The document summarizes Montenegro's public procurement legislative framework and plans for further development. It provides an overview of the key laws and regulations governing public procurement procedures in Montenegro. It also outlines the principles, timelines, exemptions, reporting requirements, and assessment of alignment with the EU public procurement directives. There are plans to further harmonize procurement laws with EU standards and introduce more flexible procedures and electronic procurement tools to enhance the public procurement system.

1. GOVERNMENT OF MONTENEGRO
Public Procurement Administration
Public procurement legislative experiences and needs&plans for development of the legislative framework in short and medium term
Presenter:
Sandra Škatarić, Head of Department for professional development, training and international cooperation in public procurement field

2. M O N T E N E G R O

3. PPL (“OG of MNE”, no. 42/11) overview
Law on Public Procurement (“Official Gazette of Montenegro”, no 42/11)
Rulebook on the methodology of expressing sub-criteria in the corresponding number of points, method of evaluation and comparison of bids
Rulebook on Manner of Keeping and Content of Records on Violation of Anti-Corruption Rules
Rulebook on the records of public procurement procedures
Regulation on the Forms in Public Procurement Procedure
Other implementing Acts: http://www.ujn.gov.me

4. Characteristics of the PPL (“OG of MNE”, no. 42/11)
–New Public Procurement Act since 2011;
–Consolidated regulation of the procedures for the award of contracts by authorities in the public sector and utilities entities in the water, energy, transport,mining, telecomunications and postal sectors;
–Sublimated provisions on the procurement of goods, works amd services;
–Provisions regulate all aspects of the procurement process, from definition of subject matter to contract award;
–Emphasis on transparent and efficient use of budget &other funds;
–Regulation establishes an effective and rapid remedies system;
–Simulation on free market competition.

5. 3 Thresholds / 9 Procurement procedures
Value Scale I
Value Scale II
Value Scale III
Contract value
≤ 5.000 € (Services / Supplies / Works)
Contract value
5.000 – 25.000 € (Services / Supplies)
5.000 – 50.000 € (Works)
Contract value
≥ 25.000 € (Services / Supplies)
≥ 50.000 € (Works)
9) Direct assignment
8 ) Shopping Method
1) open procedure;
2) restricted procedure;
3) negotiated procedure with prior publication of a contract notice;
4) negotiated procedure without prior publication of a contract notice
5) framework agreement;
6) consulting services;
7) contest;

6. Principles and Time limits
•Cost effective and efficient use of public funds;
•Ensuring competition among the bidders;
•Transparency;
•Equality of bidders.
Time limits:
•Open procedure 37-22 days;
•Restricted procedure (I stage 37 days, II stage 22);
•Negotiated procedure 22 days.

7. Process of the public procurement procedure
1. Initiation of procedure
Conditions: Decision on initiating the procedure
-Allocated funds Appointment of commission for the opening and evaluation of bids
-Plan
2. Invitation for public tender
- Estimated value of public procurement
- Conditions
- Criteria for selection of the most favourable bid
3. Public opening of bids
-Minutes
4. Review, assessment and evaluation of bids
-Rejecting invalid bids
-Minutes
-Report on public procurement procedure
5. Decision on selection of the most favorable bid
Decision on cancellation of public procurement procedure
6. Public Procurement Contract

8. Exemptions from the law (Art. 3 PPL)
1.International rules;
2.Confidential procurement;
3.Defense of Montenegro;
4.Services of public interest;
5.State of emergency;
6.Broadcasting program material;
7.Arbitration;
8.Financial services;
9.Labour relations and employment;
10.Election material;
11.Concession and privatization of the economy, sale and renting ;

9. Public procurement records and reporting
Records of contracting authorities:
-conducted procedures -concluded contracts
Reporting:
Contracting authorities shall submit to Public Procurement Administration not later than 29th Feb reports on:
-conducted procedures
-public procurement contracts concluded in the previous year
Public Procurement Administration
Annual report:
-submits to the Government (31/05)
-publishes on the Public Procurement Portal
MORE: www.ujn.gov.me

10. Assesment of alignment
•Partially harmonised;
•New law brought progress;
•PPL needs to be further harmonised with respect to special regime for Utilities sector;
•EU funded Project : “Enhancing the public procurement system in Montenegro”.

11. Further harmonization
•Introduction of more flexible procedures: (shorter deadlines, qualifications systems, less rigid negotiated procedure);
•Development of centralized purchasing techniques;
•Utilization of electronic procurement tools: Electronic auctions , dynamic purchasing systems.

12. THANK YOU FOR ATTENTION!