Dear friends,
The Council of Ministers has approved Decision No. 531 / 2023 with the purpose of “Creating the State Joint Stock Company “Centered Purchases Operator JSC”, in order to perform Special Public Procurement Procedures”.
According to this decision, the Centered Purchases Operator is a joint-stock company, with State Capital, that operates on the basis of the Law on Merchant and Commercial Companies.
This decision of the Council of Ministers, published in the official gazette No. 133, dated 12/09/2023, is in violation of the Law on Public Procurement.
More specifically, the Article 4, point 1, letter b of Law 162/2020 on Public Procurement provides that “The Contracting Authority is any entity established to pursue a general interest of a non-economic or commercial nature.”
As a result, the Centered Purchasing Agency cannot function as a joint-stock company (commercial, economic character).
This DCM contradicts the Law on Public Procurement and must be immediately declared invalid by the Council of Ministers itself.
We call upon the Public Procurement Agency not to make any registration in the Electronic Procurement System for this Procuring Authority Entity created via a DCM, but in clear contradiction to the law.
If the Council of Ministers will not withdraw the DCM, the AIS/ Open Data Albania Organization will take legal steps demanding the Invalidity of the Act, through a Lawfulness Test Indictment.
Public Procurement is an important public sector, and the country is committed to meeting EU standards in the frame of the Integration process.
Aranita BRAHAJ
AIS / Open Data Albania