Public Procurement in Montenegro

This content provides insights into the public procurement system in Montenegro, focusing on the alternative methods adopted by the Ana urni Institute in July 2016. It discusses the importance and challenges of public procurement practices, shedding light on key strategies and regulations followed in the country. Additionally, it explores the impact and significance of alternative procurement approaches in enhancing transparency and efficiency in the process.

• Montenegro
• Public Procurement
• Ana urni Institute
• Alternative Methods
• Regulations

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Presentation Transcript

1. P ublic P rocurement in M ontenegro A na urni Institute A lternative J uly, 2 01 6

2. T ypes of P P procedures O pen P rocedure L imited procedure N egotiated procedure with publishing a call to tender N egotiated procedure without publishing a call to tender C ompetition S hopping method D irect A greement

3. Institutional framework P ublic P rocurement A dministration (P P A ) S tate C ommission for the C ontrol of P ublic P rocurement P rocedures Inspection D irectorate - P ublic procurement inspector A dministrative C ourt M inistry of F inance S tate A udit Institution

4. Institutional framework

5. L egislative framework A mendments to the P ublic P rocurement L aw adopted in D ecember 2 01 4, entered into force in M ay 2 01 5 Introduced obligation of publishing tender documentation on P ublic P rocurement P ortal P P A establishes and maintains P P P ortal (A rticle 1 9 of P ublic P rocurement L aw)

6. P ublic P rocurement P ortal(s) T wo P ortals O ld one N ew, innovated one N ot interoperated, being used simultaneously

8. O ld P P P ortal C ontains data on P P conducted in a period 2 01 2 -2 01 5 : P ublic procurement plans; D ecision on candidates competencies; D ecision on the selection of the best bid; D ecision on the termination of the public procurement procedure; D ecision on the annulment of the public procurement procedure; public procurement contracts; A mendments to the plans, tender documents, decisions, and contracts. T he the L aw does not prescribe the obligation to publish annual public procurement reports, and consequently the reports are not available at the portal.

9. O ld P P P ortal R equires registration R egistries all visitors as bidders L ist of all riders is being compiled based on data about visitors of the P ortal 47 1 non - valid addresses at the P ublic P rocurement A dministration s list of bidders

10. O ld P P P ortal D ata can be searched by subject, contracting authority and type of document, but not by bidders/ service provider or contract registration number D ates of contract conclusion and contract publication often do not match, and are sometimes very far apart S earch of a desired page is not possible, because each time the user wishes to resume the search they need to start from the beginning in order to come to the page they visited the previous time T he information is not sorted into categories but by publication date A dvanced search option exists, but the data found by using that option and by manual search (opening every page and every available/ published piece of information) do not match T he file naming is inconsistent, which leads to the situation that the cumulative results found through advanced search are very unreliable

11. N ew P P P ortal C ontains data from M ay 2 01 5 C ontains tender documentation D oes not require registration N o other improvement, compared to the old portal, problems remain the same

12. Incorrect information by competent authorities O verall P P A s annual report on P P Individual reports on P P of contracting authorities Inconsistent reporting: IA assessed the degree to which the information provided in 2 01 4 by contracting authorities diverged from the ones published by the P P A in its annual report by looking at a sample of 5 1 contracting authorities R esult: 2 4/ 5 1 procurement reports contain irregularities Irregularities mostly referred to data on planed and completed budget and percentage of use of direct agreement (the least transparent procedure

13. Incorrect information by competent authorities and P P A F our cases where none of the reports - the ones of contracting authorities nor the P ublic P rocurement A dministration s R eport contain correct data. M inistry of Interior, M inistry of E conomy, M inistry of A griculture and R ural D evelopment and M inistry of H uman and M inority R ights.

14. IA recommendations for improving transparency of P P IA presented recommendations for better reporting on public procurement P ublic P rocurement A dministration conceals contracting authorities misdemeanours P ublic P rocurement in M ontenegro: C orruption within the law

15. Q &A

16. T hank you for attention! www.institut-alternativa.org ana@ institut-alternativa.org