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REPORT ON PUBLIC PROCUREMENT

ACTIVITIES IN KOSOVO FOR 2017

January 1, 2017- December 31, 2017

March 2018 Prishtina

Report on signed public contracts during 2017

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C O N T E N T

1. Executive summary

2. Legal framework

3. Description of the Institution (Institutional organization)

4. Scope of the Institution

5. Activity during the reporting period

6. Last section of the Report – recommendations/challenges of

institution (staffing, amendment of law)

7. Report on addressing of recommendations issued by Office of

Auditor General

8. Financial Report


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1. EXCECUTIVE SUMMARY

Pursuant to Article 87.2.13 of Law no. 04/L-042 on Public Procurement, as amended and supplemented by Law no. 04/L-237, 05/L-068 and the Law no. 05/L-092, the Public Procurement

Regulatory Commission (PPRC) for each calendar year should prepare and submit to the Government and Assembly an annual report, analysing public procurement activities in Kosovo for that calendar year, together with recommendations for improving Public Procurement system and/or the improvement of this law and secondary legislation issued by the PPRC based on the authorizations

given by this law, which is submitted no later than the end of March of the following calendar year. This report has been drafted in full compliance with the requirements of the Law on Public Procurement, by presenting a very detailed analysis of all public procurement activities performed in Kosovo under the public contracts signed during January 1 - December 31,

2017. The preparation of this report also complies with the requirement of Article 87.2.12 of the Law on Public Procurement, according to which the PPRC should collect, analyse and publish information on public procurement procedures and public contracts.

This is the thirteenth year that the PPRC prepares such a report, every

year putting efforts to make the report more advance and complete to the extent possible so that the Government and the Assembly of Kosovo have the opportunity to have a full overview of all public procurement activities conducted in Kosovo during 2017. This report will be very welcome also to all international monetary financial institutions operating in Kosovo, because they will have a

report available which includes public procurement activities in Kosovo by sources of funding, the value of procurement contracts, types of procurement activities as well as procurement procedures.


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2. LEGAL FRAMEWORK

2.1 Applicable Legal framework governing the Agency

The Public Procurement Regulatory Commission (PPRC) is established pursuant to Title VI of the Law No.04/L-042 on Public

Procurement, amended and supplemented by Law No.04/L-237, Law No. 05/L-068 and Law no. 05/L-092. Pursuant to as provided under Article 86 of this Law, the PPRC is an independent regulatory agency and, whereas under Article 87 of this law, it is responsible for the development, operation and supervision of the public procurement system in Kosovo, and exercises the functions vested

to it by this law. In view of good functioning, the PPRC issued its Rules of Procedure and the Operational Guidelines for the Public Procurement Regulatory Commission, providing numerous practical operational guidelines for PPRC management and staff. The Operational Guidelines provide a structured and understandable presentation of the PPRC in general,

roles, responsibilities and competencies as well as specific guidelines for the implementation of the PPRC functions provided by this Law. The guidelines have been prepared in order to facilitate the introduction of the Rules of Procedure and to instruct the management and staff of the PPRC throughout the various review and administrative procedures that

are part of the day-to-day operations.

Both PPRC's internal acts: the Rules of Procedure and the Operational Guidelines for the Public Procurement Regulatory Commission are published on the PPRC's website: http://krpp.rks-gov.net/ 3. DESCRIPTION OF THE INSTITUTION (INSTITUTIONAL

ORGANIZATION)

3.1 Mission/Vision

PPRC's mission is the development of functioning and oversight of the

public procurement system in Kosovo, as well as the development, functioning and supervision of the electronic public procurement system

in Kosovo (E-Procurement). As a result, the PPRC's mission is to promote respect for basic procurement principles regarding transparency, accountability, fair competition, fair treatment and value for money by improving the capacity of the procurement system through:

http://krpp.rks-gov.net/


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Advancement of the monitoring system for the implementation of

the public procurement legal framework;

Development of human resources, training and education;

Advancement of public procurement management procedures;

Better communication flow among all public procurement actors;

Presentation of socio-economic and environmental objectives within

the framework of green public social procurement policies;

Utilization of new contemporary methods in the implementation of public procurement law such as: electronic procurement and

centralized procurement; and

Raising the awareness of officials about the functioning of the

public procurement system in Kosovo.

3.2 Functions of Public Procurement Regulatory Commission

provided by the Law

The main functions of the PPRC are detailed in Article 87 of the Law and can be summarized as follows:

LEGAL FUNCTION;

MONITORING FUNCTION;

TRAINING FUNCTION; and

FUNCTION OF REVOCATION OF PROCUREMENT

CERTIFICATES.

Legal Function

The PPRC Rules Division is responsible for establishing the rules and

conditions governing the implementation of any type of public procurement activity in the Republic of Kosovo, including framework contracts. Moreover, the PPRC should issue rules detailing contract management, to issue rules to contracting authorities regarding the use of e-procurement methods in accordance with international standards. The initiating event for PPRC interventions in the Second Public

Procurement Legislation will be gaps and weaknesses detected and

documented during the monitoring of public procurement activities. Monitoring Function The Monitoring Division performs planned and ad-hoc monitoring of

procurement and monitoring of Notices. Training Function


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The PPRC Training Division is responsible for the design and development of training modules and curricula for the qualification of procurement officers. In this regard, the Training Division will use the gaps and weaknesses detected and documented during the monitoring of public procurement activities. The Training Division is also responsible for identifying suitable trainers (individual trainers or training

organizations) in public procurement to deliver relevant courses. The Division, in cooperation with KIPA, should arrange for the development and maintenance of professional procurement courses with duration of at least fifteen (15) days for basic training, and ten days (10) for advanced training, and it is responsible for organizing exams. The trainers should have experience in public procurement training, best

international procurement practices, and the EU procurement system. Function of Certificate Revocation

Revocation of a professional procurement certificate could be initiated by:

a. Public Procurement Regulatory Commission; b. Procurement Review Body; or c. Any contracting authority.

The request for revocation of the certificate must be submitted to the

PPRC and must be properly documented. Upon receipt of the request, the

PPRC establishes a Commission to review the case and submits such request and relevant documentation to the commission. The Commission reviews the case and is entitled to request further information, clarification and/or documentation from the revocation requesting authority, if the submissions are established as incomplete or unsatisfactory. Upon review, the Commission issues its own documented

opinion to the PPRC Board. The Board may return the opinion submitted to the Commission if the documentation is considered incomplete or unsatisfactory. The PPRC Board decides based on the requirements set out in Article 23 of the PPL. If the above mentioned requirements are not

met, the PPRC shall revoke the certificate in accordance with the procedures referred to in paragraph 8 of Article 25 of the PPL. The

decision of the PPRC Board is communicated to the body that has filed the revocation request and the respective Procurement Officer. If the holder of the certificate is not a civil servant, the person concerned is entitled to notification in writing, ninety (90) days in advance for the purpose of revoking his/her certificate. If the person is dissatisfied with the outcome, then he/she may appeal the certificate revocation at the

Basic Court - Department for Administrative Matters. If the certificate holder is a civil servant, the appropriate authority will initiate the


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necessary procedures under the Law on Civil Service of the Republic of

Kosovo. A procurement officer whose certificate has been revoked may take basic public procurement training after a one-year period of revocation.

The PPRC is comprised of total five divisions under its organizational chart, four of which operates as per authorizations provided under

Articles 25, 81, 87 and 88, as follows: DIVISION OF RULES:

Pursuant to Article 87 of Law no.04/L-042 on Public Procurement, amended and supplemented by Law no.04/L-237, Law no.05/L-068 and

the Law no.05/L-092, the Rules Division performs the following functions:

Establish and publish detailed public procurement rules to ensure the proper implementation of the present law by contracting authorities, including rules governing the use and conduct of each

of the procedures provided for in Articles 33-37 of this law; provided, however, that such rules shall be consistent with the requirements and principles established by the present law and any applicable mandatory requirements of the EU relating to procurement;

Prepare and disseminate procurement manuals, guidelines,

standard form tender and contract documents, standard forms and models pursuant to the present law for the benefit of contracting authorities and economic operators;

Provides technical assistance and advice to contracting authorities and economic operators for the implementation and interpretation of the provisions of the PPL as well as for any documents deriving

from the PPRC; Provide technical assistance and advice to both contracting

authorities and economic operators on the application and interpretation of the provisions of the present law and any

documents issued by the PPRC; Develop and implement detailed rules regarding Contracting

Authorities’ disposal of assets; Analyses the monitoring reports and other recommendations and

closely cooperate with the Monitoring Division, to improve the rules of the public procurement system and/or the law;

After close cooperation with the Information Technology Division, rules on e-procurement, and more specifically on the electronic

transmission of tender documents and requests for participation and acceptance of proposals. These rules should include an


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advanced electronic signature, in accordance with international

standards;

In addition to functions authorized by law, the Rule Division also performs these additional functions:

Support the work of the Public Procurement Regulatory Commission, carrying out legal analysis during oversight of the

implementation of the Law and secondary legislation by contracting authorities and economic operators;

Supervise the receipt of requests and attached documents submitted by the contracting authorities and economic operators, assess whether it is necessary to complete or clarify and review possible legal opinion in coordination with the

President and the member of the board responsible for the division;

Appoints and holds consultations, technical assistance and advice at the request of contracting authorities and economic operators in coordination with the President and board member responsible for the division;

Drafts opinions, legal interpretations and advice on a case that is subject to a request for legal interpretation;

Ensures the dissemination of the written response through the PPRC's archive after it has been signed by the procurement expert (the drafter), the board member responsible for the

division and the chairperson of the PPRC; ensures the

dissemination of the response via email as well as in coordination with the member of the board responsible for the division and the President ensures the publication on the PPRC's website if it is considered as a frequent question or as a solution to the potential problem of confrontation Other contracting authorities;

Hold meetings for: a) Coordination of Division`s work; b) Discussion of legal issues with the President and the member of the Board responsible for Division regarding the requests for interpretation submitted by the contracting authorities and

economic operators through the PPRC archive and electronic mail to the official E-MAIL [email protected]; c) Consult

with the PPRC Board, Heads of Monitoring Division and IT Division regarding the effective and efficient functioning of the PPRC for the development, operation and oversight of the overall public procurement system in Kosovo.

MONITORING DIVISION:


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Pursuant to Article 88 of the Law no. 04/L-042 on Public Procurement, amended and supplemented by Law no. 04/L-237, Law no. 05/L-068 and the Law no. 05/L-092, Monitoring Division performs the following functions:

a) According to plan;

b) According to cases; and c) Monitoring notices.

a) Planned monitoring of procurement

Each year prepares a work plan for monitoring the procurement

activities identified for ex-post monitoring and contract management of selected contracting authorities and submits it to the Board for approval;

Monitors the carried out procurement and contract management of the procurement activities of the contracting authorities in order to verify whether the LPP and the by-laws have been properly

implemented, from initiating a procurement activity until the full implementation of the contract in accordance with the annual work plan;

In case of finding a violation of the law by the contracting authority, organizes a meeting with the participation of the

responsible persons to discuss the case, explain, clarify and

elaborate measures to be taken; Sends the planned monitoring reports to: i. The responsible

procurement officer of the concerned contracting authority; ii. to the relevant oversight body (Mayor, Minister and Permanent Secretary in case of relevant ministries, Directors/Heads of Public Enterprises, etc.); and iii. to the Division of Information Technology

in order to be published on the PPRC's website.

b) Monitoring procurement according to cases

Perform monitoring according to the case of a procurement activity under implementation and completed, including the time when the

contract is being executed, to the selected contracting authorities, based on information received from the contracting authorities, economic operators or third parties received by the PPRC;

Monitor the existence and completion of the tender dossier prior to the publication of the contract notice (This provision does not apply

in case of using the electronic platform); Issuing professional advice in cases when it finds that a

procurement activity of the contracting authority is not in


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accordance with the LPP and secondary legislation and in

particular in cases where the contracting authority has not documented the decision (s);

In case of finding violations of the law by the contracting authority, organizes a meeting with the participation of the responsible persons to discuss the case, explain, clarify and elaborate the measures to be taken. Monitoring reports according to cases; e)

Submit the monitoring reports as appropriate to: i. The responsible procurement officer of the concerned contracting authority, ii. Economic operator, if applicable; iii. to the relevant oversight body (Mayor, Minister and Permanent Secretary in case of relevant ministries, Directors/Heads of Public Enterprises, etc.); and iv. to the Division of Information Technology in order to be published on

the PPRC's website.

c) Monitoring based on notices

Contracting authorities notify the PPRC of the following cases: a) the contracting authority has decided to use the negotiated

procedures without publishing the notification for contract (according to Article 35 paragraph 1 of the PPL), b) the contracting authority has decided to cancel the procedure, because of the abnormally low price (according to Article 61 paragraph 5 of the LPP).

Monitor any of the above mentioned cases (Article 9.4.3.1)

following the decision of the Head of the Monitoring Division, inviting, where necessary, the concerned Contracting Authorities to review their decisions. The PPRC shall do so within two (2) days of receipt of such notice. 9.4.3.3 Issues professional advice to the contracting authority when the PPRC ascertains that such activity of the contracting authority is not in accordance with

LPP and secondary legislation and in particular where the contracting authority has not fully justified the its decision. The PPRC opinions issued in accordance with paragraph 9.4.3.1 (a) are of a non-binding nature to the contracting authorities, but

may be taken into account by the competent authorities when handling complaints filed in accordance with Part IX of this Law.

All notices submitted by the contracting authority to the PPRC are checked during the 2-day period prior to publication. During this period, the Monitoring Division issues written recommendations to the Contracting Authority for correction of errors or omissions. The contracting authority will publish and circulate the corrections;

All notifications submitted to the PPRC through the electronic procurement system by the contracting authorities can be


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checked during the period from the publication to the opening.

During this period, the Monitoring Division may issue written recommendations to the Contracting Authority for correction of errors or omissions. The contracting authority has full responsibility to decide how to consider these recommendations;

Develops and approves the necessary methodology and manual for compliance monitoring and performance measurement of the

Public Procurement System in Kosovo and sets relevant quantitative and qualitative indicators to measure performance and compliance with the law of contracting authorities and procurement staff, as well as to fully evaluate the national public procurement system;

Implement the above methodology and manual by developing a

work plan; continuing with the collection of field data through questionnaires or other methods; placing data on a database for analysis; evaluation of indicator values or other relevant qualitative information; reporting all findings to the PPRC Board on a regular basis and integrating them into PPRC's reports; supporting any action arising from performance and compliance

findings; Prepares and elaborates annual compliance and performance

reports that identify the strengths and weaknesses in implementing the law, the public procurement system and the implementation of contract activities. Reports will be submitted

to the PPRC Board for further steps in the preparation of a

strategy to enhance the performance of the implementation of the public procurement system, as well as recommendations for improvement;

Elaborate and submit to the Rules Division, Division of Training and European Integration any recommendations for improvement in the public procurement system and/or law, with

particular emphasis on procurement activities.

DIVISION OF TRAININGS AND EUROPEAN INTEGRATION:

Pursuant to Article 25 of Law no. 04/L-042 on Public Procurement, amended and supplemented by Law no. 04/L-237, Law no. 05/L-068 and the Law no.05/L-092, Training and European Integration Division performs the following functions:

Develops training modules and curricula for procurement qualifications for Basic and Advanced Training (Central and Local


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Level, EO, NGOs) by preparing the catalogue, programs, training

modules, which are approved by the PPRC Board; Drafts a documented list of qualifications for certification as

trainers and as participants in procurement training. The list of qualifications is published on the PPRC web site;

Identifies persons with experience in public procurement suitable for teaching in procurement courses drafted by the PPRC for Basic

and Advanced Training; Ensures that selected trainers are certified training persons and

trained by a training institution that has substantial expertise in the best international procurement practices and in the EU procurement system.

