rks-gov.net · Web viewValue of signed contracts according to pulication time limits during 2010 and 2011 (€) Time limits: Contracts value 2010 Participation % Contracts value 2011

Report of public signed contracts during 2011

C O N T E N T

INTRODUCTION

1. Public Procurement Regulatory Commission ..........................4

2. Activities of Public Procurement Regulatory Commission during 2010......................................................................................6

3. Activities of Public Procurement Regulatory Commission during 2011.....................................................................................35

4. Enclosement and recommendations .....................................44

5. Annex: Budget expenditures of PPRC during 2011...............46

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I N T R O D U C T I O N

Based on article 87.2.13 of Public Procurement Law, No 04/L-042, Public Procurement Regulatory Commission (PPRC) annually has to prepare and deliver to the Government and Assembly an annual report that analyzes the activities of public procurement in Kosovo for the actual year, together with the recommendations for improvement of public procurement system and/or improvement of the law, and the report delivered not later than the end of February of the following year. This report has been compiled conform requests that come up from the Public Procurement Law, presenting a quietly detailed analyses on all public procurement activities developed in Kosovo, according to the public signed contracts during 01 January 2011 – 31 December 2011. The elaboration of this report also fulfills the request of Article 87.2.12 of Public Procurement Law, according to which PPRC has to gather, analyze and publish information on public procurement procedures and assigned public contracts. This is the seven following year that PPRC prepares this kind of report, trying to advance and complete it in the most possible way, with the goal to provide the Government and Assembly of Kosovo a full review on all public procurement activities during 2011. The report will also be welcomed for all international financial monetary institutions that operate in Kosovo, because they will have available such material in which are included public procurement activities in Kosovo according to the financial resources, values of the procurement contracts, types of procurement activities and procurement procedures. The report will also be useful for the various donors that in the future intent to invest in Kosovo, since based on the data of Report it can be stated that 82.80% of the budget for public procurements in Kosovo during 2010 was spent through open procedures that are the most transparent of public procurement.

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1. PUBLIC PROCUREMENT REGULATORY COMMISSION

According to the Law on Public Procurement in Kosovo, no. 04/L-042, Public Procurement Regulatory Commission has primary responsibility for overall development and functioning of public procurement rules and public procurement system in Kosovo through the exercise of authority, powers, functions and responsibilities which are expressly provided this law. Public Procurement Regulatory Commission has the responsibility and authority for: -to publish in the official web site all kinds of notices for contracts to send to the contracting authority; - contracting authorities to offer opinions about their decisions, actions or loopholes in procurement activities and contract management; - establish detailed rules to ensure proper implementation of this law by contracting authorities and rules for use and execution of each of the procedures set forth in Sections 33-37 of this Law, provided that such rules comply with the requirements and principles enshrined in this law and any applicable mandatory requirements of EU procurement; -prepare and disseminate procurement manuals, guidelines, forms and standard models of the tender documents and contracts under this law in favor of contracting authorities and economic operators; -enhance awareness among contracting authorities and economic operators to public procurement legislation and the objectives, procedures and methods; -provide technical assistance and advice to contracting authorities and economic operators on the implementation and interpretation of the provisions of this law and any documents issued by the PPRC; -provide and publish written interpretations of administrative decisions for both contracting authorities and economic operators on the implementation and interpretation of the provisions of this law and any document issued by the PPRC; -create manual and electronic systems for monitoring the implementation of this law by the contracting authorities, including the preparation of reporting forms that must be met by all contracting authorities subject to this law; -for each calendar year, prepare and submit to the Government and Assembly an annual report that analyzes public procurement

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activities in Kosovo for that calendar year, along with recommendations for improving the public procurement system and/or the present law, report that submitted no later than the end of February of the following calendar year; - support KIPA and other public training and education to ensure the achievement and maintenance of a high level of competence among procurement officers and other procurement professionals to implement sound procurement practices and enforcement of this law; - support the development of electronic procurement, electronic auctions and communication within the field of public procurement; inter operate and collaborate with other organizations at home and abroad on issues related to public procurement. - to develop and implement detailed rules regarding the sale of assets of the Contracting Authority. Public Procurement Regulatory Commission consists of three members. PPRC members are appointed for a term of five (5) years, and are nominated by the Government and appointed by the Assembly.

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2. PUBLIC PROCURTEMENT ACTIVITIES IN KOSOVA DURING 2011

Based on Section 87.2.18 of the Public Procurement Law No. 04/L-042, Public Procurement Regulatory Commission should prepare and maintain a comprehensive list of all contracting authorities in Kosovo that are obliged to implement the Law on Public Procurement. On January 1st, 2011 in Kosovo were 161 contracting authorities, while onOn December 31st, 2010 the number of these contracting authorities has increased to 161. Through annual reports for public signed contracts, which the contracting authorities have sent to the PPRC electronically during January 2010, the IT department has prepared the summarized annual report for all public procurements conducted in Kosovo during 2011. From altogether 161 contracting authorities that have existed in Kosovo at the end of 2010, 158 contracting authorities have submitted on time the annual reports, whereas 3 contracting authorities that have not sent the annual report at all. The contracting authorities that have not sent the annual reports are only the three municipalities from the northern part of Kosovo - the municipalities of Zvecan, Zubin Potok and Leposavic. Based on all reports received from the contracting authorities, it is noticed that during 2011 all over Kosovo were signed 12 310 public contracts conducted according to the Public Procurement Law of Kosovo including all types of procurement values. Further to this report we will present public procurements in Kosovo according to the contracts that were signed during 2011. Taking as a base the report of the previous year’s prepared by PPRC, according to the PPL requirement, this report shall present procurement activities, respectively all signed contracts by the contracting authority by analyzing the signed contracts according to the financial resources, type of contracting authorities, type of contracts, the value of the contracts, procurement procedures, annex contracts, the economic operators awarded with the contract, deadlines of publication and contract award criteria. Therefore, this report reflects the ongoing

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activities of all public procurement conducted during 2011 in Kosovo, analyzing and comparing with the previous years, so we see the trend of development of the procurement activities conducted in Kosovo.

