{"id":11526,"date":"2021-03-16T09:49:52","date_gmt":"2021-03-16T09:49:52","guid":{"rendered":"http:\/\/ndiqparate.al\/?p=11526"},"modified":"2021-03-16T09:49:52","modified_gmt":"2021-03-16T09:49:52","slug":"public-contracting-reform-ais-recommendations-for-programs-of-the-electoral-subject-2021","status":"publish","type":"post","link":"https:\/\/ndiqparate.al\/?p=11526&lang=en","title":{"rendered":"Public Contracting Reform, AIS recommendations for programs of the electoral subject 2021"},"content":{"rendered":"\n<p>Following years of monitoring and risk assessment in public procurement in the areas of public health, local government, and national infrastructure, AIS has drafted 7 proposals for the reform of public procurement and contracting. These recommendations will be proposed to the main parties in elections, suggesting their involvement in their electoral program and promises. The recommendations were drafted in the framework of the Governance for Change <a href=\"http:\/\/www.co-plan.org\/en\/qeverisje-per-ndryshim-propozime-te-shoqerise-civile\/\">Forum<\/a>, Proposals by civil society organized by <a href=\"http:\/\/www.co-plan.org\/en\/qeverisje-per-ndryshim-propozime-te-shoqerise-civile\/\">Co-Plan <\/a>and partners. The proposals will be officially handed over to the political parties running in the 2021 elections.<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter\"><a href=\"https:\/\/i1.wp.com\/ais.al\/new\/wp-content\/uploads\/153969506_4101884206489414_4773106380354815203_o.jpg\"><img src=\"https:\/\/i1.wp.com\/ais.al\/new\/wp-content\/uploads\/153969506_4101884206489414_4773106380354815203_o.jpg?w=790\" alt=\"\" class=\"wp-image-34094\" data-recalc-dims=\"1\"\/><\/a><\/figure><\/div>\n\n\n\n<p><strong>Public Procurements and Contracting, Recommendations for Public Procurement Reform<\/strong><strong><\/strong><\/p>\n\n\n\n<p>About 30 % of the tenders in sectors like Health, National Infrastructure, and Local Government Units have marked a high risk of irregularities in procedures over the last 3 to 5 years. Lack of competition, disqualification of Economic Operators with cost-effective bids, and finally the frequent cancellations of procedures are indications of a large room for clientelism and abuse of procured funds.<\/p>\n\n\n\n<p>The situation is even more critical in the case of Contracting being done through Special Laws without procurement, tenders, or secret contracting.<\/p>\n\n\n\n<p>Another major issue with procurement in the country, with serious consequences for public&nbsp; contracting and tenders, is the lack of control over the integrity of the contractual partners, when Contractors are Business Companies, whose Origin of Capital, or Origin of the Controlling Package, is in a country with a commercial register of <em>shell<\/em> companies, a register, where individual owners are not declared, and where confidentiality is preserved.<\/p>\n\n\n\n<p>In such cases, in addition to the typical irregularities, we face the risk of contracting companies that are in a conflict of interest or subject to laundering money generated from crime or corruption.<\/p>\n\n\n\n<p>The table above is based on, and illustrated with data from:<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter\"><img src=\"https:\/\/i2.wp.com\/ais.al\/new\/wp-content\/uploads\/153755276_4101885303155971_2012970291882857197_o.jpg?w=790\" alt=\"\" class=\"wp-image-34092\" data-recalc-dims=\"1\"\/><\/figure><\/div>\n\n\n\n<ul><li>Public procurements and risk assessment algorithm <a href=\"http:\/\/openprocurement.al\/en\/index\/index\">OpenProcurement.al<\/a><\/li><li>OpenCorporates.al Business contracted in <a href=\"http:\/\/opencorporates.al\/sq\/company\">tenders<\/a>, <a href=\"http:\/\/opencorporates.al\/sq\/company\">PPP<\/a>, or <a href=\"http:\/\/opencorporates.al\/sq\/oneeurocompany\">Albania 1Euro Program<\/a>.<\/li><\/ul>\n\n\n\n<p>Given the above, the country needs immediately a Reform in Public Procurement. This reform is not simply of legal character. Actually, legal changes often do not lead to results. Many changes regarding public procurement will have to be made on other laws. Procurement reform must start with elements like:<\/p>\n\n\n\n<ol type=\"1\"><li>Prohibition of &#8216;contracting through special laws&#8217; by law. The same should also apply to &#8216;changes to contracts by special laws&#8217;. Such laws are also known as ad hoc laws, special laws, laws used for one contract only, and contracting through political decision-making.<\/li><li>A legal framework that guarantees control of the integrity of the Public Contractors and that of the Capital Controlling Package. The law on the declaration of end beneficial owners should immediately enter into force and must be strictly implemented, especially for contractors or subcontractors of public contracts (public assets and funds).