Selects and Renews the List of Trainers every 5 years by the

Commission appointed by the President of the PPRC; Proposes engagement of trainers from the List of Trainers for Basic

and Advanced Training Programs each year at the PPRC Board; In cooperation with KIPA, arranges the development and

maintenance of professional procurement courses with a duration of at least fifteen (15) days for basic training and ten days (10) for

advanced training under the Memorandum of Cooperation between the PPRC and KIPA;

In cooperation with KIPA, is responsible for organizing the exams in support of the Regulation on Testing Procedures in Public Procurement Training Programs;

In cooperation with KIPA, issues "Basic Professional Procurement

Certificate" only to persons who have satisfactorily completed all core courses and are recommended by the Testing Commission;

In cooperation with KIPA, issues "Advanced Professional Certificate of Procurement" only to persons who have completed all advanced courses at a satisfactory level and are recommended by the Testing Commission;

Support KIPA and other public authorities for education and training to implement high-level training for procurement officers and other procurement professionals aiming at the implementation of genuine procurement practices and compliance with the Law;

Is responsible for elaborating training modules on Public Procurement and their update, according to the training needs and

amendments to the Public Procurement Law and secondary legislation;

Conducts periodic analysis of training needs for public procurement officers in Kosovo, economic operators and PPRC staff in order to define their training needs;

Maintains and updates the databases of Contracting Authorities

(CA), Certified Procurement Officers and Certified Public Procurement Managers;


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Strengthens the awareness among contracting authorities and

economic operators of public procurement legislation as well as objectives, procedures and methods.

In addition to legally authorized functions, the Division of Training and European Integration also carries additional functions as follows:

Provides support for the PPRC's participation in the activities of the European integration process and coordinates all necessary activities required by the PPRC;

Monitors and reports on the implementation of the European Commission recommendations regarding public procurement in Kosovo and on the harmonization of relevant legislation with the

EU acquis; Cooperates with MoF and MEI on the National Plan for the

implementation of SAA (NPISAA) and reports on this plan on quarterly basis;

Coordinates IPA assistance and other foreign assistance to PPRC activities and ensures that they relate to the priorities of the PPRC

and the public procurement system of Kosovo;

DIVISION OF INFORMATION TECHNOLOGY:

Pursuant to Article 87 of Law no. 04/L-042 on Public Procurement, amended and supplemented by Law no. 04/L-237, Law no. 05/L-068 and the Law no.05/L-092, the Information Technology Division performs the following functions:

Maintains and is responsible for administering the electronic procurement platform and all necessary hardware and software components;

Is responsible for implementing IT policies, procedures and

regulations for IT security; Administration of the application; Database management; Business continuity planning; Risk

management/action plan; Disaster recovery planning; Backup policy (Backup); Archival policy;

Maintains Electronic Public Procurement Registry as part of the electronic procurement platform, which will serve as an archive for electronic copies of all notices, invitations, declarations, tender dossiers, reports, complaints and decisions archived or issued in

connection with each procurement activity performed or initiated by a contracting authority;


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Supports the development of an electronic system for monitoring

compliance with the PPL by the contracting authorities, including the preparation of reporting forms to be completed by all contracting authorities that are subject to the law;

Supports the development of electronic procurement methods, such as e-procurement, e-auction and dynamic purchasing system, in accordance with the provisions of the PPL;

Supports the introduction and use of electronic signatures by all parties, in accordance with international standards;

In addition to the electronic procurement platform, it also performs other functions:

Provides necessary support to other PPRC IT systems; Ensures the functioning of the PPRC IT systems and the

development, integration, compatibility and security of PPRC's IT infrastructure;

Maintains the PPRC's website, providing the public with unrestricted access to: a) Law and all secondary legislation issued

under the authority of the Law, b) Any interpretation and document, c) All information contained in the Procurement Register Public d) All reports prepared by the Monitoring Division as a result of monitoring procedures.

Provides detailed advice and guidance to all staff using the IT

system regarding IT security provisions. These provisions should

be applied by all staff of the PPRC, who use the IT system; Supports the implementation of the PPRC's Policies and

Procedures of Security. All personnel should be informed about data protection legislation and the above policies and procedures, from the AIS, PPRC and other institutions' data protection legislation and should apply them;

The Assistive Sector responds to technical assistance requests by telephone, and electronically to all Contracting Authorities and Economic Operators, and advises them on the appropriate action to follow standard procedures;

Monitor the problems that may arise to correct the platform and identify situations requiring urgent attention;

Publishes notifications received by the Monitoring Division after the notifications have passed the control procedure from the Monitoring Division. (This provision does not apply to electronic platform users).


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4. SCOPE OF THE INSTITUTION

The PPRC has thirty-nine (39) approved positions. Out of these positions, thirty-six (36) are civil servants, while the actual number of employees in the PPRC is thirty-one (31). Out of the thirty-one (31) employed in the PPRC, twenty-eight (28) are civil servants, while three (3) are Public Officials (two (2) Board members

and PPRC President). Eight (8) positions are still vacant. Office term of the PPRC Board is five (5) years, the President and members of the PPRC Board have been appointed by the decision of the Assembly of the Republic of Kosovo on 03.08.2015.

ORGAIZATIONAL CHART:


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PPRC Board

The PPRC Board is the highest institution for taking collective decisions of the PPRC. The President is always one of the members. The Board is solely entitled to the following rights:

a. Adopt secondary acts and any other amendments;

b. Adopt and submit to the Government and the Assembly an annual work report, no later than the end of March of the next calendar year, which analyses the procurement activities in Kosovo that occur during that calendar year and makes recommendations for improving the system of Public procurement and/or current law;

c. Adopt strategies and other plans of the PPRC;

d. Issue guidelines for handling documents; The PPRC Board is responsible for organizing and managing the work of the respective Divisions and for the implementation of other functions or activities set by the President. The PPRC Board provides technical and administrative support to an effective and efficient

functioning of the Divisions. Members of the PPRC Board are appointed pursuant to Article 89 of the PPL, and can be terminated or suspended only pursuant to Article 93 of the PPL.

Functions of PPRC President

- The President represents, manages and organizes the work of the

PPRC and has overall responsibility for the performance of daily work;

- Responsibility to carry out the functions and activities of the PPRC that are not designated or included in any Division, falls on the President;

- The President has the authority to appoint any member of the staff

to organize and manage the work of the PPRC in certain areas, in particular specific functions or activities that are not included in the functions or activities of the PPRC Divisions. The President shall inform the members of the Board of any such designation. A

copy of the delegated responsibility document will be transferred to the Personnel Manager, who will take care of the file and

incorporate such delegated responsibilities from time to time. The President may change these responsibilities as he or she deems it necessary;

- The President shall convene PPRC Board meetings when and as he/she considers necessary or when requested by two other members of the PPRC;

- The President shall chair the meetings of the PPRC Board. In exceptional cases when it is necessary for the PPRC to have a


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meeting in the absence of the President, the President shall

authorize one of members of the PPRC Board to chair the meeting; - Approves the list of jobs; - Approves job descriptions; - Defines duties of the PPRC officers; - Dismisses employees; - Is responsible for the financial management of the PPRC;

- Appoints another member to introduce, manage, and organize the work of the PPRC in the absence of the President e.g.: to act as President. This person may change in each absence of the President;

- Provide guidance by ensuring the circulation of documents within the PPRC;

- Concludes and signs the agreements and contracts necessary to carry out the functions of the PPRC;

- Signs the documents on behalf of the PPRC, signs all decisions reached by the Board. No official document, which has not been signed by the President, shall be issued by the PPRC, except for electronic communications;

- Ensures that the Financial Procedures Rules of the Ministry of Finance (MoF) have been implemented by each PPRC employee in their functional areas;

- Monitors and controls the expenditures of the PPRC; - Ensures that all employees who are in charge of financial

management are properly advised;

- Ensures that there is a clear division of tasks between finance administration and adequate control.

Functions of a Board member

- A member of the Board takes over the responsibility of the Division

in all areas of its functioning, including, inter alia, organizational matters, work and work products;

- Proposes job descriptions for the Head of Division; - Assigns duties to the Head of Division;

- Signs the documents issued by the Division. No official document, which is not signed by a member of the Board, shall be issued by

the Division, other than electronic communications.


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5. PUBLIC PROCUREMENT ACTIVITIES IN KOSOVO DURING 2017

Each calendar year, the Public Procurement Regulatory Commission (PPRC) must prepare and submit to the Government and Assembly an annual report analysing public procurement activities in

Kosovo for that calendar year. During 2017, 163 contracting authorities which conducted procurement procedures were registered in Kosovo, while for 16 contracting authorities these procedures were carried out by the Central Procurement Agency. The Division has received and checked the annual reports on Signed Public Contracts, which were sent electronically by the

contracting authorities during January 2018. Based on the reports sent by the contracting authorities, it is seen that during 2017 throughout Kosovo, 10214 public contracts were signed under the Law on Public procurement of Kosovo, including all types of contract values. Following the report, we will present the public procurements in

Kosovo according to the contracts signed in 2017. Based on the previous years’ reports, prepared by the PPRC according to the requirements of the PPL, the following report presents procurement activities, namely all contracts signed by the contracting authorities, making an analysis of the contracts signed by the sources of funding, the type of contracting

authorities, the type of contracts, the value of the contracts, the

procedures used, the annex contracts, the economic operators rewarded with Contract, deadlines for publication and award criteria for contract. Thus, the ongoing report reflects all the public procurement activities conducted during 2017 in Kosovo, analysing them and comparing them with the previous years, whereby we will see the trend of development of Public Procurement in Kosovo.


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5.1. NUMBER OF CONTRACTS SIGNED DURING 2017

Table 1

Pursuant to the Law on Public Procurement in Kosovo, contracting

authorities are obliged to submit all signed contracts, including those

with minimal value.

WE will start the analysis of signed contracts by disaggregation of contracting authorities by budget organization - Government organizations, Public Enterprises and Others-NGOs. Based on this disaggregation, Table no. 1 and in Chart no. 1 will indicate the number of contracts signed during the last four years by the contracting authorities

concerned.

1 The number of contracts signed indicates also 243 annex contracts.

NUMBER OF SIGNED CONTRACTS

Contracting authorities: Year 2014 Year 2015 Year 2016 Year 20171

Governmental 9053 8676 8194 7452

Public enterprises 2295 2194 1806 2751

Others/NGOs 14 25 15 11

Total:

11362

10895 10015 10214


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Chart 1

5.2. VALUE OF CONTRACTS SIGNED DURING 2017

Table 2

2 In the value of signed contracts is included the value of annex contracts in the amount of 3,948,573.87€ 3 Contract: Motorway Prishtina - Hani i Elezit, Route 6, part envisaged by the Ministry of Infrastructure is 55,468,528.85€ for 2014, 114,577,050.00€ for 2015, 155,978,020.17€ for 2016, and 181,508,615.54€ for 2017.

0

1000

2000

3000

4000

5000

6000

7000

8000

9000

10000

Qeveritare Kompani publike Tjera

9053

2295

14

8676

2194

25

8194

1806

14

7452

2751

11

Number of contracts signed during 2014, 2015, 2016 and 2017

Nr i kontratave 2014 Nr i kontratave 2015 Nr i kontratave 2016 Nr i kontratave 2017

VALUE OF SIGNED CONTRACTS (€)

Contracting authorities:

Value of

contracts 2014

Value of

contracts 2015

Value of

contracts 2016

Value of

contracts 20172

Governmental

259,686,575.89 250,256,843.43 359,747,327.33 354,478,891.29

Public enterprises

129,579,279.93 149,816,528.31 62,063,637.36 103,084,640.60

Others/NGOs

472,102.78 1,770,253.36 2,763,414.33 2,226,414.05

Total:

389,737,958.60 401,843,625.10 424,574,379.02 459,789,945.94

Motorway3: 55,468,528.85 114,577,050.00 155,978,020.17 181,508,615.54


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Based on the classification of the contracting authorities, Table No.

2 and Chart No. 3 indicate the value of signed contracts during the last four years.

Chart 3

Chart No. 4 indicates the structure, or share of the value of contracts signed during 2017. Budgetary – Government organizations participate with 77.10%, Public Enterprises with 22.42%, while other authorities – NGOs with only 0.48% in the total value of the signed contracts.

-

50,000,000.00

100,000,000.00

150,000,000.00

200,000,000.00

250,000,000.00

300,000,000.00

350,000,000.00

400,000,000.00


259,686,575.89

129,579,279.93

472,102.78

250,256,843.43

149,816,528.31

1,770,253.36

359,747,327.33

62,063,637.362,763,414.33

354,478,891.29

103,084,640.60

2,226,414.05

Number of contracts signed during 2014, 2015, 2016 and 2017

Vlera e kontrat. 2014 Vlera e kontrat. 2015 Vlera e kontrat. 2016 Vlera e kontrat. 2017


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Chart 4

TOTAL NUMBER AND DIFFERENT TYPES OF CONTRACTING

AUTHORITIES

Table 2.1

Governmental77.10%

Public Enterprises22.42%

Other0.48%

Structure of the value of signed contracts during 2017 according to the type of procurement value


CONTRACTING AUTHORITIES NO

1 National level 60

2 Local level 74

3 Central Public Enterprises 16

4 Local Public Enterprises 10

5 Socially Owned Enterprises 2

6 Other/NGOs 1

Total: 163


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SHARE OF VALUE OF SIGNED CONTRACTS TO GROSS DOMESTIC

PRODUCT (GDP4=6,252,203,000.00) DURING 2017

Chart 4.a

4 Source: Ministry of European Integration

Share of Public

Procurement to

GDP

7.35%

SHARE OF VALUE OF SIGNED CONTRACTS TO GROSS DOMESTIC PRODUCT DURING 2017


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Chart 4.b

TOTAL VALUE AND FINANCIAL VALUE OF ANNUAL CONTRACTS

THROUGH PROCUREMENT PROCEDURES OVER THE EU FINANCIAL

THRESHOLDS

Table 2a

Share of Public

Procurements to

GDP

10.26%

Share of value of signed contracts (including the portion of the motorway foreseen for 2017, in the amount of

181,508,615.54 ) to Gross Domestic Product

TOTAL VALUE AND FINANCIAL VALUE OF ANNUAL CONTRACTS THROUGH

PROCUREMENT PROCEDURES OVER THE EU’S FINANCIAL THRESHOLDS

Type of contract: Contract value: Contract number:

Supplies: (Over 144.000,00) 112,878,664.72 143

Services: (Over 144.000,00) 33,127,486.03 67

Design contest: (Over 144.000,00) 248,000.00 1

Works: (Over 5 548.000,00) 29,678,638.81 2

Total: 175,932,789.56 213


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5.3. VALUE OF SIGNED CONTRACTS DURING 2017 BY SOURCE OF

FINANCING

Table 3

Table no. 3 and Chart no. 4 indicate the value of signed contracts based on the source of financing. From Own Source Revenues, the value of contracts signed during 2017 amounted to 97,873,515.49 €. From the Kosovo Consolidated Budget, the value of signed contracts amounted to

351,580,882.16€, while from the Donations the value of signed contracts amounted to 10,335,548.29€.

