FLASH
Shkruar nga Pamfleti
In a session held online on Monday, the Economy Committee in the Assembly discussed the amended draft law on Public Procurement. The proposal was presented by the Albanian government in the months of June-July 2023.
Meanwhile, the Albanian Institute of Sciences (AIS), which monitors public procurement through Open Data Albania, has expressed criticism of these changes through a letter of recommendations during the public consultation period with the government.
AIS, after reviewing the draft law, has come to the conclusion that "the true essence and purpose of the proposed changes is completely different from what is stated in the explanatory report".
Aranita Brahaj, representative of AIS, has analyzed the three main pillars of changes which include: artificial intelligence, paid services and the new electronic system.
"Tenders can be developed by private companies"
According to the draft, public procedures for tenders will not be done only by public institutions, but it is foreseen that there will be a "procurement service provider", which can be private, public or foreign. So according to the changes, even a private company can develop a tendering procedure.
Regarding paid services, AIS clarifies that this is a concept proposed for the first time in the draft law and its description and role are unclear.
“The law does not provide a clear reference and conclusion as to how this function will be performed, leaving unclear the status, license or legal title of the “Paid Procurement Service Provider”, according to AIS.
Also, it is not specified under which circumstances a Contracting Authority will select a "Paid Procurement Service Provider".
For Aranita Brahaj, not determining how this service provider will be chosen, that is, in which competitive procedures, is "unfair, discriminatory and abusive".
"There should be competition for the selection of suppliers of procurement/concession/auction services", says Brahaj.
Another problematic point is that it is allowed for this provider to be foreign. For Brahaj, this provision is in complete contradiction with the Law on Public Procurement.
Brahaj says that foreign companies do not know the Albanian legal framework, which according to her is problematic. But in addition, she says that this "may raise concerns about national sovereignty and security".
"Electronic payment system for procurement"
The second issue criticized by AIS is that of the new electronic toll system.
The government proposes to establish an Electronic Procurement System (EPS) that will be accessible only against payment. Since there is currently a well-functioning free public procurement system, AIS considers this step backward in the field of procurement.
"The implementation of payments will create additional costs for all EPS users (Operators, Authorities, journalists, monitors, NGOs, supervisors), says AIS.
The changes did not include any cost estimates that would be needed to build this new system.
This, according to AIS, is worrying because of the added cost and the limitation of transparency.
"Paid access to EPS limits transparency in the field of procurements", AIS underlines.
"Artificial Intelligence"
Artificial intelligence is the third concept criticized by AIS. Aranita Brahaj says that it is an unformed concept, in the absence of laws that regulate its implementation in practice.
The use of Artificial Intelligence is proposed as a mechanism that will serve for the development of the Electronic Procurement System for the standardization of technical specifications.
Based on the explanatory report of the draft law, the application and use of Artificial Intelligence is proposed by the National Information Society Agency (AKSHI) and the Public Procurement Commission (KPP).
AIS points out that there is no precise or general definition of the term “Artificial Intelligence.”
"Secondly, the proponents have not provided any reference to the EU Directives that the draft law intends to reconcile with this mechanism", notes AIS.
It further states that no mechanism is envisaged for the control or auditing of "Artificial Intelligence."
In conclusion, AIS requests to withdraw the draft law from the process of consultation and advancement, describing it as premature and lacking in adaptation to the national legislation.
Also, they request a technical assessment of the state of the existing public procurement system and call on the Council of Ministers to ensure transparency and participation in the public procurement process for future projects.
/ Citizens Channel
Lini një Përgjigje