2.1. NUMBER OF CONTRACTS SIGNED DURING 2011

NUMBER OF SIGNED CONTRACTS

Contracting Authorities: During 2009 During 2010 During 20111

Governmental 10955 9947 9305

Public companies 3786 3484 3001

Other 79 68 4

Total: 14820 13499 12310

Frame Contracts2 201Table 1

Based on Public Procurement Law of Kosovo, contractin authorities are obligated to present all signed contracts, including those with minimal amount. We start the analyze of signed contracts with separation of contracting authorities in budget organizations- Governmental, Public companies and other-NGO. We know that this separation does not present a real review of financing, since a considerable number of public companies in Kosovo are still financed by CBK. Anyway, we will attempt, based on this separation, to reflect the number of signed contracts in table 1 and graphic 1 during three last years from mentioned contracting authorities. Also, during 2011 for the first time are evident Frame Contracts from contracting authorities. So now these kind of contracts are 1 In the number of signed contracts are also included 183 annex contracts.2 Frame contracts are reflected on approximate number, since we think this number is higher,since these contracts have been reported from CA during 2011.

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eventually lately used especially from contracting authorities as Kosovo Energy Corporation J.S., Post and Telecommunication of Kosovo J.S., Ministry of Finance, Ministry of Health, Prishtina Municipality, Constitutional Court of Kosovo, Iber-Lepenc J.S.C., Ministry of Europian Integration, Ministry of Foreign Affairs. In table 1 is the approximate number of these contracts reported by contracting authorities since this kind of contracts has been used very much just during 2011, since just in 2011 the secondary legislation for this kind of contracts has been completed. It is impossible to specify the amount of these contracts since they have been signed with price per unit, but we can state that their amount was high because we deal mostly with supplies as fuels and services as object security, maintenance of objects etc., what gives us a considerable amount in procurement activities developed in Kosovo.

Governmental Public companies Other0

2000

4000

6000

8000

10000

12000 10955

3786

79

9947

3484

68

9305

3001

4

Number of signed contracts during 2009 , 2010 and 2011

Number of contracts 2009 Number of contracts 2010 Number of contracts 2011

Graphicon 1

2.2. THE VALUE OF SIGNED CONTRACTS DURING 2011

VALUE OF SIGNED CONTRACTS (€)Contracting authorities:

Value of contracts 2009



3 The value of signed contracts also includes the value of annex-contracts in the amount of 5.483.000,79€ Page 9 / 54


Governmentale

529,849,302.73

286,739,192.67

284,714,229.60

Public Companies

245,382,175.36

194,579,794.27

267.260.689,03

Other

2,922,036.94

749,861.62

175.849,56

Total : 778,153,515.03

482,068,848.56

552,150,768.20

Note:The contract for construction of Morinë-Merdare Highway from Ministry of Infrastructure 4

106.883.295,92 236.165.999,52

Table 2As we see from table 2, we have reflected the value of contracts signed during three last years. Contract for construction of Morine-Merdare Highway, Sector 7, signed during 2010 in the value of 659,813,399.88€ it has been introduced as special because the mentioned contract is a high amount contract and according to the Ministry of Infrastructure this contract is a long term contract and the predicted amount for 2010 was 106,883,295.92€, while the amount for 2011 is 236.165.999,52€ which is reflected in graphic 2.

4 The contract for construction of Morine-Merdare Highway,Ministry of Infrastructure, in total: 659.813.399,88€ Amount of 106.883.295,92€ has been predicted for 2010 and amount of 236.165.999,52€ during the 2011.

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Predicted part for 2011236.165.999,52€

Contract signed during 2010 (Morinë-Merdar Highway Sector 7 ; Ministry of Infrastructure , in value 659,813,399.88€ )

Graphic 2

Governmental Public companies Other -

100,000,000.00

200,000,000.00

300,000,000.00

400,000,000.00

500,000,000.00

600,000,000.00 529,849,302.73

245,382,175.36

2,922,036.94

286,739,192.67

194,579,794.27

749,861.62

284,714,229.60

267,260,689.04

175,849.56

The value of signed contracts during 2009,2010 and 2011

The value of contracts 2009 The value of contracts. 2010

Graphic 3Based on contracting authority’s classification, as above in table No.2 and graphic No 3 we are presenting the value of signed contracts, during the last three years

Graphic No 4 presents the structure, or participation of the value of signed contracts during 2011. Budget organizations-governmental participate with 51,57%, public companies with 48,40% as for the other authorities-NGOs with just 0,03% in total amount of signed contracts.

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Governmen-tal

51,57% Public Co-manies48,40%

Other0,03%

The participation of contracts signed during 2011

Graphicon 4

VALUE OF SIGNED CONTRACTS ACCORDING TO FINANCING SOURCE (€)

Financing source: Value of contracts 2009 Value of contracts 2010Value of contracts

2011

Self incomes5

178,936,718.11

149,546,783.32

222.248.360,71

Kosovo Consolitadated

Budget 586,539,985.2

8 326,250,504.