Chart 4

5 Own Source Revenues represent the revenues of Public Enterprises.

0.00

50,000,000.00

100,000,000.00

150,000,000.00

200,000,000.00

250,000,000.00

300,000,000.00

350,000,000.00

400,000,000.00

Të Hyrat vetanake Bugjeti i Kons.iKosovës

Donacione

129,808,495.46

258,872,264.05

1,057,198.09

147,482,211.85

251,046,795.73

3,314,617.52

60,066,595.11

352,092,401.45

12,415,382.46

97,873,515.49

351,580,882.16

10,335,548.29

Value of signed contracts during 2014 ,2015 , 2016 and 2017 by sources of financing

Vlera e kontratave 2014 Vlera e kontratave 2015 Vlera e kontratave 2016 Vlera e kontratave 2017

VALUE OF SIGNED CONTRACTS BY SOURCE OF FINANCING (€)

Sources of financing:

Value of contracts 2014




Own source revenues5 129,808,495.46 147,482,211.85 60,066,595.11 97,873,515.49

Kosovo Consolidated Budget 258,872,264.05 251,046,795.73 352,092,401.45 351,580,882.16

Donations 1,057,198.09 3,314,617.52 12,415,382.46 10,335,548.29

Total: 389,737,957.60 401,843,625.10 424,574,379.02 459,789,945.94

Motorway: 55,468,528.85 114,577,050.00 155,978,020.17 181,508,615.54


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The structure of the value of contracts signed by sources of funding

is indicated in Chart No.5 where the share from Own Source Revenues of enterprises is 21.28%, of Kosovo Consolidated Budget is 76.47 %, and Donations is 2.25%.

Chart 5

5.4. VALUE OF SIGNED CONTRACTS DURING 2017 BY TYPE OF

PROCUREMENT

Table 4

6 The value of service contracts indicates also the consultancy services.

Own Source Revenues

21.28%

Kosovo Consolidated

Budget76.47%

Donations2.25%

Share of value of signed contracts during 2017 by sources of financing

Të Hyrat vetanake Bugjeti i Kons.i Kosovës Donacione

VALUE OF SIGNED CONTRACTS BY TYPE OF PROCUREMENT (€)

Type of Procurement:





Supplies 178,156,399.66 189,591,969.47 190,926,041.02 159,713,785.04

Services6 52,011,485.30 57,189,990.33 58,915,351.43 55,688,897.04

Design contest 234,327.18 551,566.50 512,710.03 886,142.00

Works 159,335,745.46 154,510,098.80 174,220,276.54 243,501,121.86

Total: 389,737,957.60 401,843,625.10 424,574,379.02 459,789,945.94

Motorway: 55,468,528.85 114,577,050.00 155,978,020.17 181,508,615.54


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Based on the type of procurement, pursuant to subject matter of contracts, in Table no. 4 and Chart no. 6, the value of signed contracts for supplies during 2017 amounts to 159,713,785.04 €. The value of contracts signed for services is 55,688,897.04 €, and the value of contracts signed for the design contest is 886,142.00€. While the value of contracts signed for works amounts to

243,501,121.86€, if we add this value to the value projected for Prishtina-Hani i Elezit motorway in 2017, it exceeds181,508,615.54€, the value of work contracts in 2017 amounts to 425,009,737.40€.

Chart 6

Chart 7 indicates the structure, or the share of signed contracts, by value, to the total contracts signed during 2017.

0.00

50,000,000.00

100,000,000.00

150,000,000.00

200,000,000.00

250,000,000.00

Furnizim Shërbime Konkurs iprojektimit

Punë

178,156,399.66

52,011,485.30

234,327.18

159,335,745.46

189,591,969.47

57,189,990.33551,566.50

154,510,098.80

190,926,041.02

58,915,351.43

512,710.03

174,220,276.54159,713,785.04

55,688,897.04

886,142.00

243,501,121.86

Value of contracts signed during 2014,2015, 2016 and 2017 according to the type of procurement

Vlera e prokurimeve 2014 Vlera e prokurimeve 2015 Vlera e prokurimeve 2016 Vlera e prokurimeve 2017


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Chart 7

The share of supply contracts is 44.97%, of Service contracts is

12.11%, Design Contest contracts 0.19%, and of contracts for works is 52.96%.

While Chart no.8 indicates the structure, or the share of signed contracts, by value, to the total of contracts signed during 2017, where if we add the value of the Motorway Prishtina - Hani i Elezit projected for 2017, which amounts to 181,508,615.54€, to the value of works

contracts, than the value of work contracts during 2017 amounts to 425,009,737.40 € or 66.28% of the total value of signed contracts. The share of Supply contracts is 24.90%, of Service contracts 8.68%, and design contest contracts 0.14%.

Supply34.74%

Sercices12.11%

Design contest0.19%

Works52.96%

Structure of value of signed contracts during 2017 by type of procurement

Furnizim Shërbime Konkurs i projektimit Punë


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Chart 8

5.5 SIGNED CONTRACTS DURING 2017 BY PROCUREMENT VALUE

Table 5

Signed contracts, disaggregated by type of value of contracts, Table 5 and Chart 9 indicate that, by high value, the value of contracts signed during 2017 amounts to 275,854,900.58 €.

Supply24.90%

Services8.68%Design contest

0.14%

Works+Motorway66.28%

Structure of value of signed contracts during 2017 by type of procurement, (to the value of works contracts is added the value of motorway Prishtina-

Hani i Elezit, Route 6, projected for 2017, in the amount of 181,508,615.54€)

Furnizim Shërbime Konkurs i projektimit Punë

VALUE OF SIGNED CONTRACTS BY PROCUREMENT VALUE (€)

Type of the procurement value:





High value 246,119,956.60 227,200,294.38 260,921,281.88 275,854,900.58

Medium value 119,138,144.07 151,551,828.89 150,795,136.06 170,092,960.74

Low value 22,190,827.65 20,875,077.21 10,214,128.42 11,003,741.55

Minimum value 2,289,029.28 2,216,424.62 2,643,832.66 2,838,343.07

Total : 389,737,957.60 401,843,625.10 424,574,379.02 459,789,945.94

Motorway: 55,468,528.85 114,577,050.00 155,978,020.17 181,508,615.54


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Chart 9

Signed contracts of medium value amount to 170,092,960.74 €, the value of signed contracts of low value is 11,003,741.55 €, and the

value of signed contracts of minimum value is 2,838,343.07 €.

0.00

50,000,000.00

100,000,000.00

150,000,000.00

200,000,000.00

250,000,000.00

300,000,000.00

Vlerë e madhe Vlerë e mesme Vlerë e vogël Vlerë minimale

246,119,956.60

119,138,144.07

22,190,827.65

2,289,029.28

227,200,294.38

151,551,828.89

20,875,077.21

2,216,424.62

260,921,281.88

150,795,136.06

10,214,128.42 2,643,832.66

275,854,900.58

170,092,960.74

11,003,741.55

2,838,343.07

Value of signed contracts during 2014, 2015, 2016 and 2017 by procurement value

Vlera e prokurimeve 2014 Vlera e prokurimeve 2015 Vlera e prokurimeve 2016 Vlera e prokurimeve 2017


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Chart 10

Based on Chart no.10, it is noted that the share of contracts of high value to the total value of signed contracts during 2017, is 60.00%. The share of contracts of medium value to the total value of signed contracts is 36.99%. The share of contracts of low value to the total value of signed contracts is 2.39%, whereas the share of contracts of minimum

value to the total value of signed contracts is 0.62%.

High value60.00%

Medium value36.99%

Low value2.39%

Minimum value0.62%

Structure of signed contracts during 2017 by procurement value

Vlerë e madhe Vlerë e mesme Vlerë e vogël Vlerë minimale


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5.6 VALUE OF SIGNED CONTRACTS DURING 2017 BY

PROCUREMENT PROCEDURES

Table 6

The analysis of signed contracts, disaggregated by type of procedures, outlined in Table no. 6 and Chart no.11, indicates that the value of signed contracts by open procedure during 2017 is 400,232,896.14€., and by restricted procedure during 2017 is

3,443,042.82€. The value of signed contracts by design contest procedure during

2017 is 713,569.56€, while the value of signed contracts by negotiated procedure after publication during 2017 is 0.00€, whereas by negotiated procedure without publication is 42,164,760.65€, and the value of

signed contracts by price quotation procedure during 2017 is

10,398,760.65€, whereas, the value of signed contracts by minimum value procedure, during 2017, is 2,836,973.16.

VALUE OF SIGNED CONTRACTS BY PROCUREMENT PROCEDURES (€)

Type of procedure: Value of

contracts 2014 Value of



contracts 2017

Open procedure 282,717,895.34 306,798,669.51 357,489,373.44 400,232,896.14

Restricted procedure 281,264.21 7,438,530.35 2,210,137.48 3,443,042.82

Design contest 47,883.00 551,566.50 296,373.45 713,569.56

Negotiated procedures without publication 31,924,923.00 40,169.82 185,010.34 0.00

Negotiated procedures after the publication 50,591,999.50 64,695,068.08 51,458,447.72 42,164,760.65

Price quotation 21,888,064.14 20,108,584.47 10,149,794.32 10,398,703.61

Minimum value procedures 2,285,928.41 2,211,036.37 2,785,242.27 2,836,973.16

Total: 389,737,957.60 401,843,625.10 424,574,379.02 459,789,945.94

Motorway: 55,468,528.85 114,577,050.00 155,978,020.17 181,508,615.54


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Chart 11

Chart 12

Procedura ehapur

Procedura ekufizuar

Konkursprojektimi

E negociuarpas publikimittë njoftimit të

kontratës

E negociuarpa publikim

të njoftimit tëkontratës

Kuotimi içmimeve

Procedurëpër vlerëminimale

Viti 2014 282,717,895.3 281,264.21 47,883.00 31,924,923.00 50,591,999.50 21,888,064.14 2,285,928.41

Viti 2015 306,798,669.5 7,438,530.35 551,566.50 40,169.82 64,695,068.08 20,108,584.47 2,211,036.37

Viti 2016 357,489,373.4 2,210,137.48 296,373.45 185,010.34 51,458,447.72 10,149,794.32 2,785,242.27

Viti 2017 400,232,896.1 3,443,042.82 713,569.56 0.00 42,164,760.65 10,398,703.61 2,836,973.16

0.00

50,000,000.00

100,000,000.00

150,000,000.00

200,000,000.00

250,000,000.00

300,000,000.00

350,000,000.00

400,000,000.00

450,000,000.00

Value of signed contracts by procurement procedures during 2014, 2015, 2016 and 2017

Open procedure87.05%

Restricted0.75%

Design contest0.16%

Negotiated procedure after

publication 0.00%

Negotiated procedure without

publication9.17%

Price quotation2.26%

Minimum value procedure

0.62%

Total: Share of value of signed contracts during 2017 by procurement procedures


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Analysis of the structure, or the share of the procedures applied

during 2017, in Chart no. 12, indicates that the share of open procedure to the total value of signed contracts is 87.05%, which is the most widely used procedure and is known as the most transparent procedure. Also the share of the negotiated procedure after publication is

0.00%, and the share of the negotiated procedure without publication during 2017 is 9.17%.

The share of procedure by price quotation is 2.26% and by minimum value is 0.62%, by restricted procedure is 0.75%, whereas by design contests is only 0.16% to value of the total contracts signed during 2017.

Chart 13

Chart no.13 indicates the use of procurement procedures from budget or government organizations. While Chart no.14 indicates the use of public procurement procedures from Public Enterprises, and Chart no.15 indicates the use of procurement procedures from other organizations - NGOs.


Restricted

0.49%Design contest

0.20%


publication

0.00%


publication

5.89%

Price quotation

procedure

2.25%

Minimum value

procedure

0.56%

Governmental: Share of value of signed contracts during 2017 by procurement procedures


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Chart 14

Chart 15


Restricted

1.66%Design contest

0.00%


publication

0.00%


publication20.65%

Price quotation

procedure

2.36%

Minimum value

procedure

0.83%

Public Enterprises: Share of value of signed contracts during 2017 by procuement procedures

Proc. e hapur99.91%

Restricted

0.00%Design contest

0.00%


publication

0.00%


publication

0.00%

Price quotation

procedure

0.09%

Minimum value

procedure

0.00%

Other/NGOs: Share of value of signed contracts during 2017 by procurement procedures


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5.7 SIGNED CONTRACTS AND ANNEX CONTRACTS DURING 2017

Table 8

Chart 16

As it can be noted in the above Table no.8 and Chart no.16 the value of signed contracts during 2017 is 455,841,372.07€, or 99.14% of

the value of total signed contracts, which is 459,789,945.94€, while the value of annex contracts amounts to 3,948,573.87€, or 0.86% of the value of total signed contracts, which is 459,789,945.94€.

Contracts99.14%

Annex contracts0.86%

Structure of signed contracts and annex contracts during 2017

VALUE OF SIGNED CONTRACTS AND ANNEX CONTRACTS DURING 2015, 2016 AND 2017 (€ )

Contracts: Value 2015(€)

Share 2015 %

Value 2016(€)

Share 2016 %

Value 2017(€)

Share 2017 %

Signed contracts 398,537,655.06 99.18 422,634,100.19 99.54 455,841,372.07 99.14

Annex contracts 3,305,970.04 0.82 1,940,278.83 0.46 3,948,573.87 0.86

Total: 401,843,625.10 100.00 424,574,379.02 100.00 459,789,945.94 100.00


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5.8 VALUE OF SIGNED CONTRACTS BY LOCAL AND FOREIGN

ECONOMIC OPERATORS

From the analysis of the value of signed contracts in 2017, disaggregated by contract award to Local economic operators, the share of the value of total signed contracts is 90.25%, the share of contracts awarded to Local & Foreign economic operators to the value of total

signed contracts is 0.94%, whereas, the share of contracts awarded to

Foreign (outside EU) economic operators is 0.98%. While the share of contracts awarded to Foreign (EU) economic operators to the value of total signed contracts is 7.83%.

STRUCTURE OF THE VALUE OF SIGNED CONTRACTS DURING 2017 BY LOCAL AND FOREIGN ECONOMIC OPERATORS

NUMBER/PERCENTAGE AND THE VALUE OF TOTAL CONTRACTS AWARDED TO EU COMPANIES.

Table 8a

STRUCTURE OF VALUE OF SIGNED CONTRACTS DURING 2017 BY LOCAL AND FOREIGN

ECONOMIC OPERATORS

Economic Operators:

Number of contracts: Value of contracts: Share in %

EO: Local 10080 414,977,531.77 90.25

EO: Local & Foreign 12 4,322,906.61 0.94

EO: Foreign (Outside EU) 77 4,484,950.98 0.98

EO: Foreign (EU) 45 36,004,556.58 7.83

Total : 10214 459,789,945.94 100.00


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Chart 17

5.9 VALUE OF SIGNED CONTRACTS BY TIME LIMITS FOR

PUBLICATION DURING 2017

Table 10

Economic Operators: Local

90.25%

Economic Operators: Local &

Foreign 0.94%

Operatoret ekonomik: Jo

Vendor (Jasht BE)0.98%

Operatoret ekonomik: Jo Vendor (BE)

7.83%

Structure of value of signed contracts during 2017 by Local-Foreign Economic Operators

Operatoret ekonomik: Vendor Operatoret ekonomik: Vendor & Jo Vendor

Operatoret ekonomik: Jo Vendor (Jasht BE) Operatoret ekonomik: Jo Vendor (BE)

VALUE OF SIGNED CONTRACTS BY TIME LIMITS FOR PUBLICATION DURING 2015, 2016 AND

2017 (€)

Time limits of publication:

Value of contracts

2015

Share %

Value of contracts

2016

Share

%

Value of contracts

2017

Share

%

Normal Time limits

380,122,997.17 94.59

387,080,729.95 91.17

437,188,568.83 95.08

Shorten Time limits 21,720,627.93 5.41 37,493,649.07

8.83 22,601,377.11

4.92

Total : 401,843,625.10 100.00

424,574,379.02 100.00

459,789,945.94 100.00


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The data in table no. 10, the value of contracts signed by contracting authorities within normal publication time limits is 437,188,568.83€ or the share of 95.08% to the total value of signed contracts during 2017. The value of signed contracts published in shortened time limits amounts to 22,601,377.11€, respectively with a

share of 4.92 % to the total number of contracts signed during 2017. 5.10 VALUE OF SIGNED CONTRACTS BY AWARD CRITERIA DURING

2017

Table 11

As can be noted in table no. 11 the value of contracts signed by the contracting authorities, disaggregated by lowest price contract award, is

451,362,240.52 €, or a share of 98.17% to the total value of the contracts signed during 2017, whereas, the value of the contracts signed by Most economically advantageous price criteria amounts to 8,427,705.42€, or a share of 1.83% to the total number of contracts

signed during 2017, always based on the CAs reports.