<\/li><li>Public monitoring, Integrity Pact or strengthening independent monitoring mechanisms and social auditing in the procurement process. Many countries that have undertaken reforms in the Public Procurement System have worked in partnership with specialised anti-corruption organizations. The external risk assessment system, independent auditing of criteria and commitment to the standards and principles of Open Contracting. Criteria in each procedure to be audited by specialized independent entities. Then the race is announced.<\/li><li>Application Shortlisting and periodic verification of the capabilities of Economic Operators. If an operator is periodically assessed, there is no reason to assess and disqualify it on a case-by-case basis. Disqualifying the operator with higher offers for basic criteria, accompanied by lack of complaints, is often an indicator of fictitiousness and arrangements among the competing businesses. This kind of disqualification is often found in tenders for National Infrastructure the Development Fund and the Albanian Road Authority, which are also high-portfolio institutions for tenders.<\/li><li>Transparency. No contract should become effective without having been first published. The same principle should apply to each stage of the contracting, from planning the contract to its final execution.<\/li><li>Application of <a href=\"https:\/\/www.open-contracting.org\/\">Open Contracting Partnership<\/a> principles and standards. Application of algorithms for <a href=\"http:\/\/openprocurement.al\/en\/redflag\/index\">risk <\/a>marking by institutions themselves.<\/li><li>National Anti-Corruption Strategy must contain a special chapter on Anticorruption in the Public Sector<\/li><\/ol>\n\n\n\n<p><a href=\"http:\/\/ais.al\/new\/wp-content\/uploads\/AIS-Recommendations-for-interventions-related-to-the-public-procurement-sector-1.pdf\">Other recommendations<\/a> are also published on the AIS organization\u2019s website<\/p>\n\n\n\n<hr class=\"wp-block-separator\"\/>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Following years of monitoring and risk assessment in public procurement in the areas of public health, local government, and national infrastructure, AIS has drafted 7 proposals for the reform of public procurement and contracting. These recommendations will be proposed to the main parties in elections, suggesting their involvement in their electoral program and promises. The recommendations were drafted in the framework of the Governance for&hellip; <\/p>\n","protected":false},"author":1,"featured_media":11524,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false},"categories":[55],"tags":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/ndiqparate.al\/wp-content\/uploads\/2021\/03\/153969506_4101884206489414_4773106380354815203_o.jpg?fit=1764%2C992&ssl=1","jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":25531,"url":"https:\/\/ndiqparate.al\/?p=25531&lang=en","url_meta":{"origin":11526,"position":0},"title":"AIS \/ Open Data Albania Submits Legislative Recommendations to the Ad Hoc Parliamentary Committee for the Implementation of Electoral Reform on the Use of Public Funds and the State Budget during Electoral Periods","date":"July 29, 2026","format":false,"excerpt":"Tirana 28 July 2026 AIS \/ Open Data Albania has submitted a package of legislative recommendations to the Ad Hoc Parliamentary Committee for the Implementation of Electoral Reform aimed at strengthening Albania\u2019s legal framework governing the use of public funds and the State Budget during electoral years and electoral periods,\u2026","rel":"","context":"In &quot;ODA in Press Releases&quot;","img":{"alt_text":"","src":"https:\/\/i2.wp.com\/ndiqparate.al\/wp-content\/uploads\/2026\/08\/Screenshot-2026-08-02-200626-1.png?fit=980%2C857&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":21936,"url":"https:\/\/ndiqparate.al\/?p=21936&lang=en","url_meta":{"origin":11526,"position":1},"title":"Mis-Use of Public Funds during Election Period: Civil Society Call for Amendments to Electoral Legislation ahead of 2025 Elections","date":"July 25, 2024","format":false,"excerpt":"Three civil society organizations engaged in issues of transparency, accountability and democratic culture have recently addressed a letter to the Parliamentary Committee for Legal Affairs and the Group of Dialogue. More specifically: \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the Albanian Institute of Sciences (AIS), promoter of Open Data Albania, with Executive Director Mrs. Aranita Brahaj. \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the\u2026","rel":"","context":"In &quot;ODA in Press Releases&quot;","img":{"alt_text":"","src":"https:\/\/i2.wp.com\/ndiqparate.al\/wp-content\/uploads\/2024\/07\/Screenshot-2024-07-24-164645-1.png?fit=933%2C557&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":24145,"url":"https:\/\/ndiqparate.al\/?p=24145&lang=en","url_meta":{"origin":11526,"position":2},"title":"Electoral