21

323,841,023.84

Donation 12,676,811.6

4 6,271,561.03 6.061.383,65

Total : 778,153,515.03 482,068,848.56

552,150,768.20

Note:The part of contract of Morinë-Merdare highway from Ministry of Infrastructure 106.883.295,92 236.165.999,52

2.3. VALUE OF SIGNED CONTRACTS DURING 2011ACCORDING TO

THE FINANCING SOURCE

Table 3 In table 3 and graphic No 4 is presented the value of signed contracts, based on financing source. From self incomes the value of

signed contracts during 2011 is 222.248.360,71€. From Kosovo 5 Self incomes present the incomes of public companies.

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Consolidated Budget the value of signed contracts appears to be 323,841,023.84€, as far as the value of donations of signed contracts

appears 6.061.383,65€.

Self incomes Kosovo Consolitadated Budget

Donation -

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

178,936,718.11

586,539,985.28

12,676,811.64

149,546,783.32

326,250,504.21

6,271,561.03

222,248,360.71

323,841,023.84

6,061,383.65

Value of signed contrats during 2009 ,2010 and 2011 based on financing source

Value of contracts 2009 Value of contracts 2010 Value of contracts 2011

Graphic 4Structure of value of signed contracts based on financing source is reflected on graphic No5, where Self incomes of companies participate with 40.25%, Consolidated Budget of Kosovo with 58.66%, and donations with 1.09%.

Self incomes40,25%

Consolidated Budget of Kosovo

58,66%

Donations1,09%

Participation on the signed contracts during 2011 based on financing source

Graphic 5

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2.4. VALUE OF CONTRACTS SIGNED DURING 2011 ACCORDING TO THE PROCUREMENT TYPE

VALUE OF CONTRACTS SIGNED ACCORDING TO THE PROCUREMENT TYPE (€)

Lloji i prokurimit: Value of contracts 2009Value of contracts

2010Value of contracts

2011

Supplies 289,392,796.00 220,318,579.03 308,709,092.99

Services6 62,266,651.91 59,572,746.08 64,305,010.99

Design Contest 1,667,506.79 1,075,246.37 2,158,906.03

Works 424,806,560.33 201,102,277.08 176,977,758.19

Total : 778,133,515.03 482,068,848.56 552,150,768.20

Note: The part of the contract fot the construction of Morinë-Merdare Highway from

the Ministry of Infrastructure 106.883.295,92 236.165.999,52 Table 4

According to the kind of procurement, where contracts has as its object, in table No4 and graphic No.6, the value of contracts signed for supplies during 2011 reached 308,709,092.99€. Value of signed contracts for services reached 64,305,010.99€, while compared with last year we have an slight increase which shows the same trend with the last years, since the need for different professional services in our country increases day by day, depending on the trends of general economic development. Value of contracts signed for design contest is 2,158,906.03€. While the value of contracts signed for works reaches 176.977.758, 19€, and if this value and if this value we add the value of Morinë- Merdar highway in amount planned for 2011, of 236.165.999, 52€, the value of co ntracts for works during 2011

6 In the value of contracts for services are also included cons lent services. Page 14 / 54


reaches 413.143.757,71€.

Supplies Services Design Contest Works -

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

289,392,796.00

62,266,651.91 1,667,506.79

424,806,560.33

220,318,579.03

59,572,746.08 1,075,246.37

201,102,277.08

308,709,092.99

64,305,010.99 2,158,906.03

176,977,758.19

Value of signed contracts during 2009,2010 and 2011 accord-ing to the procurement type

Value of contracts 2009 Value of contracts 2010 Value of contracts 2011

Graphic 6

Supplies55,90%

Services11,63%

Design con-test

0,39%

Works32,08%

Structure of the value of signed contracts during 2011 accord-ing to the procurement type

Graphic 7

Graphic No. 7, represents the structure or participation of contract signed according the value in total contract signed during 2011. Supply contracts participate with 55,90%. Contract for services with 11.63%, contracts for design contest with 0.39 %, while the contract for work participate with 32.08%.

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In the graphic No 8 is presented the structure or the participation of signed contracts, according to their total signed contracts value during 2011, where the value of the contracts for work we add the value of Morine-Merdare Highway predicted for 2011 in 236.165.99, 52€ and the total value of contracts for work during 2011 reaches 413.143.757, 71€ or 52.43% in total value of signed contracts.

Works52,43%

Services8,15%

Design Con-test

0,27%

Supplies39,15%

Structure value of signed contracts during 2011 according to pro-curement type ( the part of highway predicted for 2011 is added at

works, in value of 236.165.999,52)

Graphic 82.5. VALUE OF SIGNED CONTRACTS DURING 2011 ACCORDING

TO PROCUREMENT VALUE

VALUE OF SIGNED CONTRACTS ACCORDING TO THE PROCUREMENT VALUE (€)

Type of the procurement value:

Value of contracts



2011

Large value 575,602,784.31 298,457,903.83 362,942,453.16

Medium value 171,592,255.32 156,188,246.69 163,603,179.07

Small value 27,080,232.79 24,490,421.94 23,111,720.20

Minimal value 3,878,242.61 2,932,276.10 2,493,415.77

Total : 778,153,515.03 482,068,848.56 552,150,768.20

Note: The part of the contract fot the construction of Morinë-Merdare Highway from the Ministry of

106.883.295,92 236.165.999,52

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Infrastructure Table 5

Signed contracts divided according to the type of contract value in table no.5 and graphic no.9, present that according to the large value, the value of contract signed during 2011 is 362.942.453,16€.

Large value Medium value Small value Minimal value0.00

100,000,000.00

200,000,000.00

300,000,000.00

400,000,000.00

500,000,000.00

600,000,000.00

700,000,000.00Value of signed contracts during 2009, 2010 and 2011

according to the value of procurement

Graphic 9

Contracts signed with medium value reached the price of 163,603,179.07€, contracts signed with small value are 23,111,720.20€. Contracts signed with minimal value are 2.493.415, 77€.