VALUE OF SIGNED CONTRACTS BY AWARD CRITERIA DURING 2015, 2016 AND 2017 (€)

Award criteria:

Value of contracts

2015 Share

(%)

Value of contracts

2016 Share

(%)

Value of contracts

2017 Share (%)

Lowest price

400,918,706.

40 99.77

421,923,281.41 99.38

451,362,240.52 98.17

Most economically advantageous price 924,918.70

0.23 2,651,097.61 0.62 8,427,705.42

1.83

Total :

401,843,625.

10 100.00 424,574,379.02 100.00 459,789,945.94 100.00


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5.11 AVERAGE NUMBER OF BIDDERS BIDDING IN A TENDER

DURING 2017

Chart no. 18 indicates the average number of bidders bidding in a tender or procurement in Kosovo during the period 2008-2017. The

average over these years shows 5.4 economic operator submitted

their bids in a tender7.

Chart 18

NUMBER OF PROCEDURES WITH ONE BIDDER:

Number of procedures with one bidder in 2017 is 7448.

7 For high and medium values. 8 For high and medium values.

5.6 5.0

5.9 5.1

5.8 5.2

6.1 5.8 5.4

4.17

1.0

2.0

3.0

4.0

5.0

6.0

7.0

8.0

9.0

10.0

Average number of bidders bidding in a tender during 2008-2017


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5.12 VALUE OF CONTRACTS SIGNED BETWEEN 2010-2017

Chart 19

Chart no. 19 indicates the value of contracts signed between 2010-2017, and includes also the value of contracts for Motorway Morin -Merdar, and Motorway Prishtina- Hani i Elezit.

5.13 NUMBER AND VALUE OF SIGNED CONTRACTS IN KOSOVO

BY CONTRACTING AUTHORITIES IN 2017

NO

CONTRACTING AUTHORITIES

NO. OF CONTRACTS

VALUE OF

CONTRACTS (€)

SHARE

(%)

1 Tax Administration of Kosovo 47 955,983.11 0.21

2 Agency for the Management of Memorial Complexes of Kosovo

27 4,495,562.29

0.98

3 Kosovo Agency for Statistics 9 42,194.28 0.01

4 Kosovo Intelligence Agency 3 20,297.25 0.00

5 Kosovo Medicines Agency 16 163,389.79 0.04

6 Air Navigation Service Agency 44 310,167.09 0.07

7 Food and Veterinary Agency 31 5,234,806.87 1.14

8 Kosovo Cadastral Agency 13 206,625.92 0.04

588,952,144.48788,316,767.72

743,242,634.22654,731,081.02

445,206,486.45516,420,675.10

641,298,561.48580,552,399.19

0.00

100,000,000.00

200,000,000.00

300,000,000.00

400,000,000.00

500,000,000.00

600,000,000.00

700,000,000.00

800,000,000.00

900,000,000.00

Viti 2010 Viti 2011 Viti 2012 Viti 2013 Viti 2014 Viti 2015 Viti 2016 Viti 2017

VALUE OF CONTRACTS SIGNED FROM 2010-2017


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9 Privatisation Agency of Kosovo 46 1,409,539.90 0.31

10 KOSOVO PROPERTY COMPARISON AND VERIFICATION AGENCY

50 224,272.03

0.05

11 Kosovo Forestry Agency 17 597,809.99 0.13

12 Central Procurement Agency (Procurements for AK9) 83 1,282,334.29 0.28

13 Central Procurement Agency 19 22,514,664.81 4.90

14 State Agency of Kosovo Archives 26 60,356.83 0.01

15 Kosovo Academy for Public Safety 36 587,729.78 0.13

16 Kosovo Academy of Science and Arts 31 51,590.53 0.01

17 National Library of Kosovo 84 143,321.43 0.03

18 Community Development Initiatives 11 2,226,414.05 0.48

19 Kosovo Customs 45 2,192,056.82 0.48

20 Court of Appeals of the Republic of Kosovo 10 32,644.09 0.01

21 Constitutional Court of the republic of Kosovo 26 469,909.94 0.10

22 Supreme court of the republic of Kosovo 13 149,653.18 0.03

23 Basic Court – Mitrovica 12 90,234.10 0.02

24 Basic Court Feriza 5 22,118.60 0.00

25 Basic Court Gjakovë 14 35,583.41 0.01

26 Basic Court – Gjilan 7 19,866.19 0.00

27 Basic Court in Prizren 8 29,396.34 0.01

28 Basic Court Pejë 10 41,600.05 0.01

29 Basic Court –Prishtinë 11 9,970.18 0.00

30 Hortikultura J.S.C. – Prishtina 16 60,771.07 0.01

31 Infrakos J.S.C. 49 137,890.13 0.03

32 Police Inspectorate of Kosovo 11 55,043.86 0.01

33 Ombudsperson Institution 31 86,723.12 0.02

34 Kosovo National Institute for Public Health 39 285,740.68 0.06

35 Kosovo National Institute for Public Health – Ferizaj branch 5 11,430.00 0.00

36 Kosovo Prosecutorial Council 26 209,296.33 0.05

37 Independent Commission for Mines and Minerals 38 300,386.27 0.07

38 KOSOVO LANDFILL MANAGEMENT COMPANY 24 1,394,605.93 0.30

39 Municipality of Junik 34 756,785.15 0.16

40 Municipality of Kline 115 3,945,204.03 0.86

41 Municipality of Zubin Potok 33 1,381,146.45 0.30

42 Municipality of Dragash 156 3,205,537.75 0.70

43 Municipality of Deçan 69 1,157,749.16 0.25

44 Municipality of Drenas 170 5,295,363.12 1.15

45 Municipality of Fushë Kosovo 106 3,096,296.54 0.67

46 Municipality of Gjakova 119 5,361,958.09 1.17

47 Municipality of Gjilan 66 6,995,357.49 1.52

48 Municipality of Graqanica 65 1,350,453.94 0.29

49 Municipality of Istog 178 4,444,143.02 0.97

50 Municipality of Kamenica 65 1,111,531.66 0.24

51 Municipality of Lypjan 198 5,641,139.33 1.23

52 Municipality of Mamusha 56 657,084.36 0.14

9 The Contracting Authorities for which CPA has conducted procurements: 1. Kosovo Council for Cultural Heritage; 2. Civil Aviation Authority;

3. Railway Regulatory Authority; 4. Regulatory Authority for Electronic and Postal Communications; 5. Academy of Justice; 6. Kosovo Pension Savings Trust; 7. Procurement Review Body; 8. Regulatory Authority for Water Services; 9. Energy Regulatory Office; 10.Agency for State Data

Protection; 11. Independent Oversight Board for Civil Service; 12. Independent Media Commission; 13. Public Procurement Regulatory

Commission; 14. Anti-Corruption Agency; 15. Agency for Free Legal Aid; 16. Competition Authority


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53 Municipality of Novobërda 33 519,604.43 0.11

54 Municipality of Obiliq 59 1,592,231.43 0.35

55 Municipality of Peja 145 12,391,867.79 2.70

56 Municipality of Podujeva 218 11,976,435.63 2.60

57 Municipality of Prishtina 183 13,456,708.00 2.93

58 Municipality of Prizren 352 21,723,773.02 4.72

59 Municipality of Rahovec 78 3,369,752.80 0.73

60 Municipality of Viti 86 6,514,802.16 1.42

61 Municipality of Ferizaj 215 19,272,583.98 4.19

62 Municipality of Hani i Elezit 54 944,265.82 0.21

63 Municipality of Kaqanik 118 2,721,869.21 0.59

64 Municipality of Kllokot 15 286,161.95 0.06

65 Municipality of Leposavic 86 517,619.16 0.11

66 Municipality of Malisheva 237 5,087,481.96 1.11

67 Municipality of Mitrovica North 122 2,975,296.63 0.65

68 Municipality of Partesh 11 146,128.15 0.03

69 Municipality of Ranilug 38 487,511.23 0.11

70 Municipality of Shtërpc 30 610,238.37 0.13

71 Municipality of Shtime 111 3,759,836.25 0.82

72 Municipality of Skenderaj 50 4,766,371.08 1.04

73 Municipality of Suhareka 182 5,608,658.41 1.22

74 Municipality of Vushtrri 202 6,156,222.63 1.34

75 Municipality of Zvecan 56 1,890,582.05 0.41

76 Municipality of Mitrovica 48 3,863,315.87 0.84

77 Kosovo Energy Corporation 576 69,359,172.67 15.08

78 KOSTT 180 2,190,959.38 0.48

79 KRM Çabrati J.S.C. Gjakova 28 65,381.97 0.01

80 KRM EKOREGJIONI J.S.C. –PRIZREN 50 740,683.96 0.16

81 KRM PASTËRTIA J.S.C. FERIZAJ 17 367,615.95 0.08

82 KRM Pastrimi Prishtina 94 328,358.32 0.07

83 KRM Uniteti J.S.C. – Mitrovica 7 19,025.08 0.00

84 KRU “BIFURKACIONI” J.S.C. - FERIZAJ 14 143,823.61 0.03

85 KRU Ambienti Peja 17 301,606.89 0.07

86 KRU Drini i Bardhë- Peja 1 152,089.57 0.03

87 KRU HIDRODRINI J.S.C. 28 1,079,191.56 0.23

88 KRU Hidromorava J.S.C. Gjilan 106 696,851.77 0.15

89 KRU Hidroregjioni Jugor sh.a Prizren 38 761,903.80 0.17

90 KRU Radoniqi&Dukagjini sha 31 55,532.14 0.01

91 KRU Radoniqi sha –Gjakova 75 1,858,176.82 0.40

92 KUR Mitrovica J.S.C. 20 54,767.56 0.01

93 KUR Prishtina J.S.C. 57 1,830,708.86 0.40

94 Assembly of the Republic of Kosovo 38 1,098,924.54 0.24

95 Ministry of Regional Development 2 1,162.00 0.00

96 Ministry of Public Administration 110 23,676,162.36 5.15

97 Ministry of Local Government Administration 16 124,638.67 0.03

98 Ministry of Education, Science and Technology 51 13,029,939.85 2.83

99 Ministry of Agriculture, Forestry and Rural Development 43 5,355,605.07 1.16

100 Ministry of Diaspora 30 57,268.56 0.01

101 Ministry of Justice 20 229,020.81 0.05


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102 Ministry of Finance 42 1,693,263.33 0.37

103 Ministry of Infrastructure 58 22,517,000.88 4.90

104 Ministry of European Integration 32 63,738.95 0.01

105 Ministry of Culture, Youth and Sport 54 3,373,661.40 0.73

106 Ministry of Environment and Spatial Planning 74 1,609,980.00 0.35

107 Ministry of Labour and Social Welfare 38 758,828.28 0.17

108 Ministry of Internal Afairs 41 3,110,621.94 0.68

109 Ministry of Foreign Affairs 23 403,399.29 0.09

110 Ministry of Health 38 14,867,242.18 3.23

111 Ministry of Trade and Industry 57 662,317.73 0.14

112 Ministry for the Kosovo Security Force 74 4,540,423.18 0.99

113 Ministry for Communities and Returns 21 8,000,504.12 1.74

114 Ministry of Economic Development 33 1,125,739.18 0.24

115 Public Housing Enterprise J.S.C. 42 294,745.20 0.06

116 HE Ibër Lepenc J.S.C. 45 286,857.34 0.06

117 PE NGROHTORJA E QYTETIT GJAKOVA 11 7,105.81 0.00

118 PE TERMOKOS J.S.C. 44 339,349.44 0.07

119 LPE BUS STATION J.S.C. - PRISHTINË 20 124,038.02 0.03

120 PE Gjakova Airport J.S.C. 31 54,326.26 0.01

121 Election Complaints and Appeals Panel 5 11,544.00 0.00

122 Kosovo Police 144 9,600,939.37 2.09

123 Post of Kosovo J.S.C. 56 711,437.55 0.15

124 URGENT MEDICAL CENTER 15 30,634.64 0.01

125 Center of Mental Health and SHIB-Mitrovica 33 83,211.73 0.02

126 Center of Mental Health Gjakova 15 151,551.02 0.03

127 Center of Mental Health and ShIB Prizren 27 51,200.32 0.01

128 STUDENTS’ CENTER 41 743,848.55 0.16

129 University Dentistry Clinical Center of Kosovo 52 242,890.19 0.05

130 University Clinical Center of Kosovo 131 1,434,941.97 0.31

131 National Blood Transfusion Centre of Kosovo 23 171,399.95 0.04

132 Kosovo National Occupational Health Center -GJAKOVE 23 145,929.69 0.03

133 Main Family Medical Care Centre - Prishtinë 38 73,828.40 0.02

134 Radio Television of Kosovo 84 2,097,885.41 0.46

135 Secretariat of the Kosovo Judical Council 31 1,182,133.82 0.26

136 SECRETARIAT OF CENTRAL ELECTION COMMISSION 94 2,569,718.82 0.56

137 Mental Health Professional Services - Peja 34 127,595.65 0.03

138 Mental Health Service - GJILAN 29 64,556.46 0.01

139 Mental Health Service - Ferizaj 15 39,211.00 0.01

140 Kosovo Correctional Services 23 2,880,427.67 0.63

141 University Hospital and Clinical Service of Kosovo 40 314,656.45 0.07

142 General Hospital – Ferizaj 34 368,721.57 0.08

143 General Hospital Gjakova 35 832,826.84 0.18

144 General Hospital Gjilan 39 491,138.99 0.11

145 General Hospital Prizren 45 612,645.81 0.13

146 General Hospital Peja 46 650,875.68 0.14

147 Hospital of Vushtrri 27 143,767.26 0.03

148 Bus station – Gjakova 5 4,591.40 0.00

149 Bus station sh.a – Ferizaj 1 700.00 0.00

150 Telekomi i Kosoves J.S.C. 68 8,466,019.94 1.84


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151 Trainkos J.S.C. 50 997,217.50 0.22

152 Trepça - Enterprise under Administration of PAK - Mitrovica 167 3,914,767.65 0.85

153 Trepça - Enterprise under Administration of PAK – Zvecan 699 4,186,482.09 0.91

154 University of Prizren “Ukshin Hoti” 38 51,316.16 0.01

155 University of Peja “Haxhi Zeka” 47 495,641.88 0.11

156 University of Mitrovica “Isa Boletini” 60 842,247.18 0.18

157 University of Gjakova “Fehmi Agani” 14 22,994.02 0.01

158 University of Prishtina “Hasan Prishtina” 66 4,411,972.76 0.96

159 Public University of Gjilan “Kadri Zeka” 32 128,063.29 0.03

160 National Audit Office 55 115,149.39 0.03

161 Office of Prime Minister 58 485,353.82 0.11

162 Office of the President of the Republic of Kosovo 42 696,644.25 0.15

163 Generl Hospital Mitrovica 54 528,502.87 0.11

Total: 10214 459,789,945.94 100.00

Contract: Motorway Prishtina - Hani i Elezit, Route 6, the part foreseen for 2017

181,508,615.5410

5.14 CONTRACTS WITH A VALUE OVER 2,000,000.00 € SIGNED BY

CONTRACTING AUTHORITIES DURING 2017

CONTRACTING AUTHORITIES:

PROCEDURES USED

DESCRIPTION O THE CONTRACT

VALUE OF THE CONTRACT (€)

1 Kosovo Energy Corporation Open procedure

Repair of the conveyor belts in the direction of TC Kosova "B"

19,443,051.70

2 Ministry of Public Administration Open procedure

Supply with Microsoft licences 11,474,344.09

3

Kosovo Energy Corporation

Negotiated without publication of the contract notice

PURCHASE OF SPARE PARTS FOR REPAIRING THE TURBINE IN TC KOSOVO B Lot 1: Purchase of necessary parts for unit B1 turbine repair Lot 2: Purchase of necessary parts for unit B2 turbine repair

10,481,943.80

10 Contract: Highway Prishtina - Hani i Elezit, Road 6”, the part foreseen for 2017 of 181,508,615.54€ from M Infrastructure.


