Kurti doesn't want British expertise in selecting board for tender supervision

Kurti doesn't want British expertise in selecting board for tender supervision

Prime Minister Albin Kurti wants to have full control in selecting people who are involved in tender processes. This can be found as the government has prosecuted in such a way that the Great Britain Embassy in Pristina is not invited to select boards that make oversight of the Procure Law [...]

The two institutions that make sure there is a fair and uncluttered race in tenders, Public Procureing Organization, and the Procuration Regulatory Commission are without the Board of Directors. First institution, O There's been no board for a year, while the CRPP is minus two members out of five.

The Kosovo government has agreements with the British Embassy in Pristina to assist in these two process of recruiting Bordees, but the embassy is not involved in any process.

The Kosovo government has announced new competitions for the selection of the Procuring Organisation Board, which is closed on December 24th, 2021. The past contest in which the British Embassy in Kosovo has assisted has failed because candidates have not been voted in the Parliament. The British “Embassy in Pristina will not assist in the new process of selecting the OSP board. Our constant stance on such cases is that the British Embassy project will not be able to support the process again, in cases where the recruiting has been successfully completed and has resulted in candidates that are named”, the British Embassy had announced.

A few days ago, the Government of Kosovo has carried out all procedures for appointing two members of the Public Procurement Commission Regulatory Board -The NRCP, as this institution that oversees implementation of the procurement law in public institutions only functions with three members over the years.

Avni Sahiti and Fidane Spahija-Ghikoli are the names proposed for two KRPP members on the part of the government. Even Fidane Spahiya-Ghikoli turns out to be the daughter of a Vetevendosje Movement activist in Pec, Hidaverid Spahija.

Periscop has learned that the British Embassy has not been invited to assist in this competition, which has already gone to the Parliament. On the other hand, the government also has agreements on British assistance to the KRPP.

Ehat Miftaraj - Executive Director of the Kosovo Institute for Justice (IKD) considers that not including the British Embassy in these two processes is bad news.

“The British Embassy's participation in the higher position recruiting processes is a value which has had tremendous impact on those cases when there was a will to select and appoint persons with integrity and ensure a transparent process based on meritocracy. The British Embassy's extraordinary priority of monitoring is also security for candidates who want to be part of this race, for a fair, independent and apolitical process. So news that the British Embassy is not part of these processes is bad news. As with the British Embassy from the beginning, it has proven commitment and willingness to assist Kosovo institutions in these processes, and when this embassy spends financial resources to monitor a process and its advice is not taken into account, of course, that the same people rightly make such decisions not to monitor the same process several times”, Miftaraj tells Periskopi.

The editorial has not been filed by the Prime Minister's Office today to inform us how far the process of selecting OSHP officials has gone.

Since March 31st, 2021, the Procuration Supervisor Organisation has remained without a governing board, and as a result, the complaints of economic operators cannot be considered.

All tenders for which there are complaints are suspended and no action can be taken on the part of institutions until the OSHP board is appointed. This is causing major problems as capital investments and goods and services remain blocked as a result of complaints.

Staying Arifi, senior researcher in INPO, this organisation that monitors public procurement in the country, says politics is guilty of continuing failures that O The E.P. has no functional.

According to him, the political struggle for people who will be voted for this Bord is incompatible because of the importance of this organ.

The top “for this is politics, namely Government and Parliament. So, because this organ, the selection procedures are initiated by the government and ends up in the Republic of Kosovo Assembly, while both of these institutions have failed to eventually bring these board members to their workplace, so to function the O Board. The time-out of”, Arifi said of Periscope.

Arifi has added that even though the competition for electing the director and four other members for the OSHP Board has opened, the government is moving very slowly.

O Board The EPS is a decision-making body concerning reviewing complaints being filed by companies in this institution. Their work is carried out through the examination panels, where both hearing and closed are based on the foundation of company complaints.

According to OSHP data, Periscope has been released from this institution's website in 2021, O The EPS has accepted 881 total complaints by public companies, under the argument that they were wronged by procurement officials. About 500 complaints have remained untreated because of March 31st, the Board is missing. The value of frozen capital flows around 200m euros. From January 2022 to now, the number has increased markedly.

Public institutions, implementing procurement procedures with negotiating the same tender that has been put on hold in O The news is because of not handling complaints. This procurement procedure is uncompetitive and is often seen as suspicious by procurement experts.

On the other hand, the Kosovo Institute of Democracy - KDI has been sending letters to all Contract Authority today.

KDI has found, however, that some contracting authorities have decided not to expect a decision by the Procuring Organisation with reasons that they have already passed all legal deadlines for decision making. ” From 531 tenders that are blocked in O The EPS, contracting authorities have continued with procurement procedures for 143, without expecting O's decision The EPS, under the conviction that they have expired all legal deadlines for decision-making. The monetary value of procurement activities that remain blocked is over 200m euros. Locking procurement activities on O The spread could cause major consequences for municipalities: losing the opportunity to obtain financial means through a scheme of the Ministry of Local Power Management (MAPL) for granting grants of municipal performance. One of the basic criteria is for them to have spent at least 75% of the budget for capital investment”, KDI has disclosed.
According to KDI, the prosecution further has the legal basis at Article 135, paragraph 1 of the Law for General Administratorial Procedures, which says the general deadline applicable for completion of the administrative procedure is 30 days from its beginning. This legal provision has supported contracting authorities, who have continued on with procurement activity and have not expected the decision by O The E.P.
KDI calls for contracting authorities in line with the LPPA and public interest to proceed further with all procurement activities, which have complaints in O The video, for which all legal deadlines have expired./ P ERISCOPIA
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