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Large value65,73%

Medium value29,63%

Small value4,19%

Minimal value0,45%

Structure value of signed contracts during 2011 according to the procurement type

Graphic 10

Based on graphic No.10, we see that participation of contracts with large values, in the total value of signed contracts during 2011, is 65.73%. Contracts with medium value participate with 29.63%. Contracts with small value participate in the total value of signed contracts with 4.19%, while contracts with minimal value participate with 0.45%.

2.6. VALUE OF SIGNED CONTRACTS DURING 2009, 2010 AND 2011 ACCORDING TO PROCUREMENT PROCEDURES

VALUE OF SIGNED CONTRACTS ACCORDING TO PROCUREMENT PROCEDURES (€)

Procedure type:Value of contracts



2011

Open procedure 660,305,834.65 412,030,313.41 457,187,278.28

Restricted procedure 0.00 0.00 7,450,000.80

Design contest 1,687,506.79 1,075,246.37 2,158,906.02

Negotiated procedures after publication of contracts notice 3,027,620.00 9,791,913.24

26,600,075.83

Negotiated procedures without 84,235,456.82 34,295,214.22

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publication of contract notice 33,837,639.27

Price Quotation 25,078,675.39 22,403,715.17 21,971,811.73

Minimal value procedures 3,818,421.38 2,930,021.10 2,487,481.32

Total : 778,153,515.03 482,068,848.56 552,150,768.20

Note: The contract for construction of Morine-Merdare Highway, Sector 7 106.883.295,92 236.165.999,52

Table 6

Analyses of contract signed divided according to the type of procedures in table 6, and graphic 11, represent that value of contracts signed under the open procedure during 2011 is 457,187,278.28€. During 2011 we have 7.450.00, 80 € procurements presented. The value of contract signed for design contests during 2011, is 2,158,906.02€, whereas the value of contracts signed according to the negotiated procedures after publication of contracts notice during 2011, is 26.600.075, 83€. Whereas the value of contracts signed according to the negotiated procedure without publication of contract notice during 2011 is 34.295.214, 22€ and the value of contracts signed according to price quotation procedure during 2011, is 21,971,811.73€. Meanwhile, the value of contracts signed according by minimal value procedures, during 2011 is 2.487.481, 31€.

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Open proce-dure

Restricted procedure

Design contest

Negoti-ated pro-

cedures af -ter publi-cation of contracts

notice

Negoti-ated

proce-dures

without publica-tion of

contract notice

Price Quo-tation

Minimal value proce-dures

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

Value of signed contracts during 2009,2010 and 2011 accord-ing to procurement procedures

Graphic 11

Open procedure82,80%

Restricted1,35%

Design contest0,39%

Negotiated pro-cedure after pub-lication of con-

tract notice 4,82%

Negotiated procedure

without publi-cation of con-

tract notice6,21%

Price quotation3,98% Minimal value procedure

0,45%

Total - Value participation of signed contracts during 2011 according to procurement procedures

Graphic 12

Analyses of structure or participation of implemented procedures during 2011 in graphic No. 12, which represent the participation of the open procedures in general signed contracts is 82.80%, which is one of the most used procedures and known as the most transparent procedures.

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During 2011 restricted procedure has also been used and the value participation of signed contracts is 1.35%. Also participation of negotiated procedures after publication of contract notice is 4.82%, and participation of negotiated procedures without publication of contract notice during 2011 is 6.21%, which that is a specific decrease comparing with previous years. Whereas during 2008 this participation was 16.07%, during 2009 was 10.83%, during 2010 this participation was decreased in 7.02% and during 2011 was 6.21%. It is very obvious that participation of negotiated procedures without publication of contract notice is in continuing decrease, so it shows a very positive trend of using the procurement procedures. While the participation of the price quotation procedure is 3.98% and according the minimal value procedures is 0, 45 %, while the design contest participates with 0, 39 % in general value of signed contracts during 2011. So we ascertain that using of open procedure and continually decrement of using the negotiated procedure without publication of contract notice are very hopeful indicators for public procurement, for the economy in Kosovo and its future movement towards the EU.

Open83,98%Restricted

2,62%

Design contest0,74%

Negotiated proce-dure without pub-lication of contract

notice6,08% Price quotation

5,98% Minimal value procedure0,60%

Governmental - value particiation of signed contracts during 2011 according to procurement procedures

Graphic 13

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Graphic no.13, represent the usage using of procurement procedures at budgetary organization or government. Graphic 14 reflects the use of the procurement procedures at Public Companies and graphic 15 represents the use of procurement procedures at other organizations-NGOs.

Open81,54%

Restricted0,00%

Design contest0,01%


notice6,35%


0,30%

Public companies-Value participation in the signed contracts during 2011 according to procurement procedures

Graphic 14

Open98,93%

Restricted0,00%

Design contest0,00%


notice0,00%


0,00%

Other/NGO/Value participation on the signed contracts during 2011 according to procurement procedures

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Graphic 15

2.7. VALUE OF SIGNED CONTRACTS DURING 2011 ACCORDING TO THE TYPE OF PROCUREMENT

Table 7

In table no. 7 and graphic 16 we have represented the value of signed contracts according to the type and combination of contract value according the procurement procedures during 2011. So here is represented each type of procurement by the type of procurement procedure used.

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VALUE OF SIGNED CONTRACTS ACCORDING TO THE TYPE AND PROCUREMENT PROCEDURES 2011 (€)

Procurement

type

Procurement procedures

Open

Restricted

Design contest

Negotiated after

publication of

contract notice

Negotiated without publicatio

n of contract notice

Price quotation

Minimal value

procedure

Total:

Supplies

244,547,607.83

-

-

26,194,01

5.68

21,947,26

3.73

14,082,769.