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4

Ministry of Health Open procedure

"Construction of the Regional Hospital in Ferizaj" 10,235,587.11

5

Kosovo Telecom J.S.C.

Negotiated without publication of the contract notice

Supply with equipment and work to expand and modernize the broadband network

5,816,616.19

6 Central Procurement Agency Open procedure

SUPPLY WITH FLUID FUEL. Lot I 5,743,150.10

7 Ministry for Communities and returns Open procedure

“Construction and renovation of houses for the returnees” 4,477,272.11

8

Kosovo Energy Corporation Open procedure

LOT 1- Supply. demount. fitting and commissioning of supply pump reducers for A3/A4 block

4,197,020.46

9

Food and Veterinary Agency Open procedure

Supply with equipment for disposal of animal waste 3,899,500.00

10

Kosovo Energy Corporation Open procedure

Health insurance services for KEK employees J.S.C.

3,680,654.40

11

Ministry of Public Administration Open procedure

Construction of schools and KIPA building 3,675,971.14

12 Ministry for Communities and returns Open procedure

“Supply with construction material”

3,461,554.64

13 Kosovo Energy Corporation Open procedure

Modernization of fields in bl.A4 cooling tower 3,357,191.82

14 Municipality of Gjilan Open procedure

Reconstruction of Gjilan Stadium 3,121,346.07

15

Municipality of Ferizaj Open procedure

Asphalting the road Rahovicë - Kishnapole. Municipality of Feizaj – three-year project

2,648,706.65

16 Ministry of Education, Science and Technology Open procedure

Supply of inventory for sports halls in pre-university education schools 208017031111

2,393,600.00


SUPPLY WITH FLUID FUEL. Lot 2 2,338,656.26


RENTING OF VEHICLES.2/1. KAT.2 2,336,004.00


RENTING OF VEHICLES.2/2. KAT.2 2,336,004.00

20

Municipality of Prizren Open procedure

Waste management in the Municipality of Prizren 2,215,725.60


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5.15. ACTIVITIES OF THE PUBLIC PROCUREMENT REGULATORY

COMMISSION

ACTIVITIES OF RULES DIVISION

From the beginning until end of 2017, the Rules Division was engaged in improving the secondary acts - administrative rules and guidelines to facilitate their applicability by contracting authorities and economic operators. This Division has also played a very important role in elaboration and

publishing, on the PPRC's website, the interpretations of issues encountered during the implementation of public procurement procedures through the Public Procurement Electronic Platform, providing written responses on the basis of the written requests of the interested parties through the PPRC's archive and the electronic address "info.krpp", as well as providing advice on public procurement to

contracting authorities, economic operators and other interested parties either through telephone or through consultations at the RD office at the PPRC. Achieved results

The Rules Division, in view of exercising its duties vested by PPL and in view of making Electronic Public Procurement Platform operational, of a special relevance to the division of activities in Lots, amended and supplemented the Rules and the Operational Guidelines for Public

Procurement. Amended and supplemented Rule entered into force on 01.06.2017 and was published in PPRC's website, respectively under the

link: "Secondary Legislation", in three official languages. During this reporting period the Rules Division drafted two more regulations:

Regulation No. 2/2017 on Procedures for issuing and revoking

the professional certificate for public procurement, which is

mainly based on the paragraph 8 of Article 25 of the PPL and in the Rules of Procedure of the PPRC, and

Regulation No. 3/2017 on the establishment of coordination

structures for public procurement, which is mainly based on the National Public Procurement Strategy 2017-2021.


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Both above regulations are adopted by the PPRC Board and published in PPRC's website on 06/01/2017. Based on written requests submitted by many Contracting Authorities and Economic Operators on the same issues, during 2017, 9 legal

interpretations were issued and published on the PPRC's website, under the link: 'Frequently Asked Questions', which so far is amounted to a total of 57 legal interpretations. (Answers to the questions asked). Always in the service of the functionalization of the public procurement

electronic platform and in order to make the platform easy to use for

contracting authorities and economic operators, the Rules Division compiled 6 Legal Interpretations, following the adoption by PPRC Board the same were published in PPRC's website, under the link: "Information" for all contracting authorities, as follows:

Interpretation No. 133/2017 of 30.03.2017 on clarification of Article 9 of PPL;

Interpretation No. 145/2017 of 03.04.2017 for setting the deadline for submission of FS: "B54 Notice of Error Correction in

Published Notices" for publication; Interpretation No. 149/2017 of 05.04.2017 on evidence related to

technical and professional skills according to Article 69 of the PPL; Interpretation No. 244/2017 of 23. 05.2017 on subcontracting; Interpretation No. 230/2017 of 25.04.2017 for the selection criteria

in the tendering procedures; and Notification of 27.02.2017 on the manner of communication

between Contracting Authorities and Economic Operators.

From 30.10.2009, when the Public Procurement Regulatory Commission for the first time established a "help desk" for the purpose of providing professional advice, interpretation of provisions of the law and of secondary legislation on daily basis (work days) at the request of the

contracting authorities, economic operators and other interested parties,

by phone: + 381 (0) 38 213 709 and e-mail: [email protected], until now it has been evaluated to have functioned very well, because with the maximum engagement, efficiency and skills of the three procurement experts of the Rules Division, from January 1 to December 31, 2017, they managed to provide in total 2666 professional advices/interpretations through the PPRC archive, official electronic

address "info.krpp ", as well as through the phone, as follows:


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Responses given by the PPRC Rules Division to the Contracting

Authorities and Economic Operators during the period January 1 -

December 31, 2017

No

.

Means of

feedback/responses

Number

of responses provided

Responses

to contracting

authorities

Responses

to economic operators

01 Written interpretation (through the PPRC)

30 22 8

02 Interpretations via electronic address of the PPRC

998 541 457

03 Interpretations through the

PPRC official phone

1515 1100 415

04 Meetings-Consultations

123 73 50

05 Total responses for CAs and

EOs

1736 930

06 Total of

advices/interpretations

2.666

During 2017, the Rules Division has made an extraordinary contribution to the implementation of the Public Procurement Electronic Platform, whereby it assisted the IT Division of PPRC on implementation of public procurement rules, and provided legal advice related to problems encountered in conducting public procurement procedures through the public procurement electronic system.

In 2016, the total number of responses was 2.368 advices and

interpretations. Compared to 2016, the number of responses in

2017 is on the rise, indicating increased trust in this Division.


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ACTIVITIES OF THE MONITORING DIVISION

Department of Monitoring and Supervision Legal basis

The PPRC Department of Monitoring and Supervision exercises

monitoring and supervision-related duties of procurement activities of Contracting Authorities pursuant to Articles 81, 88.1 and 88.2 of the law no.04/L-042 on Public Procurement. The Department for Monitoring and Supervision is vested with mandate, authority and responsibility to observe, supervise and monitor the implementation of provisions of this law and of regulations issued by

PPRC in accordance with this law.

Composition of the Department for Monitoring and Supervision

The Department for Monitoring and Supervision in 2017 has counted a total of fourteen (14) employees, the Head of Department and thirteen (13) officials, twelve have been engaged in monitoring contract notices

sent for publication on the PPRC website, monitoring of procurement activities based on the findings in the monitored notices and monitoring according to the requirements of contracting authorities, economic operators and interested parties (three of them with probationary period since May).

PPRC – Monitoring Department since 19.01.2016 monitors the

contracting authorities’ notices sent for publication on PPRC

website, such as: contract notices, contract award notices, notices

for cancellation of procurement activities, contract signing notices

and other notices.

In 2017 the following notices were monitored by the monitoring department: o Contract notices 4857

o Contract awarded notice 2504 o Cancellation 669

o Indicative notice 13 o Awarded notice of design contest 14 o Design contest notice 11 o Request for expression of interest 04 o Design contest notice – Opening the financial offers 06 o Prequalification award notice 02

o Cancellation notice of the contract awarded 70 o Notice for additional information or corrigendum 67


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o Invitation for bidding-sale 26

o Contract signing notice 1350 o Request for qualification notice – concession 1 o Notice for negotiated procedure without publication 283 o Notice for cancellation of cancellation 5 o Sale of assets – auction 77

Total 9959

Notices published by value, presented in tabular form

No.

of

not

ices

-to

tal

Larg

e va

lue

Med

ium

val

ue

Low

val

ue

Min

imu

m v

alu

e

Fram

ewor

k co

ntr

act

wit

h o

ne

EO

Fram

ewor

k co

ntr

act

wit

h s

ever

al E

Os

Contract notices 4857 237 1844 2776 334

Contract awarded notice 2504 130 350 2020 4 80

Cancellation notice 669 44 82 542 1 13

Indicative notice 13 13

Awarded notice of design contest 14 14

Design contest notice 11 9 2

Request for expression of interest 4 1 3

Design contest notice – Opening the financial offers

6 1 5

Cancellation notice of the contract awarded

70 10 35 25 4

Prequalification award notice 2 2

Notice for additional information or

corrigendum 67 6 21 40

Invitation for bidding-sale 26 1 5 20

Contract signing notice 1350 47 109 679 515

Request for qualification notice – concession

1 1

Notice for negotiated procedure without publication

283 18 108 157

Cancellation of cancellation 5 3 1 1

Sale of assets – auction 77 1 20 56

Total: 9959 512 2604 6323 520 431

As seen in the table above, same as in the previous year (2016) in this year (2017) we have a big difference between the cancellation notices

(669) and cancellation of the contract award (70), therefore the


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Monitoring Department take this phenomenon in consideration

when performing monitoring for 2018. The table also shows that some contracting authorities, although according to the law are not obliged to publish minimum value notices (except publications for signing the contract) on the PPRC's webpage, they have sent their notices for publication.

It is worth noting that the most frequent remarks-requests by monitoring officials for correction of notices sent for publication were:

PPL

Articles Description

No. of

cases

Article 69 Technical and professional skills

306

Article

68.1

Economic and financial standing (mixing claims

with evidence - exceeding the estimated value)

94

Article 28.2 Technical specifications

87

Article

42.2

Publication of notices (not harmonised in both

languages)

37

Article 52.6 Criteria for awarding a contract

37

Article

62 Termination of the procurement activity

34

Regulation and UOPP

Article

16 Procurement number

56

Article 30.6

Validity of the execution guarantee for a period of 30 days after the completion of the contract

58

Nr. of the commitment of funds to the DNDF

before the award notice

58

Article 56.11

Amount or scope of the contract (total amount is not foreseen

47

Article

31.2 Validity of tender

42

Article 18.26 Determining the approximate amount

31

Technical errors 161

Technical errors such as: the discrepancy between the dates of the tendering deadlines, the procurement number, the date of receipt of the tender dossier, the errors in the procurement vocabulary, the quantity


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and scope of the contract notices, the discrepancies of the data on the

versions in the Albanian language with the version in Serbian etc., have been in considerable numbers where the Monitoring Department has intervened to improve them. A particular care and attention has been devoted to the issues related to the notice of cancellation of procurement activities and cancellation of contract award.

During this year the number of cases monitored is: - 654 cases of notice for cancellation of procurement activities - 70 cases of notice for cancellation of contract award

Notices for cancellation of procurement activity _654 cases

Through monitoring the cancellation of contract notices we have identified the following: - 195 cases - no offer was submitted - 189 cases – offers were not eligible _ - 106 cases – cancellation because the offers exceeded the budget

- 63 cases – cancellation before opening the offers - 21 cases, with the decision of CA in accordance with Article 108/A paragraph 10.2 - 52 cases – with the decision of PRB - 23 cases – a provision of the law has been violated

- 2 cases – cancellation due to errors in technical specification

- 1 case – cancellation do e to loss of key - 1 case – failure to establish the evaluation commission - 3 cases – withdrawal of the EO (in one case the winning EO refused to register its representative in Kosovo) - 7 cases – lack of funds (withdrawal of the budget) - 5 cases – elimination of the EO because arithmetic errors were greater

than 2% (only one offer was submitted)

Cancellation of contract award 70 cases

- Return for re-evaluation with PRB decision – 40 cases - Return for re-evaluation in accordance with Article 108/A with CA

decision – 19 cases - Cancellation and return for re-tender with decision of the PRB – 11 cases

Whereas in two (2) cases the decision of the PRB was disregarded

Monitoring according to case-request, responses and imposed

measures


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The Monitoring and Supervision Department in 2017 has conducted

monitoring of fifty-three (53) procurement activities, i.e. responses as per the case-request of CA, Economic Operators or interested parties and has imposed nine (9) measures for officials responsible for procurement, of which, one is suspension of procurement professional certificate.

Notifications of contracting authorities for procurement procedures

such as:

Use of negotiated procedure according to Article 35 and Article 61

of the PPL no.04 / L-042

The Monitoring Department in 2017 has received from CAs

notification for the two following procedures:

Article 35 – the negotiated procedure without publication of the contract notice has been used in: - 283 cases, of which - 161 cases, additional work (up to 10% of the basic contract), Whereas Article 61- Abnormally low tenders, we have had:

- 18 cases, Objectives of Monitoring and Supervision Department for 2018

In 2017 the Department for Monitoring and Supervision has planned to continue with:

- Monitoring and supervising the current procurement activities,

- Monitoring procurement activities in line with the Planning - Monitoring procurement activities as requested by Contracting Authorities, Economic Operators and other interested parties. - Monitoring of tender dossiers by monitoring notices as well as other cases that may occur in the department's work during this calendar year.

The Monitoring and Supervision Department for 2018 has planned to monitor the following contracting authorities:

1- Ministry of Infrastructure

2- MA Kamenica 3- MPA

4- MA Shterpce 5- MA Shtime 6- UCCK 7- MA Vushtrri 8- MA Prishtina 9- MA Prizren

10- Infrakos 11- Ministry for Communities and Returns


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12- TAK

13- KFVA 14- Kosovo Customs 15- Trainkos

- Goal of PPRC – Department for Monitoring and Supervision

- Through the monitoring of various notices of contracting authorities sent for publication to the PPRC and monitoring of procurement activities, the identification, prevention and elimination of possible problems related to the implementation of the public procurement law and secondary legislation in force by contracting authorities, increasing the quality of work in order to

provide for a fair, transparent and efficient use of Kosovo's consolidated budget and all other funds and resources.

