Presentation given by Ilaz Duli of the Kosovo PPRC at the 7th Regional Public Procurement Conference held in Vlora on 9-10 Sept 2014.

1. KOSOVO Public procurement legislative experiences and need Plans for development of the legislative framework in short and medium term Dr. Sc. Ilaz DULI, Board Member of PPRC Kosovo Vlora, Albania 9-10 September 2014

3. Procurement Procedures
 Open Procedures ( > 10.000 € )
 Negotiated procedures after the publication of a contract notice
 Negotiated procedures without publication of a contract notice
 Restricted procedures
 Procedures for price quotations (1.000 € - 10.000 € )
 Procedures for minimum contracts ( 100 € - 1.000 € )
 Framework contracts (special form)

4. Innovations in PPL No. 02 / L - 042
• Contract management activities
 Contracting authorities after signing the contract are obliged to prepare
• a detailed plan that foresees the implementation of the contract
• (Contract Management Plan);
 This plan should include all aspects of organizational, economic,
• technical and legal contract management.
 Contract Management Plan should be acceptable, and be signed by
• both contracting parties, prior to start the execution of the contract;
•
 PPRC is obliged to prepare a separate regulation and guideline on
• how the implementation of the contract by the Contracting authorities;
•
 PPRC is authorized to monitor and manage the contract by the
• contracting authorities.

5. Procurement activities of the public services operators
 This chapter provides a greater flexibility in the case when the public
• companies carrying out procurement activities;
 Qualification of economic operators will be based on Indicative notice,
• or on the basis of contract notice;
 Deadline for selected economic operator is a maximum of three years, and
• Indicative notices must be published each year;
 In order procurement process to be successful their interest in writing, must
• express at least three economic operators;
•
 Economic operators who have applied for qualification should be informed
• as soon as possible, and in normal cases within 15 days;
 Operators which are rejected, have the right to appeal the PRB

6. Secondary legislation on Public procurement in Kosovo
•Procurement secondary legislation, including 7 parts:
•Part A: Regulation of Public Procurement (Regulation and Operational
• guideline for PP);
•Part B: Rules on Procurement Procedures (53 different forms: notices, tender
• dossiers, evaluation reports, standard documents);
•Part C: Contract Management (Contract Management Plan);
•Part D: Procurement Code of Ethics (code of ethics and 3 statements);
•Part E: Rules Governing Sale and Disposals of Assets(rules for sale
• and 7 different forms;
•Part F: Rules of Review Procedures (standard form);
•Part G: Documents for Diplomatic and Consular Mission of Republic of Kosovo
• (instruction and 9 different forms);

7. Plans for development of the legislative framework
 In the work plan of Kosovo Government for 2014, has been
• foreseen to start of the amendments to the PPL;
 The amendment is expected to begin this year, while procedures for
• approval to be completed in 2015;
 During the amendment of the PPL, is expected to incorporate:
• - Some of the provisions of the new EU Directive of 2014;
• - Mandatory use of electronic procurement, by the contracting
• authorities
• - The elimination of some difficulties that are presented during
• implementation of the PPL in practice in these last three years;

8. Implementation of the legislation
• Although the procurement legislation in Kosovo is quite
• advanced and complete, this cannot be concluded with respect
• to the implementation of the legislation in practice.

9. Challenges of the public procurement system in Kosovo
• Main challenges that accompany the public procurement system in Kosovo are:
 The pressure made to procurement officers during the performance of
• procurement activities, especially on the contract award;
 Non-appropriate implementation of public procurement legislation;
 Frequent replacing the procurement officers in Contract Authorities;
•
 Very small number of licensed procurement officers in Kosovo,
• comparing with budget spent for procurement;
 Lack of e-procurement (WB is assisting Kosovo to develop e-procurement);
 Not enough training of procurement officers in the public sector and in
• the private sector;
•

10. Actions to be taken
The strengthening and building of institutional capacities of human resources dealing with the implementation of the public procurement legislation;
The fair and reasonable implementation and enforcement of the public procurement legislation;
 Continuing training of procurement officers in public sector;
Start training of procurement officers in the private sector

11. CONCLUSION
 It can be concluded that, in general, the public procurement system in Kosovo has shown
• significant results within a relatively short time (A decade and a half );
 If current achievements in PP are compared to the past time, from the introduction of the PP, it
• can be concluded that considerable results have been achieved within a short time.
 Factors that impacted in these results can be split into two groups:
a)A large number of international procurement experts, who established the public procurement
• system in Kosovo, were engaged immediately after the war in the field of public procurement in Kosovo;
•b) Many different donors offered funds for training Kosovar procurement officers in Kosovo and
• abroad;
 From the introduction of the PP in Kosovo up to the end of 2013, the PPL has been changed
• five times. All these changes aimed to further reform and improve the public procurement
• system in general by approximating and harmonizing it with the EC procurement directives,
• as well as with the best international practices.
 The PPL No. 04/L-042, which is in force, is harmonized in the most part with the EU
• Procurement Directives.
 This law provides for the performance of public procurement activities in Kosovo in a
• transparent, professional and non-discriminatory manner;
 The secondary legislation is comprehensive, complete and contains all the necessary forms for
• the successful implementation of procurement activities;

12. Faleminderit