Professional Documents
Culture Documents
Kosovo
An EU funded project managed by the European Union Office in Kosovo
KOSOVO
The National Public Procurement Strategy
2015-2020
May 2014
EXECUTIVE SUMMARY..........................................................................................4
1.1
Key objectives.......................................................................................................5
1.2
Recommended actions..........................................................................................5
Introduction..................................................................................................................7
3.1
3.2
Situation Analysis...............................................................................................10
3.3
3.4
3.5
4.2
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
5.2
5.3
6.2
Initiating processes..............................................................................................25
6.3
6.4
Foster accountability...........................................................................................32
6.5
6.6
6.7
6.8
6.9
Action Plan..........................................................................................................47
Contracting Authority
CPA
EOI
Expression of Interest
EU
European Union
GDP
HRM
MIS
OECD
PPRC
PRB
PPP
RFP
RFQ
TORs
Terms of Reference
GPP
SRPP
Executive summary
Introduction
Strategy Development Methodology
Background and rationale
Strategys vision, mission and objectives
Recommended course of action
Next steps for implementing the strategy
ANNEX I: International comparisons of public procurement strategies and
practice
The present National Public Procurement Strategy aims to address these problems in
order to achieve significant progress towards their eradication in the next 5 years.
The strategy will be implemented during a period for which the Government of Kosovo
has clearly expressed its political will to
fight corruption,
ensure optimal usage of the public budget on the interest of the public,
foster institutional responsibility and personal accountability in the public sector,
stimulate a healthy business environment, free economical initiative and fair
competition.
Despite the original plan to define the validity period of the NPPS from 2014 to 2019,
and since (a) 2020 is a milestone for the EU Integration Strategy and (b) the NPPS will
probably not be approved by the Kosovo Government before the end of 2014, it was
preferred to set the validity period of the strategy from 2015 to 2020.
For the elaboration and drafting of the National Public Procurement Strategy of Kosovo
for the period 2015-2020 the ADMINISTRATIVE INSTRUCTION NO. 02/2012 ON
THE PROCEDURES, CRITERIA AND METHODOLOGY FOR THE PREPARATION
AND APPROVAL OF STRATEGY DOCUMENTS AND PLANS FOR THEIR
IMPLEMENTATION was taken into account.
Thus the main chapters of the present document are:
1
2
3
4
5
6
7
8
Executive Summary
Introduction
Strategy Development Methodology
Background and rationale
Strategys vision, mission, goals and objectives
Alternative considerations
Recommended course of action
Next steps for implementing the strategy
9
10
Information gathering
Analysis
Objective setting
Option development
Option appraisal
Consultation
Drafting
To develop the National Public Procurement Strategy for Kosovo, as a roadmap for
strengthening the public procurement system at the central and local level, the following
methodological steps were implemented:
11
The role (positive or negative) of the current Public Procurement legislation in the
procurement regulations;
The quality of information flow;
The quality and relevance of training of the procurement officers.
12
The outcomes of the above information collection, as well as the main axes of the present
National Public Procurement Strategy were presented and discussed in three workshops
specifically dedicated to the NPPS.
13
14
Further support has been provided by other donors, such as the World Bank.
Public Procurement Law of Kosovo was amended in 2007 aiming to bring procurement
activities closer to EU provisions, simplifying some of the legal requirements, clarifying
issues and introducing new definitions. Increased flexibility and the establishment of the
independent Procurement Review Body (PRB) were the most significant transformations
introduced. The regulation of Concessions was removed from PPL to prevent confusion
and overlaps with the specific law on Concession Procedures that was approved in 2005.
A significant body of secondary legislation enabling the implementation of the Law has
been prepared, including standard forms for each type of notice, the code of ethics, a
template for reporting contracts signed, model tender dossiers, the complaint form for
Procurement Review Body and instructions on minimal value purchase procedure.
Since September 2011 a new Public Procurement Law, namely Law No. 04\L-042, has
entered into force. This law is fully compliant with the Public Procurement EU Directives
15
raising awareness among contracting authorities and economic operators for the
secondary legislation,
monitoring the compliance of contracting authorities via manual and electronic
systems and
supporting KIPA (which is responsible for the training and certification of
procurement officers) in the effort to develop and maintain skills and competences
of procurement professionals.