Reform Must Begin with Clear Rules on Campaign and Political Party Financing","date":"May 20, 2025","format":false,"excerpt":"This was the main message highlighted in Inside Story on Top Channel, aired during the final week of the May 2025 electoral campaign. The report, titled \u201cElectoral Labyrinths\u201d, focused on the lack of transparency in electoral financing, the misuse of personal data, and problematic aspects of social media use during\u2026","rel":"","context":"In &quot;ODA in media&quot;","img":{"alt_text":"","src":"https:\/\/i1.wp.com\/ndiqparate.al\/wp-content\/uploads\/2025\/05\/WhatsApp-Image-2025-05-20-at-14.07.17-1.jpeg?fit=606%2C690&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":24214,"url":"https:\/\/ndiqparate.al\/?p=24214&lang=en","url_meta":{"origin":11526,"position":3},"title":"Voice of America broadcasted several views from civil society experts calling for legal reforms to prevent the misuse of public funds for electoral purposes. The head of the Electoral Commission stated that the Electoral Law must be amended, as it does not address any of the situations raised.","date":"December 27, 2024","format":false,"excerpt":"Voice of America broadcasted several views from civil society experts calling for legal reforms to prevent the misuse of public funds for electoral purposes. The head of the Electoral Commission stated that the Electoral Law must be amended, as it does not address any of the situations raised. In Tirana,\u2026","rel":"","context":"In &quot;ODA in media&quot;","img":{"alt_text":"","src":"https:\/\/i1.wp.com\/ndiqparate.al\/wp-content\/uploads\/2024\/12\/Screenshot-2025-05-29-171638.png?fit=1200%2C660&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":23187,"url":"https:\/\/ndiqparate.al\/?p=23187&lang=en","url_meta":{"origin":11526,"position":4},"title":"Corruption in Tendering. The Prime Minister proposes the use of AI, the opposition recommends AIS\u2019s Open Procurement Albania platform, a high-tech tool where 40% of procedures are identified as risky","date":"January 13, 2025","format":false,"excerpt":"The Prime Minister has proposed an Anti-Corruption Reform introducing the use of Artificial Intelligence in Public Procurement. The Parliamentary opposition, represented by Jorida Tabaku, MP and Chairwoman of the Incinerator Investigative Committee, suggested that the Government should, instead, use the platform Open Procurement Albania, a technological tool created by the\u2026","rel":"","context":"In &quot;ODA in Press Releases&quot;","img":{"alt_text":"","src":"https:\/\/i2.wp.com\/ndiqparate.al\/wp-content\/uploads\/2025\/01\/red-flag.png?fit=512%2C512&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":24340,"url":"https:\/\/ndiqparate.al\/?p=24340&lang=en","url_meta":{"origin":11526,"position":5},"title":"Draft Law on PPP Concessions: AIS (NGO) Raises Concerns regarding Compliance with EU Directives and Calls for Thorough Revision","date":"June 13, 2025","format":false,"excerpt":"The organization AIS, promoter of Open Data Albania, has taken part in the public consultation process with the Albanian Government following the preparation of the Draft Law on Concessions and Public - Private Partnerships (PPP). This draft law represents both an obligation and a commitment by the Albanian State to\u2026","rel":"","context":"In &quot;ODA in Press Releases&quot;","img":{"alt_text":"","src":"https:\/\/i2.wp.com\/ndiqparate.al\/wp-content\/uploads\/2025\/06\/Screenshot-2025-06-13-143412-1.png?fit=1200%2C721&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]}],"jetpack_shortlink":"https:\/\/wp.me\/pcJP0S-2ZU","_links":{"self":[{"href":"https:\/\/ndiqparate.al\/index.php?rest_route=\/wp\/v2\/posts\/11526"}],"collection":[{"href":"https:\/\/ndiqparate.al\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ndiqparate.al\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ndiqparate.al\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ndiqparate.al\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11526"}],"version-history":[{"count":1,"href":"https:\/\/ndiqparate.al\/index.php?rest_route=\/wp\/v2\/posts\/11526\/revisions"}],"predecessor-version":[{"id":11528,"href":"https:\/\/ndiqparate.al\/index.php?rest_route=\/wp\/v2\/posts\/11526\/revisions\/11528"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ndiqparate.al\/index.php?rest_route=\/wp\/v2\/media\/11524"}],"wp:attachment":[{"href":"https:\/\/ndiqparate.al\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11526"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ndiqparate.al\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11526"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ndiqparate.al\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11526"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}