48

1,937,43

6.28

308,709,093.00

Services

44,581,249.8

8

7,450,000

.80 -

374,400.0

0

5,536,475.

11

5,825,564.

30

537,320.

90

64,305,010.99

Design contest

-

-

2,158,90

6.02 -

-

-

2,158,906.02

Works

168,058,420.57

-

-

31,660.15

6,811,475.

38

2,063,477.

95

12,724.1

4

176,977,758.19

Total

457,187,278.28

7,450,000

.80

2,158,90

6.02

26,600,07

5.83

34,295,21

4.22

21,971,811.

73

2,487,48

1.32

552,150,768.20

Note: The part of the contract for construction of Morine-Merdare highway, sector 7, from the Ministry of Infrastructure

236.165.999,52


Procedur e hapur

Procedur e kufizuar

Konkurs i pro-jektimit

E negociuar pas pub-likimit të

njoftimit të kontratës

E negociuar pa publikim

të njoftimit të kontratës

Kuotim i çmimeve

Procedur vlera minmale

-

50,000,000.00

100,000,000.00

150,000,000.00

200,000,000.00

250,000,000.00

300,000,000.00

Value of signed contracts during 2011 according to procurement type and used procedures

Graphic 16

2.8. SIGNED CONTRACTS AND ANNEX CONTRACTS

VALUE OF SIGNED CONTRACTS AND ANNEX CONTRACTS DURING 2010 DHE 2011 (€ )Contracts: Contracts value

2010 (€ )Participation

2010 %Contracts value

2011 (€ )

Participation 2011 %

Signed contracts

474,462,253.89 98.42 546,667,767.41 99,01

Annex contracts 7,606,594.67 1.58 5,483,000.79 0,99

Total: 482,068,848.56 100.00 552,150,768.20 100,00

Note: The part of contract for construction of Morine-Merdare Highway, from the Ministry of Infrastructure

236.165.999,52

Table 8

As above on table no.8, shows that value of contract signed during 2011 is 546,667,767.41€, with participation of 99.01% in general value of contract signed, whereas the value of annex

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contracts reach was 5.483.000,79€, or with participation of 0.99% in general value of contract signed that is 552.150.768,20€ .

2.9. VALUE OF SIGNED CONTRACTS BASED ON LOCAL AND NON-LOCAL ECONOMIC OPERATORS

VALUE OF CONTRACTS SIGNED FROM LOCAL AND NON-LOCAL EO DURING 2009,2010 DHE 2011 (€ )

Economic operators:

Contracts value

2009

Contracts vale

2010

Contracts value

2011

Local operators 665,339,300.78 382,871,695.74 411,401,311.14

Non-local operators 112,814,214.24 99,197,152.82 140,749,457.06

Total : 778,153,515.02 482,068,848.56 552,150,768.20

Note: The part of contract for the construction of Morine-Merdare Highway from the Ministry of Infrastructure 236.165.999,52

Table 9

From the analysis made on the value of contracts signed during 2011, divided according to the contract award of local and non-local economic operators, in table 9, graphic 17, it arise that the value of contracts awarded to the local operators is 411,401,311.14 €, while the participation in the general value of contracts signed during2011 is 74.51%. While the value of contracts signed during 2011 by non-local operators is 140.749.457, 06€ and with the participation of 25.49% in the general structure of contracts signed during 2011.

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Local economic operators

74,51%

Non-local economic operators

25,49%

Value structure of the contracts according to local and non-local economic operators during 2011

Graphic 17

2.10. VALUE OF SINGED CONTRACTS ACCORDING TO THE PUBLICATION TIME LIMITS

VALUE OF SIGNED CONTRACTS ACCORDING TO PULICATION TIME LIMITS DURING 2010 AND 2011 (€)

Time limits: Contracts value

2010

Participation %

Contracts value

2011

Participation %

Normal time limits

387,245,825.97 80.33 404,670,040.76 73,29

Reduction of time limit

94,823,022.59

19.67

147,480,727.4426,71

Total : 482,068,848.56 100.00 552,150,768.20 100,00

Note: The part of the contract for contrsuction of Morine-Merdare Highway, from the Ministry of Infrastructure

236.165.999,52

Table 10

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Data on table 10, the value of contract signed from contract authorities with normal time limits is 404,670,040.76€ and participating with 73.29 % in general value of contract signed during 2011. While the value of contract signed published with reduction time limit reach 147,480,727.76€, respectively participating with 26.71% in general number of contract signed during 2011.

2.11. VALUE OF SIGNED CONTRCACTS ACCORDING TO THE CONTRACT AWARD CRITERIA

VALUE OF CONTRACTS ACCORDING TO THE CONTRACT AWARD CRITERIA DURING 2010 AND 2011 (€ )

Criteria for contract award:

Contracts value

2010Participation 2010 ( %)

Contracts value

2011

Participation 2011

( %)

Lowest price 406,682,846.64 84.36 466,774,789.71 84,54

Economic advantegous price 75,386,001.92

15.64 85,375,978.49 15,46

Total : 482,068,848.56 100.00 552,150,768.20 100,00

Note: The part of the contract for the construction of Morine-Merdare Highway, from the Ministry of

Infrastructure 236.165.999,52 Table 11

As seen in table 11, the value of contracts signed by the contracting authority according a criteria for awarded the lowest price is 466,774,789.71€, and participation of 84.54 % in the general number of contracts signed during 2011. The value of contract signed for award the economically most advantageous reached 85,375,978.49€, respectively with the participation of 15.46% in the general number of contracts signed during 2011.