17
20
Weaknesses
Opportunities
Threats
After the promulgation of the PPL in 2011, Kosovo has a fairly modern public
procurement legislative framework, which is in line with the EU Directives 17 and 18 /
2004. Although the EU Directives have been changed (Directives 24 and 25 /2014) and
an on-going need to improve the PP system exists, an update of the PPL seems not
imminent.
The NPPS should rather focus on the full implementation of the existing legislation and
the consistent monitoring of this implementation.
Other strategic issues, which need to be addressed in the next period are:
22
transparency,
accountability,
fair competition,
fair treatment, and
value for money
framework,
human resources development, training and education,
introducing public procurement management procedures
better flow of communication between all public procurement stakeholders
introducing socio-economic and environmental objectives, in the framework of
Monitoring of the regulations and practices and handle the weak points
2. Initiating processes
Centralised procurement,
25
27
28
Strategy Statements
To achieve these objectives, the government shall:
30
Strategy Objective
Since the effectiveness of access to information and information exchange is as important
as the information itself, it is crucial to determine which method is most effective for
each stakeholder. In this framework the advantages and disadvantages of each method
should be assessed, as well as the stakeholders that can be reached through each method,
and the ability to obtain feedback through each method.
For example:
31
The following matrix summerizes the need for access to information and information
exchange of the main stakeholders of the public procurement system:
Stakeholder
Procurement officers
Information needs
Best practices, interesting
examples
Answers to specific
questions
Changes / updates of the
legal framework
32
Judges
Auditors
Public officials, who are
NOT procurement officers
and are not directly
involved in public
procurement
Managers of contracting
authorities
Wider public
Information needs
Points of concern in the
legal framework
Changes in the EU legal
framework
Answers to specific
questions
Proposed changes to the
legal framework
Proposed changes to the
legal framework
Court decisions
EU court decisions
Points of concern in the
legal framework
Audit findings
Changes / updates of the
legal framework
Strategy Statements
To achieve this objective, the government shall:
33
34
Strategy Objective
Accountability in Public Procurement is strongly interrelated with budget design &
implementation, since it:
puts greater performance focus in the Budget, providing actual cost data for
budget formulation
strengthens internal control & audit by setting procurement as a key element
There are already signs in some countries that public procurement as a technical and
peripheral function is being put aside and integrated into the overall public expenditure
management process. The term procurement is no longer used and procurement
officers are called financial management officers. By including in each stage of the
procurement process, apart from procurement officers also financial experts. By doing so,
35
36
37
increase the level of Green Public Procurement at the national level and
to stimulate the market by creating demand for products that meet high
environmental standards, and innovative environmental technologies by the
public sector
by reaching out to contracting authorities with information on the possible use GPP.
Specific objectives are:
aspects;
increase the number of economic operators holding a verified environmental
management system and /or producing ecologically certified products
38
Strategy Statements
To achieve this objective, the government shall:
a) initiate and stimulate of debate regarding GPP and SRPP in the ountry;
b) exchange of good practice between contracting authorities by establishing a
platform for exchange of experiences, information and knowledge on the
arrangements for GPP and SRPP
c) elaborate concrete advise, criteria and indicators to be used in public tendering in
view of promoting GPP and SRPP
d) foster public procurement planning, in order to timely integrate GPP and SRPP
criteria in to the procurement process
39
40
41
42
e)
f)
g)
h)
on line,
shortlisting, bid evaluation and bid comparisons,
online negotiations,
electronic auctions and reverse auctions,
collection, storage and systemizing information and statistics on the procurement
process
i) electronic aggregation of needs of public bodies at a central level;
j) developing a register of suppliers,
k) central electronic catalogue with information on products and services from the
registered suppliers
l) exception reports and alerts wherever there are significant deviations from
m)
n)
o)
p)
43
44
45
46
47
The following tables present a comprehensive action plan for the implementation of the
above issues and the concrete actions serving the achievement of the strategy objectives.