- To ensure the integrity and responsibility of public officials, civil

servants and other persons involved in a procurement activity, and to promote the establishment of a professional, impartial

and ethical institutional culture among procurement officers and other officials involved in the process of public procurement.


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ACTIVITIES OF DIVISION OF TRAININGS AND EUROPEAN

INTEGRATION

Pursuant to Article 25 of the Law No. 04/L-042 on Public Procurement, supplemented and amended by the Law No. 04/L-237, Law No. 05/L-068 and law No. 05/L-092, the Division of Training and European Integration in 2017 has conducted the Intensive Training

Programme – for Basic Professional Procurement Certificate for the 3 main public procurement institutions in Kosovo (PPRC, PRB, CPA). The regular training programme for basic professional procurement certificate, for procurement officials at central and local levels and for Public Enterprises, as well as the Training Programme for Electronic

Procurement for officials at central, local level/ Public enterprises,

Economic Operators, Civil Society Organizations, other officials of procurement authorities who are directly or indirectly involved in procurement. This report provides an overview of one year work related to training, it also provides the description of modules of the training programmes,

participation (attendance) of procurement officials, monitoring and

supervision of trainers, engagement of trainers for delivering

training programmes, Testing – Retesting of participants, licencing or equipping participants with basic professional procurement certificates.

According to PPL, officials responsible for procurement and procurement

clerks, initially, must possess a valid basic certificate, in order to be allowed to take over their duties. I. Intensive training programme – for Basic Professional

Procurement Certificate

On February 9th and 10th, 2017 we received requests from three main procurement institutions describing the need to organize an intensive training for their officials/experts, and on February 13th, 2017 we received the lists with names of people who will attend the intensive

training from the three key procurement institutions, PPRC, PRB, CPA.

The Intensive training programme started on February 14th, 2017 with the following composition of participants: PPRC staff – 21 participants, CAP staff - 5 participants, and PRB staff - 7 participants (33 participants in total). The intensive training was held by PLANET project (European Commission), which has supported PPRC until June 2017.

This training activity on basic professional public procurement programme took place in the premises of Ministry of Infrastructure where


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the 10 modules of the programme were delivered to participants in 15

days. This training activity has equipped 33 experts of the main procurement bodies (PPRC, PRB, CPA) with Basic professional Procurement Certificates.

II. The Regular Training Programme for Basic Professional

Procurement Certificate

a) Announcement of training on the PPRC website

From March 24th, 2017 to April 11th, 2017, an announcement was published on the PPRC's website for interested procurement officers to

apply to participate in the training for Central and Local levels, and Public Enterprises and Contracting Authorities. According to this notification all procurement officers who do not hold a certificate 2017-

2019 were eligible to apply. On September 14th, 2017 lists of participants were compiled which included over 224 training participants, timeline for training delivery as well as the training agendas. Training started on September 19th, 2017. Training for the Central Level

consisted of 3 Groups with 37 participants per group, making a total of 111 participants and was organized in the premises of the Ministry of

Infrastructure. In parallel, on the same day training for 3 other groups with a total of 112 participants started in the MPA premises. Training was organized for 6 groups with a total of 224 participants, who

attended 15 days of training, i.e. 10 modules of Basic-Initial training. b). Description of modules for the Basic Professional Programme:

The basic training and certification programme on public procurement provides opportunities to improve skills and qualifications of officials who

manage public money through the procurement system. The attendees of

this program have acquired high-level skills, in line with the complex tasks they are expected to perform, including those related to possible changes to the legal framework. The Basic Training Program consists of 15 training days for each

participant. This program is structured in 10 training modules as follows: Legal Framework (Amendment of the PPL), Restricted Procedures, Competitive Negotiated Procedures and Negotiated Procedures without Publication, Procurement of Services, Integrity in Public Procurement, E-Tendering, Tender Dossier, Contract


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Management, Framework Contracts, Complaints and Appeals

Procedures. c). Attendance of participants in training

On December 12th, 2017 the training for Basic Professional Procurement Certificate was successfully completed. An analysis of participation and

attendance was conducted once the training activity was completed. At central level 123 participants took part in the training; of which, 12 participants did not attend any day of the training; 11 participants attended less than 8 days of the training; and 98 participants have sufficiently attended the training and fulfilled the conditions to undergo the testing procedures.

At local level 142 participants took part in the training; of which, 10 participants did not attend any day of the training; 14 participants attended less than 8 days of the training; and 125 participants have sufficiently attended the training and fulfilled the conditions to undergo the testing procedures.

d). Organization of testing for participants:

At the end of the training program, a test was organized for the participants of the training. The test is dominated by open questions which test the ability of officials to solve situations encountered in the

procurement system and the challenges they may face in the future.

Participants who successfully passed the test with at least 51 points were issued with a certificate of the Basic Professional Procurement Program, which is valid for three consecutive years (2018-2020). Also, the PPRC has established a commission to examine the tests, composed of three persons (from PPRC and KIPA), who examined the

tests of each participant from the central and local level institutions and compiled a final report showing that only 2 participants did scored sufficiently to pass the test.

Also, pursuant to Article 3.3 of the Regulation on Training, which provides as follows, quote: "The re-test is organized not earlier and not later than 30

calendar days from the day the test is over", PPRC organized the re-test. Only the candidates who were not successful in the test and those who, due to health conditions, could not take the test, were eligible to take the re-test. The Training Division organized the test and the re-test: The first test

was took place on 17.01.2018, which was attended by 199 officials of the contracting authorities, divided into two groups. One group could take


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the test from 9 a.m. while the other group could take the test from 10.30

a.m., in the large hall/amphitheatre of the former Rilindja building. Also, on 13.02.2017, the PPRC Training Division organized a re-test which was attended by 26 officials, while the commission for examination of tests taken during the re-test confirmed that 24 participants successfully passed the re-test with at least 51 points, 1

participant did not manage to pass the re-test, while another participant was disqualified due to incomplete documentation. By analysing the data, it turns out that 199 participants of the test and 24 participants of the re-test have gained the right to obtain the Basic Professional Certificate, bringing the total number of certified officials to 223.

e). Engagement of trainers to deliver the training;

The criteria to engage the trainers included: the trainers should be experts in certain fields, they should have professional experience and they should be certified in training of trainers skills. The aim of the PPRC

is to keep the level of engagement of the trainers at the highest level of participation. For the Basic Professional Procurement Program, the PPRC Training Division engaged a total of 16 trainers for the central and local level

institutions. They delivered 90 days of training, and paid by KIPA/GIZ.

f). Training supervision:

Training participants discussed the best practices and the difficulties they face in procurement processes. They will practice the forms and applications that are used in the procurement system. The training has

been rich with examples and case studies from local and international procurement practices. Training supervision was done by PPRC-USAID-KIPA which kept records

through various forms compiled by them, including training attendance lists and training evaluation forms that were filled in by the participants

in training, who had to evaluate the way the training was organized, the training hand-outs, the accommodation, and the trainer who delivered the training as per module. III. Electronic Procurement Training Program


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1. Announcement for Training organized for the Contracting

Authorities of Kosovo

During 2017, PPRC started a training cycle with a large number of participants for an Electronic training. From 18.05.2017 until

26.05.2018, the PPRC made the announcement for participation in Electronic training for all contracting authorities of Kosovo. On 26.06.2017, the PPRC published the lists of persons who have been assigned to participate in Electronic Procurement Training. The list included representatives from the central and local level as well as from the public enterprises.

The PPRC divided the participants into groups. There were 12 groups,

each composed of 21 participants. 7 groups were composed of representatives from the central level, 3 groups were composed of representatives from the local level, and 2 groups were composed of representatives from the public enterprises. A total of 230 persons from

the contracting authorities applied for this training. Also, on the same day, the PPRC published on its website the Schedule under which the training began and was held for all groups that attended the training.

2. Training Notices- for Economic Operators and Civil Society

Organizations

On 03.08.2017, the PPRC made the announcement for participation in

the Electronic Procurement Training, in cooperation with KIPA, Kosovo

Chamber of Commerce, American Chamber of Commerce and CiviKos,

and supported by Transparent, Effective and Accountable Municipalities

(TEAM) USAID Project for organizing the two-day training on using the

electronic platform.

Trainings were organized for all Economic Operators (EOs) and Civil

Society Organizations (CSOs) registered in the Republic of Kosovo and

interested to attend this two-day training.

Also, in cooperation with the above-mentioned partners, on 14.08.2017,

the PPRC announced the commencement of the two-day training on

16.08.2017, and this training was organized for all Economic Operators

(EOs) and Civil Society Organizations (CSOs ) which have applied via the

official e-mail of PPRC; [email protected] .

mailto:[email protected]


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The PPRC divided the participants in groups and, on the same day,

published on its website the List of Training Participants, the Training

Agenda and the Schedule under which the training began and was held

for all groups that attended the training.

3. Training Notice- for Internal Auditors of Public Institutions

On 03.09.2017, the PPRC made the announcement for participation in

the Electronic Procurement Training, in cooperation with KIPA, and supported by the Transparent, Effective and Accountable Municipalities (TEAM) USAID Project for organizing the two-day trainings.

Trainings were organized for all procurement officers, internal auditors of local and central level public institutions, external auditors and investigators who did not have the opportunity to attend this type of training organized through earlier calls.

Also, the PPRC has announced on 14.09.2017 that, in cooperation with the above-mentioned partners, it commenced the two-day trainings on

the use of the electronic platform. The PPRC divided the participants into groups. There were 8 groups, each composed of 21 participants, with a total of 174 participants.

Also, on the same day, the PPRC published on its website the List of

Training Participants, the Training Agenda and the Calendar Plan under which the training began and was held for all groups that attended the training. 4. Training Notice for Members of the Commissions for evaluation

and opening of bids/procurement activities

On 11.10.2017, the PPRC published the notice for participation in the Electronic Procurement Training, in cooperation with KIPA, and supported by the Transparent, Effective and Accountable Municipalities

(TEAM) USAID Project for organizing two-day trainings on the use of the electronic platform. Trainings were organized for all procurement officers and members of

commissions of procurement in the process of opening and evaluating bids at the municipal level. The trainings were attended by officers who did not have the opportunity to attend this type of training organized through earlier calls. Also, on 03.11.2017, the PPRC announced the commencement of the two-day trainings on the use of the electronic platform.


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The PPRC divided the participants into groups. There were 6 groups,

each composed of 21 participants, with a total of 134 participants. Also, on the same day, the PPRC published on its website the List of Training Participants, the Training Agenda and the Calendar Plan under which the training began and was held for all groups that attended the training.

5. Training Notice organized for Economic Operators (EOs) of Small

and Medium Enterprises (SMEs) as well as of Large Enterprises

On 08.12.2017, the PPRC published a notice for participation in the Electronic Procurement Training, in cooperation with KIPA, and supported by the Transparent, Effective and Accountable Municipalities

(TEAM) USAID Project for the organization of the two-day trainings on the use of the electronic platform. Trainings were organized for all Economic Operators (EOs) of Small and Medium Enterprises (SMEs) and of Large Enterprises registered in the Republic of Kosovo, interested to attend this two-day training.

Also, on 12.02.2018, the PPRC announced that, in cooperation with the

above-mentioned partners, the training will commence on 13.02.2018 for all EOs which have applied via the official e-mail of the PPRC; [email protected] .

Description of the Electronic Procurement/E-Tendering Training

Program

The Practical Training Program for Electronic Procurement offers the opportunity to improve the skills and qualifications of the group of officials who manage, monitor and control public money through the electronic platform of the system.

The attendees of this program gained special high-level skills for practising many complex tasks they are expected to deal with in the procurement platform;

Modules of this program included practical demonstration of examples related to: Registration of the Economic Operators in the Electronic

Platform, Preparation of Tender Dossier for Works, Supplies and Services, Bid Preparation and Submission through the Platform to Contracting Authorities, Process the opening and evaluating the procurement activities, the preparation of the Contract Award Notice and the of the Contract Signing Notice through the electronic platform, as well as the submission of requests for clarification of the tender dossiers

to the CA, requests for review to the CA and filing of the complaints through the platform to the Procurement Review Body.

mailto:[email protected]


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This program was structured in groups of training participants where each group practically demonstrated for two days an example of the procurement activity on the procurement platform from the beginning to the publication of the contract signing notice on the PPRC website. Also KIPA, USAID and PPRC took care of participants' accommodation

and distribution of participant lists and evaluation forms at the end of the training for each group. By analysing the training attendance forms, we note that the training was attended by more than 625 persons. IV. Trainings with partners - Cooperation

During 2017, the PPRC cooperated with various international organizations as well as developed and coordinated activities with several partner organizations, donors and institutions of the country. In all these activities, training programs were implemented for the needs of procurement officers.

Although with very limited capacity in terms of the personnel and training rooms, the PPRC managed to ensure valuable support by USAID and KIPA to complete its program/training plan. The support provided by partners included full funding, partial funding,

and in some cases, we also had cooperation in implementation. The

organizations with which the PPRC cooperated during this year were KIPA, USAID, GIZ, PLANET etc. Results of cooperation and coordination with regard to the trainings highlight the fact that this year was productive. Indicators point out that 256 procurement officers have been trained/certified during this year

through the basic professional training program, while 625 persons attended the electronic procurement training.

In addition to training of procurement officers during 2017, the

PPRC Training and European Integration Division has consistently held meetings, reported and cooperated with regard to the field of public

procurement with the Ministry of European Integration, Ministry of Finance, Ministry of Trade and Industry, the Anti-Corruption Agency and other institutions. These meetings, reports and collaborations are intended to reflect the work and readiness of the PPRC vis-à-vis Government institutions and

international institutions such as the EU Office, SIGMA etc.


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Mainly during 2017, the Training and European Integration Division has

maintained cooperation and reporting with the following institutions on these issues:

Regular reporting and meetings on the National Programme for

Implementation of the SAA (NPISAA).

Meetings and collaborations for the reporting on the implementation

of the NPISAA for 2017, both in the reporting matrix and in the

narrative document and revision of the NPISAA for 2018.

Participation in the meetings on reporting the Public Finance

Management Strategy and drafting Variable Indicators for

Establishing a Contract with the EU for the Public Finance

Management Reform.

Reporting and meetings in Prishtina and Brussels on the SAA Sub-

Committee on "Internal Market, Competition, Health and Consumer

Protection" and provision of additional information on the conclusions

emerging from these meetings.

Reporting and meetings at the MEI on the European Reform Agenda

(ERA), the Economic Reform Programme (ERP) and the Review of

Economic Reform Programme (ERP) 2018-2020

Regular reporting at the MEI on the EC's Kosovo Report 2017,

Reporting at the Anti-Corruption Agency on Anti-Corruption Action

Plan measures to achieve the specific sectoral objectives set out in the

Anti-Corruption Strategy for 2017

Annual reporting on SIGMA Evaluation, etc.

Reporting on the Multi-Annual Plan (MAP) which consists of four

areas: trade, investment, mobility and digital integration. While

reporting, I covered the field of public procurement.

Meetings and Reports at KIESA on the SME Support Questionnaire for

the section related to public procurement.

V. Recommendations and Conclusion: During 2017, in order to fulfil its tasks which resulted in an increased load of work in all regards, the PPRC supported and increased the professionalism of procurement officers and persons directly or indirectly

involved in procurement in the main areas of work, including the work in the new procurement legislation and the work on electronic procurement.


