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Aktualitet2024-02-11 21:23:01

Procurement with "AI"/ Reserves for the new law passed by the Assembly: One of the articles leaves room for abuse

Shkruar nga Pamfleti
Procurement with "AI"/ Reserves for the new law passed by the

In the Assembly, the new law on public procurement was voted, which at its core has the establishment of a new centralized digital system, which will be operated by Artificial Intelligence.

AKSHI will be responsible for setting up this system. However, civil society organizations oppose an article, included in the amendments to the new law, which according to them leaves room for abuse. In article 48/2 of the new law, the Council of Ministers is given the right to choose an international consultant without competition within three years who will help it in what are defined as areas of strategic interest.

" The first risk is that these contracts can go without competition to clients of the government or public institutions. The second risk is that the interests, developments, studies for strategic sectors of the country, which are many, can be concentrated in a few hands, who will do the consultancy, will do the consultancy, studies, evaluations will make the terms of reference and so all work related to the strategic sector will be channeled to the optics and interests of a group, which may also be clientelistic ", said Aranita Brahaj, from Open Data Albania for "TCH".

" The effect of this article is only 3 years. Those who choose whether a national/national assistance is needed or not are the members of the council of ministers, so it is a collegial body and not just an individual. And it deals with some areas that are in strategic areas such as the use of artificial intelligence, cyber defense and robotics, which are very new areas, advanced technologies in the world and for which the exchange of experience is also necessary. We in the commission have judged something to be right ", said MP Milva Ekonomi.

Also, civil society organizations state that this new law, despite providing for investments in new digital systems, does not have a fixed cost

" There is a decision of the council of ministers that obliges the institution itself as the initiator of the law that when it sends such documents or such draft laws, the financial costs related to this law will have to be placed in the relation that accompanies the law. If the legislator approves this law, in a way, he has given the government a blank check, and the government can arbitrarily cover either the cost of this development or the customers who will implement it ," said Brahaj.

 " The value judgment means that it is not a blank check, there is a way to pass the budget, the budget is an organic law that is approved by the assembly and there is also a ceiling for strategic investments. In the accompanying law, there are also several scenarios of how much the project could cost. This project has a zero scenario, scenario A and B, in all cases such values ​​have been given that when the moment comes the Ministry of Finance will set a ceiling for this strategic project ", added Economy.

In the accompanying relation of the law, the government announces that public procurement through artificial intelligence will become more efficient, while it is intended to eliminate the Evaluation Commissions, whose members mostly end up behind bars for corruption. The bill also adopted several other changes, among them the disqualification without explanation of abnormally low bids in a competition.

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