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Shkruar nga Pamfleti
State institutions directly engaging in the development of tenders for obtaining services for other institutions is not an unknown practice. But a new proposal in the law "On public procurement" issued for consultation provides that the institutions can now charge private companies with the tender development service.
This will be provided for a pre-agreed fee.
Specifically, public or private institutions can offer what is called auxiliary activity for public procurement and which, according to the definitions made in article 4 point 43/1, are (a
) electronic platforms, which enable contracting authorities or entities to award public contracts or enter into framework agreements for work, supplies or services;
(b) consultancy for the preparation of public procurement procedures;
(c) the preparation and development of procurement procedures in the name and on behalf of the authority or contracting entity in question".
This category will be recognized in the law as a procurement service provider and that, according to the draft law, is "a public or private entity, which can be contracted by the contracting authority or entity in order to carry out an auxiliary activity for public procurement".
Public entities, domestic or foreign, that have in their field of activity the performance of auxiliary activities for public procurement, according to the provisions of Article 4, point 43/1 of this law, may be procurement service providers.
According to point 3 of article 21/1 which is added to the current law "in the event that the procurement service provider is contracted for the preparation and development of procurement procedures in the name and on behalf of the authority or contracting entity in question, he will act as authority or contracting entity".
In another new article, which is the one 21/2, it is determined how the procurement service provider is selected.
"1. The contracting of entities, providers of procurement services is decided by the contracting authority or entity on a case-by-case basis, for objects where it is considered important to obtain an external expertise.
2. In the event that the contracting authority or entity decides to contract a private entity, for its selection it must refer to the procedures provided by the provisions of this law and other legal and by-laws in force.
Except, when the estimated value of this service is below the upper monetary limit, the authorities or contracting entities are not obliged to implement the procedures provided by this law. In any case, when awarding contracts, they must respect the selection principles provided for in Article 3 of this law.
1. The fee for the performance of auxiliary activities for public procurement, by the service provider, will be up to 1% of the estimated value of the contract to be procured.
The payment for the performance of auxiliary activities according to the provisions of Article 4, point 43/1 of this law, can be made by the authority or the contracting entity and/or the economic operator, according to the rules determined by the Council of Ministers" this article states.
Another point that changes in the law is that for small institutions or those that have less than 15 employees whose tenders, if they are not small purchases, are developed by the superior authorities. Currently in the country, the Centralized Purchases Agency and the National Information Service Agency are developing procurement procedures for the services that other institutions in the country should receive./Monitor
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