Development of tenders/ Institutions can now transfer this service to the private sector

2024-03-05 07:43:30, Aktualitet CNA

Development of tenders/ Institutions can now transfer this service to the

Institutions that do not want to engage alone in the development of their own tenders can receive this service from public or private third parties.

In the Official Gazette, the amendments to the law on public procurements that enter into force on March 19 and that in one of the points provide for this aspect were published. Thus, after Article 21, a new Article 21/1 is added, which provides that the procurement service providers will play the role of the contracting authority in the procedures when this task is assigned to them by the interested party.

"The contracting authority or entity in order to carry out an auxiliary activity for public procurement, according to the provisions of article 4, item 43/1, of this law, may contract procurement service providers.

The procurement service provider exercises its activity based on this law and other legal and by-law acts in force.

The applicable rules for the payment of auxiliary activities and the cases when this payment can be made by the authority or contracting entity or economic operator are determined by the decision of the Council of Ministers.

In the case when the procurement service provider is contracted for the preparation and development of procurement procedures in the name and on behalf of the authority or contracting entity in question, he will exercise the powers as authority or contracting entity, provided for in the legal framework for the object that has taken over" is stated in this article.

Article 21/2 provides specifications regarding the selection of the procurement service provider, which in this case may be a public entity, an international private entity or a private entity that meets the required criteria, including experience in the field of procurement.

Another element that changes in the procurement law is the calculation of the limit fund for contracts, where it is determined that the limit value of the contract is carried out in the Electronic Procurement System from data obtained by interacting with other systems through the Government Interaction Platform.

Likewise, in cases where there are prices published by INSTAT for a particular element or for the totality of the contract items, the last 6 months are taken into account. When these data do not exist, the customs and taxation system is taken as the basis.

Other changes include the criteria for disqualification, the dynamic system and the electronic auction, the right to appeal, the training of appeals by the Public Procurement Commission or the obligations of the authority during the implementation of the contract./ Monitor.al