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During this year, PPRC trainings were attended by procurement officers

of approximately 150 public units and organizations and of over 100 private companies (EOs) and CSOs. The list of training participants included procurement officers from the central and local level institutions, economic operators, civil society organizations, procurement officers of independent bodies, public

companies and many other organizations. Delivery of quality trainings which were tailored to needs has been achieved by focusing on the implementation of legal and strategic document priorities through the implementation of advanced learning methodologies for demonstrating practical examples for training participants.

The year 2017 ended with the basic professional procurement certification of 256 public officials and awarding of 625 certificates for participation in training, which is an achievement and a special value increasing PPRC's importance and image.

Table of trainings delivered during 2017


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No. Type of training

Participants Organizers Number of participants

Time period

1 Intensive Training for

Basic Certificate

Procurement experts of central procurement

institutions such as PPRC, PRB, CPA

PPRC, EU-PROJECT

"PLANET"

35 February-March 2017

2 15-day basic training on certification in

public procurement

Procurement Officers from all local and central public

institutions who do not possess certificates for public procurement

PPRC, KIPA, USAID TEAM

223 September-December

2017

1 Practical two-day training on

e-procurement

Procurement Officers from all local and

central public institutions

PPRC, KIPA, USAID TEAM

206 June-July 2017

2 Practical two-day training on e-procurement

and ethics in business

Representatives of EOs and CSOs / NGOs

PPRC, KIPA, USAID TEAM, Kosovo

Chamber of Commerce and

American Chamber of Commerce

112 August 2017

3 Practical two-day training on

e-procurement

Internal auditors of local and central public

institutions, external auditors and investigators

PPRC, KIPA, USAID TEAM,

CHU IA

174 September 2017

4 Practical two-

day training on e-procurement

and ethics in procurement

Members of the

members of commissions of

procurement in the process of opening and evaluating bids at the

municipal level

PPRC, KIPA,

USAID TEAM

133 October/

November 2017

TOTAL 883 2017


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IT DIVISION ACTIVITIES AND THE E-PROCUREMENT

a) IT Division activities

The activity of the Information Technology Division with all capacities is fully

focused on:

- Daily management of hardware and software infrastructure of the

electronic procurement system; prevention, avoidance and problem solving to ensure sustainability and uninterrupted operation of the Electronic Procurement System, 24 hours a day, 7 days a week;

- Cooperation and coordination with the institutions of the Ministry of Public Administration/Agency for Information Society and the

Ministry of Finance, being the institutions indirectly involved in the operation of the electronic procurement system;

- Provision of services in the provision of technical assistance and

instructions through the help desk (hotline, email and physical presence) to all users of contracting authorities and economic

operators when using the electronic procurement system; - Provision of technical assistance and support to all PPRC staff and the

Rules, Monitoring and Training Division in order to increase

knowledge on the use of the functionalities of the electronic procurement system and transformation from traditional procurement to electronic procurement;

- Updating of the two PRCC portals, https://krpp.rks-gov.net/ and https://e-prokurimi.rks-gov.net/, with information, frequently asked

questions, notices and decisions prepared by the PPRC and published for the general public.

b) Electronic Procurement System activities

The electronic procurement system, which was put into operation during 2016

(in September 2016, it was mandatory for all central level CAs), from 1 January 2017 has become mandatory for all local CAs. In 2017, all CAs were obliged to

prepare and publish all open and negotiated procurement procedures (works, supplies, services, design contests, etc.) of medium and high value through the procurement system electronic, while the procurement procedures of low and

minimal values are expected to become mandatory at later stages, depending on the progress and results of system use.

During 2017, the main activities identified in the use of the electronic procurement system include:

1. On-going registration of users, where, by the end of 2017, the registrations were as follows:

- Contracting Authorities: 185 - Active Economic Operator (inside and outside Kosovo): 4144

- Natural Persons/Individuals: 652 and

https://krpp.rks-gov.net/

https://e-prokurimi.rks-gov.net/


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- Total active users: 10083

2. Preparation of procurement procedures (tender dossier and description of

prices) and publication of all notices on the procurement activity, contract notice, contract award notice, contract signing notice, notice for cancellation of procurement activity, notice for correction of the

procurement procedure etc.

Statistics on the activity of preparing procurement procedures and publishing notices are given below:

3. Use of the electronic procurement system by economic operators to

download any notice published by CA and any of the tender documents, to prepare the bids and submit them electronically through the system or

in a hard copy, and to send/receive any notice on procurement activities.

6. SUPPORT TO KOSOVO PUBLIC PROCUREMENT SYSTEM BY

INTERNATIONAL INSTIUTIONS

The PPRC has consistently received support in various forms from

various international institutions. Many donors have provided funds in

3668

28

2942

16

905

143

2338

395

2

2

1

36

B05 NJOFTIM PER KONTRAT

B06 NJOFTIM PER KONKURSIN E PROJEKTIMIT

B08 NJOFTIM PER DHENJE TE KONTRATES

B09 NJOFTIMI PER REZULTATET E KONKURSIT TE PROJEKTIMIT

B10 NJOFTIMI PER ANULIMIN E AKTIVITETIT TE PROKURIMIT

B11 NJOFTIMI PER ANULIMIN E DHENIES SE KONTRATES

B52 NJOFTIMI PER NENSHKRIMIN E KONTRATES

B54 FORMULARI STANDARD PER KORRIGJIMIN E GABIMEVE NE …

E02 FTESË PËR OFERTIM PËR SHITJE

E05 NJOFTIM PËR ANKAND PUBLIK PËR SHITJE

E06 NJOFTIM PËR DHËNIE TË KONTRATËS PËR SHITJE

NJOFTIMI PARAPRAK

0 500 1000 1500 2000 2500 3000 3500 4000

Publikimi i njoftimeve ne e-prokurim gjate vitit 2017


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various forms to help develop this system since its foundation in 1999,

and thereafter. Such assistance is provided in the form of technical

assistance, support through various projects, training arrangements, and

exchange of experiences during study visits, provision of opportunities

for participation in various conferences and seminars.

However, the only donor to support the development of the public

procurement system in Kosovo during 2017 is the USAID.

6.1 USAID SUPPORT

The USAID Project - Improving Administrative Capacity in area of Public Procurement in Kosovo, is the first project that is funded by the USAID through its Office in Pristina. This project started in December 2017 and is foreseen to last until June 2022. During 2017, this project continued to assist the PPRC, whose overall objective is to ensure the proper administration of public funds, transparency and efficiency in public

spending through the improvement of the public finance management system and the creation of an effective framework of public governance in Kosovo and building confidence in public spending by increasing public accountability. The USAID project is under implementation by the DAI-ji company and has started implementation as of February 2017. The main

goal of this project is to increase Transparency, Efficiency and

Accountability in Kosovo Municipalities. It has first been initiated as a pilot project in five (%) municipalities and later it is expected to include all the municipalities in the country. This project is assisting the PPRC in the IT sector, specifically in building professional capacities in the e-procurement sector (with the short-term engagement of IT experts).

6.2. RECOMMENDATIONS ON IMPROVING THE SYSTEM OF

PUBLIC PROCUREMENT SYSTEM IN KOSOVA

Pursuant to Article 87.2.13 of the Law on Public Procurement no. 04/L-

042, the PPRC together with the annual report should also submit


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recommendations for improving the public procurement system and/or

amendment of this law, to the Government and the Assembly.

For the purpose of advancing and improving the public procurement

system in Kosovo, the PPRC proposes to the Government and Assembly

of Kosovo and to other public procurement institutions to undertake the

following steps:

- With even greater efforts by the contracting authorities in order to

fully implement the Law no. 04/L-042 on Public Procurement in

Kosovo as amended;

- Given the fact that the full use of the electronic platform (electronic

procurement) has transformed the PPRC into a service provider for

all parties in the field of public procurement (contracting

authorities, economic operators, civil society, media, the general

public, etc.), the PPRC needs more emphasized support and full

institutional coordination with a view to the most comprehensive

implementation of e-procurement. For this purpose the PPRC needs

continuous support in many aspects, especially in the development

of professional and technical capacities. The process of developing

the e-procurement system is a dynamic process which requires

continuous maintenance and advancement and simultaneously

professional and technical capacities as well as timely available

financial capacities in order to maintain the continuity of the

provision of these services (e-procurement). Therefore, the choice

of a sustainable financing model for the PPRC is the most

appropriate and only solution that ensures the continuity of the

normal functioning of e-procurement. The PPRC considers that the

use of self-financing models already known and used by countries

in the region (such as Macedonia, Croatia, etc.) or even by many

other countries of the world is the most appropriate solution.

- Implementation of the National Strategy in the field of public

procurement, especially the fulfilment of the action plan of the

strategy that has not yet been fulfilled;

- Continue training other groups’ besides the public procurement

groups, such as: the management level staff, technical experts who prepare the technical specifications for both general and internal


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auditors, etc. In this regard, further support for KIPA and PPRC

should be provided by relevant institutions.

- Greater focus on contract management, by all parties involved,

especially by contracting authorities and key administrative officials, but also by technical and other staff involved in the implementation of the contract;

- PPRC, always based on data from ongoing monitoring of the

procurement system, considers that the public procurement system proces reform should continue further.

- The PPRC considers that legal changes should be made with a view to further harming the EU directives for public procurement (new directives) and in order to increase efficiency and avoid weaknesses in the system. For this purpose, the PPRC in cooperation with the

European Commission project has initiated the process of legal changes. The current Law on Public Procurement has specified in detail many legal aspects that require constant adaptations to support the dynamic development of public procurement. Their alteration through legal changes (in the Assembly) cannot reflect the dynamics of changes in public procurement. Therefore, moving

from a very detailed and non-dynamic law to the understanding of

such changes is one of the main recommendations by public procurement field experts. For this purpose, the PPRC considers that the rewriting of a new public procurement law by removing many technical and dynamic aspects in the changes would help the efficient development of the procurement system.

- Further legal changes will need to be followed with changes in the secondary legislation that the PPRC will make in support of its own powers. These changes will also have an important impact on the e-procurement platform, and the cost of advancing this platform should be taken into account.

- Continue monitoring of the notices PRIOR TO the publication of the contract notice;

- Reduce as far as possible the use of negotiated procedures, as well as small and minimal value contracts, using public framework agreements as well as centralized procurements;


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- Raise awareness on public procurement in general and on e-

procurement in particular among contracting authorities, economic operators, public procurement institutions and the general public;

In the framework of the public procurement system in the Republic of Kosovo it is necessary to further proceed undertaking measures to strengthen and improve:

1. Procurement Plans

Further focus shall be given to preparation quality Planing (they

are submitted almost only formally), clear specification of each

activity as well as their specification under procurement plan and

the budget of the respective fiscal year and other years. In

particular, contracting authorities should be more careful in the

preparation of long-term projects and when the activities have

budgetary implications of more than 1 year.

It remains challenging for the contracting authorities to coordinate

the activities with the aim of aligning the requests and budgetary

opportunities as well as business plans with the annual budget.

Mainstreaming of scuh activities should be done in time and prior

to the submission of the final Procurement Plan/s. Clear and full

specification of each activity to be implemented during the budget

period, should be followed with the provision of adequate budget

funds approved by the respective levels. The adequate and timely

specification of requests from the requesting units, especially the

specifications of the request, as well as the budget needed for

realization, is more than necessary.

2. During the monitoring phase, the PPRC continued this year to find

that the requesting units did not submit their requests on time or

submit them without specifying them at the appropriate level as if

they provided contradictory data for the necessary budget. Thus,

with the lack of coordination of activities in the sectors of CAs, the

preparation of Procurement Plans is in most cases made only

formally. Such a practice should be changed as soon as possible.

3. Keeping procurement records - It is extremely necessary that this

aspect be improved especially in the contract management part


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(Article 55.30 of the UO of the PP). The application of the electronic

procurement system has created much more favorable conditions

for maintaining procurement records but, despite this, the

contracting authorities are responsible for developing and

maintaining an efficient system of records in the field of public

procurement.

4. A remaining challenge for CAs is greater effectiveness to the full

implementation of the contract from the beginning of the activity

until the contract completion. In this regard, the NAO and

contracting authorities are recommended to focus more at this

stage which, according to all the analysis, is considered the most

problematic stage in the entire process of spending public money.

Contract management - contract management and

implementation process records, payments and other aspects of

implementation still remain amongst key challenges of the Public

Procurement system and not only for the reason of lagging behind

as regards the proper legal level and good performance. The Kosovo

Government and especially the relevant Audit Institutions will have

to focus more on this area in order to significantly improve the

scope of contract management and their implementation. The

PPRC, despite the fact that this area of monitoring is related only to

the administrative aspects of management, will focus more on the

monitoring of the contract management part. The PPRC is focused

on improving the data record from the contract management part

to create the most functional system in terms of contract

management. The PPRC will especially monitor the part on

respecting the terms of the contract, with particular emphasis on

the fulfillment of the dynamics and the application of the punitive

measures for non-performance of the contract. The PPRC will

monitor and report on timely implementation of contracts,

weaknesses and shortcomings, important data such as; Changes

and variations in contracts, billings and payments, contract

performance, etc. Despite this, based on the fact that the PPRC

monitors the contract management only in the administrative

aspect (observance of administrative aspects) an oversight, audit, or

detailed investigation in the field of contract management by

relevant institutions (Internal Auditor and General Auditor, Anti-

Corruption Agency, etc.) should be carried out.


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PUBLIC PROCUREMENT REGULATORY COMMISSION

7. Report on adressing of recommendations;

Action Plan for addressing recommendations given by the Auditor General on the Annual Financial Statements 2016

No.

Recommendations

Primary responsibility

Assistance

Planned date for full adressing

1 Recommendation 1 The PPRC President

should ensure that a comprehensive

analysis is undertaken to determine the causes

of the emphasis of matter. In this regard, actions should be

taken to address the underlying causes in a

systematic and pragmatic manner to remove errors in the

classification of capital expenditure

and to ensure the correctness of the capital assets register.

NAO

CFO

The PPRC will engage in addressing this

recommendation in cooperation with MoF.

As you are aware, the e-procurement project is ongoing and the

deadlines for completing this project have been impossible

to plan in the 2015, 2016 and 2017 budget.

Plan for fulfillment: 30.12.2017


should revise the action plan in order to clearly set out the

timetable and staff responsible for

implementing recommendations that are not implemented.

Initial focus should be put on recommendations

related to those areas of greatest

significance to

NAO

In process


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financial management and control.

3 Recommendation 3 The PPRC President should ensure that a

review of the processes for

completing the self-assessment checklist is implemented and

identified areas of weaknesses are addressed. A revised

mechanism to confirm the accuracy of the

return and to ensure supporting documentation

supports the submission should be applied.

NAO

31.12.2017


should ensure that a specific review is

implemented to determine the format of financial and

operational reporting to senior management which is required to

support effective business management

and ensure that an appropriate solution is in place by 1 October

2017.

NAO

In process

5 Recommendation 5

The PPRC President should ensure that the IAU

recommendations implementation

process is critically reviewed in order to enhance assurance on

efficiency and appropriateness of

NAO

30.06.2017


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financial management and control.

6 Recommendation 6 The PPRC President should ensure that

HR Office applies all the requirements of

civil service regulations to complete the records,

including the decisions on work experience of all staff.

NAO

30.06.2017


should undertake adequate measures to

ensure that all PPRC assets are reported in accordance with the

regulation on assets management and correctly disclosed on

the AFS.

Asset Officer

31.12.2017

5. FINANCIAL REPORT

Public Procurement Regulatory Commission

- 2017 Financial Report -

Receiving stamp of Proposals and Complaints Unit

Budget Organization Code: 230

Contact information:

Chief Administrative Officer Mr. Safet Hoxha

Chief Financial Officer Mr. Ismet Abdullahu

Date: 27.02.2018

1) Introduction: (Please provide, in text form, a summary of key developments in your organization's budget.