48
S/M/L4
Time Frame5
1st Semester
2015
2nd Semester
2015
2nd Semester
2015
In 2016
1st Semester
2015
In 2018
2nd Semester
2015
In 2016
M
M
S
In 2016
In 2016
2nd Semester
2015
1st Semester
2015
4 S/M/L= Short, Medium or Long term, Short = Year 1, Medium = Year 2-4, Long = After Year 4
5 Time frame has been kept flexible and in a broad range keeping.
49
S/M/L
Time Frame
1st Semester
2015
1st Semester
2015
1st Semester
2015
st
1 Semester
2015
Develop the CPA website, with more info for EOs and CAs about
framework agreements
Ensure harmonised communication between the 3 main PP
institutions (CPA, PPRC, CPA) and regular communication to the
media and the public including EOs and CAs and citizens.
Organize regular round tables and discussions with the stakeholders
under the responsibility and guidance of PPRC (i.e discussion on the
latest interpretations, most common problems and proposed
solutions)
Foster accountability
Clarify the responsibility of managers, ministers, mayors etc.
1st Semester
2015
st
1 Semester
2015
S
S
M
In 2016
S
L
1st Semester
2015
In 2018
In 2016
In 2016
In 2016
In 2016
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Time Frame
In 2016
In 2016
In 2016
In 2016
In 2016
2nd Semester
2015
In 2016
2nd Semester
2015
2nd Semester
2015
S/M/L
Further harmonize the legal framework for procurement, especially in view of the new EU Directives
Initiate the discussion of the revision of the PPL.
M
In 2016
Elaborate, under the guidance and management of PPRC, a thorough
L
In 2018
comparison between the existing PPL and the requirements of the
new EU Directives.
51
In the German system a distinction is made between efficiency and formality capturing
the essence of the conflicting issues inherent in all the stated principles.
In Belgium an inherent preference is revealed to maintain the status quo of the
procurement system, however this risk avoidance strategy is under threat from a recent
reform initiative Copernicus giving greater autonomy and freedom to the heads of
Public Administration in how to achieve the goals established by the political system.
In the UK a dramatic change had taken place in the National Health System (NHS), as
central government had blurred the boundaries between the public and private sectors
reacting in this way to problems of lack of investment and capacity in the NHS rather
than difficulties in the procurement system. The impact on the role of procurement was
significant though, as purchasing on price alone as an objective changed to objectives to
improve management of markets, and management of strategic relationships with various
bodies including Public Private Partnerships and commissioning.
52
In general though, the cases revealed more similarity in the principles underpinning public
procurement than differences.
In terms of proactive supply policies, lack of adequate information for policy initiatives was
encountered in most countries. e-procurement is presented as a significant driver of promoting
SME access to the Government market. However very few entities have good management
information about their procurement profiles as a basis for business case development for eprocurement or fir socially responsible procurement. To achieve the strategy of encouraging the
participation of SMEs in public contracts, it seems that analysis and knowledge of supply chains
is a prerequisite.
In many countries there is a support for indigenous industry in the Public Procurement System,
but the most extreme example of supporting economic development through procurement can be
found in the United Nations case. In the UN, maximum development impact from funds could be
achieved by sourcing locally or regionally. The procurement function itself was then able to
become a mechanism of development assistance, in that it provided institutional investment in
local or regional businesses by contracting with them.
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o Efficiency
o Legal compliance
o Cost effectiveness
o Education of public procurement personnel
Lower ranking priorities:
o Broader government objectives
o Social inclusion
o Green procurement
o Sustainability
o Providing suppliers with equal opportunities
o Using procurement to encourage innovation
o Ethical issues
possible
Agendas facing public procurement practitioners are changing from day to day
There is not always clarity on to whom procurement practitioners are reporting
People issues are important and there is an international shortage of highly qualified,
objectives
All public procurement systems appeared to exhibit divided loyalties and conflicting
stakeholder objectives
As a conclusion one could argue that despite the lack of international learning in the field of
public procurement, there are many similarities of aspirations, policies, strategies and processes
across the various countries.
The core drivers of procurement strategy are aligned to, and support delivery of,
55
connects government policy, procurement policy, and practice in the supply market.
Just as governments can move from a controlling regime to a facilitative state, so too can
public procurement move from a rule compliance function to a cost down, efficiency led
function, to a facilitating supporter of broader government objectives, to a deliverer of
broader government objectives.
56