2.12. THE AVERAGE NUMBER OF TENDERERS THAT PARTICIPATE FOR PROCUREMENT DURING 2011

Page 27 / 54


Graphic No 18 reflects the average number of tenderers that participate for a tender or procurement in Kosovo during 2011. While the average during the year shows that for a tender have offered 5,10. So we find out that the competition in public procurement during 2011 was in a good level.

January

February

March AprilMay

JuneJuly

August

September

Oktober

November

December

1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0

10.0

4.4 4.7 5.1 5.6 5.7 5.9 5.8 5.3 4,9 5.0 4.4 4,0

The average number of tenderers that participate for a tender during 2011

Graphic 18

2.12. THE VALUE OF SIGNED CONTRACTS DURING THE YEARS 2007-2011

Page 28 / 54


2007 2008 2009 2010 20110.00

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

402,228,436.90

826,483,562.67 778,153,515.03588,952,144.48

788,316,767.72

Value graphic of signed contracts from2007 until 2011 (€)

Graphic 18.a

2.13. THE VALUE OF SIGNED CONTRACTS IN REPORT WITH GDP IN KOSOVO DURING 2011

The general value of the public procurement during 2011, is 552,150,768.20€, which represents 11.88 % of GDP (Gross Domestic Product in 2011 in Kosovo = 4.649.000.000.00€) . Graphic 19 represent the participation as follows:

Page 29 / 54


Participation of Public Procurement in GDP

11,88%

Value participation of signed contracts in GDP during 2011

Graphic 19

Participation of Pub-lic Procurement in

GDP16,96%

Value participation pf signed contracts (also adding the part of highway predicted for 2011) në Gross Domestic Product

Graphic 20

In graphic No 20 is reflected the participation of signed contracts together with the predicted value for 2011 of Morine-Merdare Highway (552,150,768.20€ + 236.165.999,52€= 788.316.767,72) in GDP what was 4.649.000.000,00€.

Page 30 / 54


2.14 NUMBER AND VALUE OF SIGNED CONTRACTS IN KOSOVO FROM CONTRACTING AUTHORITIES DURING 2011

NR CONTRACTING AUTHORITIES NO OF CONTRACTS7

VALUE OF CONTRACTS (€)

PARTICIPATION

(%)

1 Kosovo Tax Administration 78 1.831.610,00 0,33

2 International Prishtina Airport

Adem Jashari

65 9.869.243,49 1,79

3 Kosovo Agency for Intellegence 35 103.065,12 0,02

4 Veterinary and Groceries Agency 42 814.431,82 0,15

5 Kosovo Cadastral Agency 22 445.492,99 0,08

6 Privatisation Agency of Kosovo 66 1.761.646,98 0,32

7 Agency for Administration of Secuestrated or Confiscated Wealth

16 42.008,92 0,01

8 Kosovo Forest Agency 24 829.245,15 0,15

9 Kosovo State Agency for Archives 19 31.067,08 0,01

10 Kosovo Agency for Medical Products 14 82.667,30 0,01

11 Kosovo Property Agency 83 463.285,75 0,08

12 Central Procurement Agency 32 1.471.205,21 0,27

13 Anticorruption Agency 28 66.924,69 0,01

14 Academy of Arts and Science 26 77.018,06 0,01

15 Civil Aviation Authority 21 71.408,41 0,01

16 Railway Regulatory Authority 9 4.557,50 0,00

17 Telecommunication Regulatory Authority 24 282.424,37 0,05

18 National and University Library of Kosovo 47 89.992,10 0,02

19 Community Development Fund/CDF 4 175.849,56 0,03

7 Signed contracts include all contracts, which means that also inscludes contracts with minimal value.Page 31 / 54


20 Kosovo Customs 77 1.165.194,83 0,21

21 Drini i Bardhë Pejë 3 163.279,13 0,03

22 Statistical Office of Kosovo 9 29.786,00 0,01

23 Constitutional Court of Kosovo 43 267.433,09 0,05

24 Kosovo Railways 66 2.983.882,25 0,54

25 Hortikultura Prishtinë 34 50.197,22 0,01

26 Infrakos 48 84.653,31 0,02

27 Kosovo Police Inspectorate 18 113.701,53 0,02

28 Ombudsperson 101 165.338,60 0,03

29 Albanian Institute 13 60.318,00 0,01

30 Kosovo Court Institute 26 151.606,50 0,03

31 KIPA 5 9.240,10 0,00

32 Institute of Medical Labour Kosova-Gjakova 22 82.743,75 0,01

33 National Institute of Public Health 22 95.416,61 0,02

34 National Institute of Public Health of Kosovo, Ferizaj

1 0,00 0,00

35 M Deçan 119 3.776.442,15 0,68

36 M Dragash 127 1.993.133,99 0,36

37 M Drenas 199 3.126.282,71 0,57

38 M Ferizaj 246 6.861.125,11 1,24

39 M Fushë Kosovë 96 2.230.071,66 0,40

40 M Graçanica 153 3.356.840,42 0,61

41 M Gjakovë 106 3.896.914,99 0,71

42 M Gjilan 171 6.122.138,86 1,11

43 M Hani i Elezit 64 859.847,87 0,16

44 M Istog 128 2.701.633,27 0,49

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45 M Junik 49 989.766,85 0,18