Do not exceed the space provided below!)

The Budget of the Public Procurement Regulatory Commission, allocated according to Law No. 05/L-125 on the Budget of the Republic of Kosovo, is € 430,053 and pursuant to the following economic categories: Salaries and Wages € 307,799, Goods and Services € 117,253, and Utilities € 5,000. Most share of the Public Procurement Regulatory Commission budget is allocated to Salaries and Wages respectively 71.57%, Goods and Services 27.26%, and Utilities 1.16%. Under the revised budget, under the Draft Law on Amending and Supplementing Law no. 05/L-125, to PPRC is € 561,208 and is allocated under economic categories as follows: Salaries and Wages € 307,799, Goods and Services € 187,253, Utilities € 5,000, and Capital Investments € 61,155.

The final budget in KFMIS differs from the annual budget and the revised budget and is € 509,207 allocated as follows: Salaries and Wages € 307,799, Goods and Services € 135,253, Utilities € 5,000, and Capital Expenditures € 61,155.

The budget spent amounted to € 415,347: Salaries and Wages € 247,005 or 48.53% of the final budget, Goods and Services € 104,919 or 20.62% of the final budget, Utilities € 2,351 or 0.46% of the final budget, Capital Expenditures € 61,072 or 11.99% of the final budget.

Given the overall assessment, it appears that the level of budget execution of the Public Procurement Regulatory Commission for 2017 amounted to 81.53% of the final budget. Allocation of funds was made based on cash flow plan prepared by the CFO in cooperation with the PPRC Board. This report will present, in detail, the expenditures made by PPRC budget for 2017, and comparison with the same period of 2016. PPRC Board, respectively the CFO, has been prudent coming to a situation where there are no available funds, or delayed payment of received invoices.

2) Summary of revenues and special expenditure categories:

((Please briefly indicate main changes in terms of estimated and actual amounts for each category. Do not

pass the space below)

a) Revenues:

The PPRC does not generate revenues.

b) Salaries and wages:

(Please attach organizational chart of your organization as an annex to this financial report and complete the

additional table regarding the payment structure in item 4 g) of this report)

PPRC Salaries and Wages category share to the final budget is € 307,799 or 60.44%. The budget amount spent in this category for 2017 is € 247,005 or 80.24%, or 59.46% compared to the spent budget of the PPRC.

c) Goods and services:

PPRC Goods and Services category share to the final budget is € 135,253 or 26.52%. The budget amount spent in this category for 2013 is € 104,919 or 77.77%, or 25.30% compared to the spent budget of the PPRC.

d) Utilities:

PPRC Utilities category share to the final budget is € 5,000 or 0.92%. The budget amount spent in this category for 2017 is € 2,351 or 47.02%, or 0.48% compared to the spent budget of the PPRC.

e) Capital Investments:

PPRC Capital Investment category share to the final budget is € 61,155 or 11.03%. These funds are allocated to the e-procurement project. The budget amount spent in this category for 2017 is € 61,072 or 99.86%, or 14.70% compared to the spent budget of the PPRC.

f) Subsidies and Transfers:

3) Summary:

(Please briefly present the final remarks regarding your institution's budget or views on future developments)

The report will present, in detail, the expenditures made by the PPRC budget for 2017, as well as their comparison with the same period of 2016.

As indicated in the table below, in the economic category Goods and Services in 2017, we have lower expenditures in almost all economic categories, due to delays in the completion of the e-procurement platform.

The comparison ratio between the revised budget and the spent budget is done by comparing it with the final budget.

In the details of expenditures for Goods and Services by economic codes in the economic sub-categories, we have some cases where we have planned expenditures but there is no expenditure realization and in other cases, we have a realization of unplanned expenditures.

The comparisons in table 4.b) are between the budget spent and the final budget in KFMIS; whereas in table 4.c) between the budget spent and the budget planned under the Law No. 05/L-125 on the Budget of the Republic of Kosovo.

Signature of the Head of Organization

4) Tables:

4.a) Revenues:

(Please complete the table with the necessary information. Extra rows can be inserted to the table)

Economic Code

Economic Category 2017 Revenues

projections

Own Source Revenues

transferred from 2016

Revenues in 2017

1 2 3 4 5

4.b) Expenditures:

(Please fill out the table with the necessary information.)

Economic Code

Economic

Category

Budget and Expenditures 2016

Annual Budget under the Law

on Budget (2017)

Revised Budget

2017 (if there changes

occurred)

Final budget 2017

Expenditures by 31

December2017

Commitments by 31

December

2017

Budget

committed (in %)

Budget spent (in

%)

Budget (2016)

Expenditures (2016)

% of

expenditure

1 2 3 4 5 6 7 8 9 10 11000 Salaries and Wages 228,385 228,385 100 307,799 307,799 307,799 247,005 247,005 80.19 80.19 13000 Goods and Services 490,835 429,762 80.37 117,253 187,253 135,253 104,919 104,919 77.77 77.77

13200 Utilities 2,681 2,681 100 5,000 5,000 5,000 2,351 2,351 47.02 47.02 30000 Capital Investments 61,155 61,155 61,072 61,072 99.86 99.86 21000 Subsidies and Transfers

Total 721,901 660,828 91.53 430,053 561,207 509,207 415,347 415,347 81.56

Goods and services 4.c) DETAILS OF EXPENDITURES BY ECONOMIC CODES

Budget

2016 Budget

2017

13000

GOODS AND SERVICES

Name of economic category

Projections

(2016)

Expenditures

(2016)

% of

expenditures

Projections

(2017)

Expenditures

(2017)

% of

expenditures

Total of Goods and Services

489,383 429,762 87.73 117,253 104,919 89.48

1310 OFFICIAL VISITS EXPENDITURES (SUB-TOTAL)

10,000 9,207.88 92.07 18,000 16,009.25 88.88

13130 In-country official travel expenditures

60

13131 In-country official travel wages

13132 In-country official travel accommodation

13133 Other in-country official travel expenditures

13140 Out-country official travel expenditures

3,537.48 2,795.70

13141 Out-country official travel wages 2,464 7,319.40

13142 Out-country official travel accommodation

883 3,602

13143 Other out-country official travel expenditures

2,263.40 2,292.15

1330 TELECOMMUNICATION SERVICES (SUB-TOTAL)

13,200 12,380 93.79 15,320 14,470 94.45

13310 Internet expenditures

13320 Mobile phone expenditures 13,200 12,380 15,120 14,470

13330 Postal expenditures 200

13340 Use of the optical cable expenditures

1340 EXPENDITURES FOR SERVICES (SUB-TOTAL)

401,030 362,546.92 80.90 26,483 14,374.19 53.46

13410 Education and training services 15,000 15,000 5,666.03

13420 Representation and advocacy services

13430 Different health services

13440 Different intellectual and advisory services

375,330 361,339.32

13450 Non-marketing printing services 1,600 212.40 6,483 1,381.40

13460 Other contracting services 9,100 995.20 5,000 7,326.76

13470 Technical Services

13480 Membership expenditures

1350 PURCHASE OF FURNITURE AND EQUIPMENT (LESS THAN 1000 EURO) (SUB-TOTAL)

24,453 15,154.99 61.97 18,000 7,025 38.90

13501

Furniture (less than 1000 euro) 953 4,571.32 10,000

13502

Phones (less than 1000 euro) 6,000 837

13503

Computers (less than 1000 euro) 11,500 5,000 5,000

13504 Information Technology Hardware (less than 1000 euro)

13505 Photocopy machine (less than 1000 euro)

4,000

13506 Special medical equipment (less than 1000 euro)

13507 Police service equipment (less than 1000 euro)

13508 Traffic equipment (less than 1000 euro)

13509

Other equipment (less than 1000 euro)

2,000 9,746.67 3,000 2,025

13510

Purchase of books and art pieces

1360 OTHER PURCHASES - GOODS AND SERVICES (SUB-TOTAL)

4,000 1,775.03 5,000 2,447.95 48.94

13610 Office supplies 4,000 1,775.03 4,000 2,447.95

13620 Food and drink supplies (not official lunches)

1,000

13630 Medical supplies

13640 Cleaning supplies

13650 Clothes supply

13660 Accommodation

13670 Ammunition and firearms

13680 Safety labels (banners)

13681 Seals

1370 OIL AND FUELS (SUB-TOTAL)

12,000 9,358.89 77.99 10,000 7,604.68 76.04

13710 Oil

13720 Central heating oil

13730 Heating oil

13740 Mazut

13750 Coal

13760 Wood

13770 Generator fuels

13780 Vehicle fuels 12,000 9,358.89 10,000 7,604.68

1380 ADVANCE ACCOUNTS (SUB-TOTAL)

13810 Cash advance

13820 Official travel advance

13821 Advance

13830 Goods and services advance

13850 Advance for Embassies

1390 FINANCIAL SERVICES (SUB-TOTAL)

13911 Bank commission - Central Bank

13912 Bank commission - Raiffeisen Bank

13913 Banking Provision – Pro Credit Bank

13915 Bank commission - Banka Private e Biznesit

13916 Bank commission - Banka

Ekonomike

13917 Bank commission - NLB

Banka Prishtina

13918

Commission for Different Fees

13940

KPA- Bank commission

1395 REGISTRATION AND INSURANCE SERVICES (SUB-TOTAL)

3,500 1,793.07 51.23 2,950 1,734.14 58.78

13950 Vehicle registration 3,500 1,793.07 400

13951 Insurance of vehicles 2,500 1,704.14

13952 Municipal fee for vehicle registration

50 30

13953 Buildings and other insurances

1400 MAINTENANCE (SUB-TOTAL) 16,000 10,199.30 63.75 13,000 35,425.90 272.00

14010 Maintenance and repair of vehicles 10,000 9,454.30 10,000 7,425.90

14020 Maintenance of buildings

14021 Maintenance of residential buildings

14022 Maintenance of business administrative buildings

14023 Maintenance of schools

14024 Maintenance of health facilities

14030 Maintenance of roads

14031 Maintenance of regional roads

14032 Maintenance of local roads

14040 Maintenance of Information Technology

5,000 745.00 2,000 28,000

14050 Maintenance of furniture and equipment

1,000 1,000

1410 RENT (SUB-TOTAL)

14110 Rent for buildings

14120 Rent for land

14130 Rent for equipment

14140 Rent for machinery

14150 Rent for other use of facility

1420 MARKETING EXPENDITURES (SUB-TOTAL)

1,200 280 23.33 1,000 371 37.10

14210 Advertising and vacancies 1,200 280 1,000 371

14220 Publications

14230 Expenditure for public information

1430 REPRESENTATION EXPENDITURES (SUB-TOTAL)

4,000 7,067.48 7,500 5,457.20 72.76

14310

Official lunch/s 4,000 7,067.48 7,500 5,457.20

1440 EXPENDITURES - DECISIONS OF THE COURTS (SUB-TOTAL)

14410 Expenditures – Court rulings

1700 DEBT SERVICING (SUB-TOTAL)

17000

Government debt payment

4.d). UTILITIES DETAILS BY ECONOMIC CODES

Budget

2016 Budget

2017

1320

Utilities Name of economic category

Projections (2016)

Expenditures (2016)

% of expenditure

s

Projections (2017)

Expenditures (2017)

% of expenditure

s

Total of Utilities 8,200 2,680.57 32.69 5,000 2,351.10 47.02

1320

UTILITIES (SUB-TOTAL) 8,200 2,680.57 32.69 5,000 2,351.10 47.02

13210 Electricity

13220 Water supply

13230 Waste

13240 Central heating

13250 Phone expenditures 8,200 2,680.57 32.69 5,000 2,351.10

4.e) CAPITAL INVESTMENTS: DETAILS OF EXPENDITURES BY ECONOMIC CODES

Budget 2016

Budget 2017

3000

CAPITAL INVESTMENTS Name of economic category

Projections (2016)

Expenditures (2016)

% of expenditures

Projections(2017)

Expenditures (2017)

Commitments up to

31.12.2017

% of expenditures

Total of Capital Investments

3110 BUILDINGS (SUB-TOTAL)

31110 Residential buildings

31120 Business administrative buildings

31121 Educational facilities

31122 Health facilities

31123 Cultural facilities

31124 Sports facilities

31125 Memorials

3120 ROAD CONSTRUCTION (SUB-TOTAL)

31210

Construction of roads

31220 Construction of regional roads

31230 Construction of local roads

31240 Sidewalks

31250 Sewage

31260 Water supply

31270 Investment maintenance

3150 POWER SUPPLY, GENERATION (SUB-TOTAL)

31510

Power supply, generation and transmission

3160 EQUIPMENT (SIST.WORTH OVER 1000 EURO) (SUB-TOTAL)

61,155 61,072 99.86 99.86

31600 Information Technology Equipment (worth over 1000 Euro)

61,155 61,072 99.86 99.86

31610

Information Technology Equipment

31620

Furniture

31630

Phones

31640

Computers

31650

Photocopy machine

31660

Special medical equipment

31670

Police service equipment

31680

Software

31690

Other equipment

3170 TRANSPORT VEHICLES (SUB-TOTAL)

31700

Official vehicles

31701

Trucks

31702

Jeep and Minibus

31703

Emergency/Ambulance vehicles

31704

Police service vehicles

31705

Motorbikes

31706

Other transport vehicles

3180 MACHINERY (SUB-TOTAL)

31800

Machinery

3190 OTHER CAPITAL (SUB-TOTAL)

31900

Other capital

31910

Advance payment for investments

3210 LAND (SUB-TOTAL)

32100

Land

3220 INTANGIBLE ASSET (SUB-TOTAL)

32200

Real estate

3310

CAPITAL TRANSFERS - ENTITIES (SUB-TOTAL)

33100

Capital transfers - public entities

4.f) SUBSIDIES AND TRANSFERS: DETAILS OF EXPENDITURES BY ECONOMIC CODES

Budget 2016

Budget 2017

21000 Subsidies and Transfers

Name of economic category

Projections(2016)

Expenditure (2016)

% of expenditures

Projections (2017)

Expenditures (2017)

% of expenditures Total of Subsidies and

Transfers

2100 SUBSIDIES

21110 Subsidies for Public Entities

21120 Subsidies for Public Entities

21200 Subsidies for Non- Public Entities

2200 TRANSFERS

22100 Transfers to other governments

22110 Unops-administration project- Kosovo Property Agency

22200 Payments for individual beneficiaries

22210 Basic pensions

22220 Pensions for people with disabilities

22230 Social assistance pensions

22235 KPC Pensions

22240 Pensions-Category I

22250 Pensions-Category II

22260 Payments for War Invalids

22270 Payments for Civilian Invalids

22280 Payments to the families of martyrs

22300 Payment-Court Ruling

4.g) Staff and salary structure in 2017:

(Please complete the table with the necessary information and attach your institution's organogram to this financial report)

Level Positions approved with the Law on Budget

2017

Filled Positions

2017

Budget approved

with the Law on Budget for Salaries and Wages 2017

Budget spent on salaries by 31 December

2017

Total additional payments

2017

Total number of employees

receiving additional payments

2017

a) Working hours (full-time/part-time) and

b) Specify the type of additional payment for 2017

1 2 3 4 5 6 7 8

Level of Board 3 3

Senior management

level

Management level

6

6

Professional level

27

26

Associate level

3

2

Total 39

37

307,799

247,004

9,600

4 IT Officials and Driver of the PPRC Chairman

Please attach the Organogram (organizational chart) of your organization.

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