The year's violations with tenders at institutions the KCPPA member speaks with statistics at Periscope

Public procurement is one of the most important forms of spending public money, whereby the state contracts jobs, services and purchases goods. Since it is a delicate activity of spending public money, which is often linked to corruption, this process is very necessary to be professionally supervised in order to ensure the achievement of money, transparency, and free competition among private companies. But public institutions continued in 2022 with violations of the Law. This confirms the Public Procure Regulatory Commission itself. - KCPP, which plays a key role in the functioning of the procurement system.

KCPP has a board of three members who are a decision-making body for the functioning of this body. Avni Sahiti is one of the new board members appointed in 2022.

He's one Interview for PeriscopeHe's discovered some of the trouble this institution is going through. Meanwhile, it has also talked about the most frequent violations the institutions committed during 2022 in procurement procedures, at least some of them that have been observed by the KCPP.

Sahiti has indicated that after having observed violations on the part of the procurement offices have issued a range of opinions, demanding that they be improved and not all institutions have responded positively to their demands, the bad news is that opinions not necessarily met by institutions. The power of the Law in this case can only use the Kosovo police for which Sahiti confirms that he frequents the KCPP from time to time to request interpretations from them in the investigation cases.

Total interview:

Periscope: What challenges he faced KRPP this year? 

Sahiti: During 2022, the challenges he faced The KCPP has been numerous, starting with unusual situations so far in the public procurement sector created by price inflation, and also from delays of more than a year of reviewing complaints in procurement activities as a result of the absence of the OSHP Board.

The effect of rising prices affecting planned procurement activities, procurement activities in the process, and also signed or implemented contracts, with nearly all parties involved, economic operators and the accounting authorities, who in most cases have been addressed to KRPPs for the possibility of legal interpretation, interpretations that have been quite challenging even for the institution.

Also, more than a year's delay in reviewing complaints in procurement activities as a result of lack of the O Board The EPS and legal unclears for action by the contracting authorities and economic operators to respond to such situations have produced requests for legal interpretation in the KCPP, which have also been challenging.

In addition to the higher situations that connect with the KCPP regulatory mandate, the ongoing challenge for KCPP not only during 2022, but also in other years is the obligation to a sustainable operation of the electronic procurement system, through which all procurement activities are carried out and which is of particular importance and sensitivity, requires availability and high security, and which the KCPP has also transformed into service providers.

Periscope: Do you have enough staff to operate e-procurement?

Sahiti: The challenge of sustainable operating of the electronic procurement system made even more pronounced lack or evacuation of IT staff experienced in managing IT systems, which is related to better pay in the private sector or even abroad.

The lack or evacuation of staff is also highlighted in the rest of the KCPP staff, except for the IT father, as are in procurement experts. Legal changes have also been challenging to our institution.

Periscope:  It is known that the CRPP is constantly monitoring in practice the Public Procure Law provisions, as a result of this, I believe you have observed weakness in a legal regulatory way that can be avoided by legal changes. What are some of the weaknesses you identified, and are they addressed for change?

Sahiti: Of course, the KCPP, not only during monitoring procurement activities but also the requirements for interpretation, identifies the weakness and legal uncertainty which are consistently addressed through frequent questions and legal changes (through secondary legislation) as well.

The list of legal weaknesses and confusions is long, more precisely these weaknesses are addressed through frequent questions that can be published on the KRPP website, while some of them have also been addressed with the release of the new Public Procureration Rule, which included the most important change of rules and guidance in public procurement.

From the main addresses, we can single out, the definition of the value envisioned as the cost limit to entity prices and indicator quantities, the review of the paragraph about the change of prices during contract implementation, the definition of the signing area of contracts according to the projected value/value of contracting (when procurement activities are divided in the LOT), the setting of the deadline for signing the contract after the completion of all the complaints, the clarification of the deadlines about pre-emptive calls for renegotience to renegotiate on OCs Saturdays for all kinds of tender decisions/documental documents, and many other addresses that are included in the new public procurement regulation.

Periscope: KRPP also has the Monitoring and Supervision Division. What are the most frequent violations made by the Accounting Authority this year?

Sahiti: Monitoring procurement activities during the nine-month period (9) of 2022 has listed more frequent violations belonging to LPP articles as follows:

Article 69: Technical and Professional Skills 49 cases.     

Article 68.1 The economic and financial situation (Aggression of witness requests) - 39 cases.

Article 9.5. The Declaration of Needs and the Determination of Tools -33 cases.   

As violations are linked to PP regulations and Operations Guides are:

Article 26.8. Selective criteria 24 cases.       

Article 56.15 Frame contract (regulated execution security) -14 cases.     

Periscope:  How many opinions he's issued this year KRPP for AKs and how many of them have been addressed and how many haven't been addressed. (We're talking about opinions when you're addressing an AK for a certain procurement procedure, in case of identification of violations? )

Sahiti: The monitoring department for the nine-month period has released:

Recommendations to improve requests                                  244 cases

Opinions on improving requirements                                            40 cases   

Answer to OE or interested parties requests                      16 cases         

Occasional Monitoring, application                                                           4 cases

Reports of access to public documents                                            2 cases

Opinions per PNPPNJKproc, negotiated)                                     40 cases 

The total of paperwork issued by the Monitoring Department so far (the anniversary without categories) is 436 letters of different natures and 41 Opinions for negotiated procedures without publishing contract announcements.

Periscope: Are responsible for the AKs, the CRPP opinions. What happens to cases when AKs don't address CRPP opinions?

Sahiti: As for the opinions issued by the KCPP, and their address;

According to paragraph 2.3 of LPP's Article 87, the CRPP opinions issued in accordance with this paragraph have non-binding character for contracting authorities, but competent authorities can take them into consideration during handling complaints filed with the IX Part of this Law.

Periscope: We've seen police economic crimes officials come to the KCPP from time to time asking for different clarifications for the tender procedures they investigate. What are the most frequent problems police require by KCPP interpretation?

Sahiti: In this question, the CRPP is the same as for all parties concerned with clarification and interpretation, even for KK officials, provides clarifications and interpretations, which are primarily about legal and regulatory confusion in terms of procurement activities or implementation of contracts for cases which are subject to their work.

Periscope: Compared to last year, a smaller number of negotiated contracts (for initial procurements, not additional jobs) have been noted this year. What has caused the number of negotiating contracts to decrease this year?

Sahiti: It is true that during the year 2022, the number of procedures or contracts connected through the negotiated procedure without publication of to% contract is less than the previous years, but in value or budgetary aspect, and in relation to the overall total of contracts is in %s close to the previous years. A preliminary assessment of these contracts reveals that the highest percentage (or over 50% of the value of these contracts) belongs only to an AK KEK, and that most of these contracts are related to emergency situations and especially technical obligations.

Of course, more detailed information and data about contracts and the type of procedures used will be provided in the CRPP annual report on contracts signed by all AKs. /Mentor Buzhala ) PERISKIPI/