FLASH
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The proposal as a transitional provision is not accidental. This article is in flagrant contradiction with the directive of the European Union on Public Procurement
In the last days of last year, the Council of Ministers submitted a draft to Parliament to amend the Procurement Law. The draft law, which contained 50 articles, significantly changed the existing procurement law. But among the proposed changes, a false article was also inserted.
This was Article 48, proposed in the draft as a transitional provision. Point 2 of this article expressly states: "Within a period of 3 years from the entry into force of this law, the Council of Ministers may authorize state/public administration institutions at the central level to negotiate and conclude international consultancy agreements within the scope of their competence in areas of strategic interest, in terms of the application of artificial intelligence, cyber security, critical infrastructure and the fight against organized crime and corruption."
The article that gave the government the right to procure international consultancy through direct negotiation
The proposal as a transitional provision is not accidental. This article is in flagrant contradiction with the directive of the European Union on Public Procurement. Being aware of this, the government has proposed it as a transitional measure. As much as it needed to achieve the goal and if the EU office will raise its voice, then it will be justified by the transitional measure.
Millions worth of direct procurement
The law was approved in February of this year. Shortly after its entry into force, the government began the business of direct procurement of consultancy contracts. In the last 3 meetings, the Council of Ministers has approved 3 decisions, where it authorizes public institutions to conclude consulting contracts with direct negotiation in large amounts.
Two of these authorizations have been given to the Ministry of Justice. According to the decisions, the government has authorized Ulsi Manjë to enter into direct negotiation contracts with two foreign companies. The first is the Boston Consulting Group, which will advise the Ministry of Justice in the fight against corruption. While the second decision is related to G37 Chambers, which will advise Ulsi Manja in the fight against criminality.
Meanwhile, the third decision authorizes another public institution. It is about the Port Authority of Durrës, which was given the right to conclude an agreement through direct negotiation with the Dutch of Royal Haskoning.
The decision authorizing APD to conclude consultancy contracts with Royal Haskoning
Consulting contracts are often a disguise for lobbying expenses, through which the government buys political credit in the international arena. The exact value that citizens will pay for these three closed procurements is not yet known, as they are in the process of negotiation. But the last contract, the one with Royal Haskoning, is expected to be at least over 12 million euros, which could bring the total value of the three contracts to over 30 million euros. And it's not yet known how many more consulting contracts like this will be authorized now that the government has gutted the law.
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