46 M Kaçanik 97 1.602.415,75 0,29

47 M Kamenicë 118 2.307.600,55 0,42

48 M Klinë 106 4.129.539,52 0,75

49 M Kllokot 18 210.165,74 0,04

50 M Lipjan 87 4.714.701,32 0,85

51 M Malisheve 167 3.400.252,33 0,62

52 M Mamushe 38 257.385,03 0,05

53 M Mitrovice 347 3.955.112,57 0,72

54 M Novo Berd 82 910.037,19 0,16

55 M Obiliq 112 1.949.123,84 0,35

56 M Partesh 13 1.203.038,02 0,22

57 M Peje 269 4.810.275,55 0,87

58 M Podujeve 153 7.500.667,00 1,36

59 M Prishtine 258 37.900.854,09 6,86

60 M Prizren 364 13.504.241,51 2,45

61 M Rahovec 111 5.184.854,01 0,94

62 M Ranillug 39 345.166,26 0,06

63 M Skenderaj 62 5.859.635,68 1,06

64 M Suhareke 212 6.275.238,35 1,14

65 M Shterpc 58 2.356.635,60 0,43

66 M Shtime 81 2.030.637,77 0,37

67 M Viti 97 2,095,629.42 0,38

68 M Vushtrri 246 4.850.559,44 0,88

69 Independent Supervision Council for Civil Service of Kosovo

9 10.632,90 0,00

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70 Independent Commission for Media 28 193.015,51 0,03

71 Independent Commission for Mining and Minerals

71 529.734,84 0,10

72 Kosovo Competition Commission 7 10.009,96 0,00

73 Commission for Judicial Support 18 47.253,61 0,01

74 Central Election Commission 51 343.864,21 0,06

75 Public Procurement Regulatory Commission 17 95.905,63 0,02

76 Kosovo Landfill Management Company 25 835.553,46 0,15

77 Regional Waste Company “HIGJIENA” Gjilan 18 355.038,58 0,06

78 Regional Water Company"Southern Hydroregion "JS.-Prizren

82 440.146,54 0,08

79 Regional Water Company “HIDROSISTEMI RADONIQI” JS./ Gjakovë

72 436.633,03 0,08

80 Regional Water Company “Hidromorava JS. “Gjilan

18 177.027,02 0,03

81 Regional Water Company ”Radoniqi&Dukagjini” Gjakova

15 179.590,11 0,03

82 Regional Waste Company” Ambienti” - Peja 42 240.288,22 0,04

83 Regional Waste Company “ Pastërtia “ JS. Ferizaj

22 269.104,79 0,05

84 Regional Waste Company Çabrati - Gjakova 6 308.116,00 0,06

85 Regional Waste Company Ekoregjioni-Prizren 1 115.390,00 0,02

86 Regional Waste Company Pastrimi - Prishtinë 81 489.959,84 0,09

87 Regional Waste Management Company "Uniteti" Mitrovica

12 336.433,96 0,06

88 Regional Water Company Hidrodrini JS. Peja 30 337.345,71 0,06

89 Regional Water Company”Prishtina” 100 2.061.296,51 0,37

90 Regional Water Company ’’ Mitrovica”JS. Mitrovicë

49 575.013,36 0,10

Page 34 / 54


91 Kosovo Energy Corporation KEC JS. 1140 213.677.633,63 38,70

92 KOSTT JS. 172 11.061.233,26 2,00

93 KPK “Urban Traffic” - Prishtina 5 4.589,60 0,00

94 KRUK "BIFURKACIONI" JS. 21 455.254,36 0,08

95 Assembly of Kosovo Republic 94 1.195.848,64 0,22

96 Ministry of Public Administration 69 6.963.245,18 1,26

97 Ministry of Local Government Administration 71 475.518,13 0,09

98 Ministry of Education, Science and Technology

70 8.302.542,28 1,50

99 Ministry of Agriculture, Forestry and Rural Development

87 3.438.017,28 0,62

100 Ministry of Justice 95 2.778.118,72 0,50

101 Ministry of Mining and Energy 92 1.911.666,61 0,35

102 Ministry of Finance 109 740.984,85 0,13

103 Ministry of Security Force 140 15.620.814,22 2,83

104 Ministry of Infrastructure 97 24.404.587,13 4,42

105 Ministry of European Integration 48 216.294,32 0,04

106 Ministry of Culture, Youth ans Sports 85 1.474.950,63 0,27

107 Ministry of Environment and Spatial Planning 136 2.796.236,40 0,51

108 Ministry of Labour and Social Welfare 68 3.629.602,82 0,66

109 Ministry of Internal Affairs 84 2.436.926,26 0,44

110 Ministry of Foreign Affairs 53 484.596,29 0,09

111 Ministry of Health 151 18.027.559,45 3,26

112 Ministry of Trade and Industry 94 801.463,16 0,15

113 Ministry of Communities and Returns 66 674.715,25 0,12

114 Public Enterprises for Residence Prishtina 8 83.687,35 0,02

115 City Heating JS. Gjakovë 2 1.334,17 0,00

Page 35 / 54


116 Hydro Economic Public Enterprise “Iber Lepenc”

49 2.006.394,12 0,36

117 Central Heating”TERMOKOS” JS. 18 425.638,32 0,08

118 Procurement Review Body 21 26.599,11 0,00

119 Election Panel for Complaints and Appeals 8 45.655,07 0,01

120 Kosovo Police 220 5.439.000,32 0,99

121 Post and Telecommunication of Kosovo JS. 370 12.974.662,02 2,35

122 State Prosecutor 7 83.336,84 0,02

123 Financial Intelligence Center-Kosovo 10 217.130,12 0,04

124 Kosovo’s Center for Public Security, Education and Development

55 517.078,85 0,09

125 Center of Urgent Medicine 36 103.091,58 0,02

126 Students’ Center 28 2.026.545,28 0,37

127 University Stomatologycal Clinical Centre of Kosovo

39 133.243,13 0,02

128 University Clinical Centre of Kosovo 234 2.258.464,99 0,41

129 Kosovo National Blood Transfusion Center - PRISHTINA

28 36.434,97 0,01

130 Clinical Centre of Family Medicine-Prishtina 135 670.064,34 0,12

131 Center for Integration of Mental Health, Shtime

14 190.494,22 0,03

132 Radio Television of Kosovo 132 1.495.382,40 0,27

133 Kosovo Judicial Council Secretariat 92 2.357.270,38 0,43

134 Kosovo Security Council Secretariat 17 73.774,43 0,01

135 Ferizaj Hospital 17 306.369,36 0,06

136 Vushtrri Hospital 55 262.622,44 0,05

137 Regional Hospital of Gjakova 65 733.436,86 0,13

Page 36 / 54


138 Regional Hospital Gjilan 55 648.120,94 0,12

139 Regional Hospital Mitrovica 72 526.927,78 0,10

140 Regional Hospital Peja 45 917.976,39 0,17

141 Regional Hospital Prizren 49 1.106.731,89 0,20

142 Mental Health Service Gjakova 27 49.713,77 0,01

143 Mental Health Service Gjilan 7 34.604,18 0,01

144 Mental Health Service Peja 17 49.654,76 0,01

145 Mental Health Service Ferizaj 12 68.282,80 0,01

146 Mental Health Service Prishtina 18 34.103,95 0,01

147 Mental Health Service Mitrovica 14 49.366,59 0,01

148 Mental Health Service Prizren 20 51.717,24 0,01

149 Trainkos JS. 16 74.234,98 0,01

150 Trepça under PAK administration 279 4.692.452,30 0,85

151 Trust Pension Savings of Kosovo 33 283.563,27 0,05

152 University of Prishtina 94 1.390.544,28 0,25

153 University of Prizren 57 1.020.051,43 0,18

154 General Auditorial Office 50 193.594,90 0,04

155 Prime Minister Office 104 969.357,98 0,18

156 President Office 79 243.503,38 0,04

157 Regulatory Office for Energetic 21 86.763,68 0,02

158 Water and Waste Regulatory Office 24 28.138,95 0,01

Total: 12310 552,150,768.20 100,00

Note: The part of contract for construction of Morine-Merdare Highway from Ministry of Infrastructure for 2011

236.165.999,52

Page 37 / 54


2.15 CONTRACTS SIGNED THAT EXCEED THE VALUE 2.000.000,00 € BY CONTRACTING AUTHORITIES DURING 2011

CONTRACTING AUTHORITIES: CONTRACT DESCRIPTION

USED PROCEDURE

VALUE OF CONRACT.( €)

1Kosovo Energy

Corporation KEC J.S. Emergency power supply for the period January-December 2011 Open 33.248.034,58

2Kosovo Energy

Corporation KEC J.S. Fuel supply for boilers and heavy

machinery Open 28.859.760,00

3Kosovo Energy

Corporation KEC J.S. Fuel supply for boilers (1%sulfur

Mazut) for Thermal Power Plant B Open 18.573.840,00

4Kosovo Energy

Corporation KEC J.S.

Supply with modulated power and peak for the period May 2011- March

2012 Open 18.320.956,70

5Kosovo Energy


Lot 2: Supply with electrical filters for block A3 and A4 at Thermal Power

Plant A

Negotiated after the

publication of Contract

Notice 16.994.000,00

6Kosovo Energy


Supply with electrical filters for block A3,A4, A5 at Thermal Power Plant-

“Kosova” A , LOT 1

Negotiated after the


Notice 8.903.000,00

7Prishtina International

Airport Adem JashariSupply with navigation equipment and

relocation of existing equipments Open 7.808.296,00

8Ministry of

Infrastructure

Services of works supervision and road management services of Sector 7 of

Morine-Merdare Highway Restricted 6.950.000,80

Page 38 / 54


9Kosovo Energy


Supply with modulated power and peak for the period May 2011-

March2012 Open 6.912.003,20

10Kosovo Energy

Corporation KEC J.S. Purchase of the services for the

transportation of the KEC workers Open 6.474.893,04

11Kosovo Energy

Corporation KEC J.S. Supply with changing parts for block

B1

Negotiated without


Notice 6.249.666,00

12Ministry of Education,

Science and Technology Book supply

Negotiated without


Notice 5.501.499,44

13Kosovo Energy


PROJECTION,CONSTRUCTION,COMMISSIONING AND LAUNCHING THE NEW STATION TRANSFORMERS 110/10(20)

KV PRISHTINA 7 Open 4.857.683,70

14 M PrishtineBuilding of the Independence

Square"Ibrahim Rugova" Open 4.365.714,70

15Kosovo Energy


Supply with modulated power and peak for the period April 2011- March

2012 Open 4.126.800,00

16Kosovo Energy


REPAIR OF CONNESTOR OF HYDRODYNAMICS PUMPS SUPPLIER

FOR B1 AND B2

Negotiated without


Notice 3.459.460,63

17Ministry of Public

Administration Object building at MSF Open 3.451.650,00

18Kosovo Energy


Supply with modulated power and peak for the period May 2011- March

2012 Open 3.301.602,40

19 KOSTT JS. Realocation of line LP 1806 NS Gjakova 1 – NS Gjakova 2 and

Open 3.267.253,00

Page 39 / 54


Changing High Tension Equipments at NS Gjakova 1

20 M Prishtine Construction of road B - phase II Open 2.883.847,12

21Kosovo Energy

Corporation KEC J.S. PURCHASE SERVICES FOR RESEARCH, REVIEW, ANALISES, AND PROJECTION Open 2.351.053,44

22

Post and Telecommunications of

Kosovo JS.Extension of Vala Network – Phase 6

Lot 1 - RAN Open 2.239.154,26

3. ACTIVITIES OF PUBLIC PROCUREMENT REGULATORY COMMISSION

Based on section 42 of the PPL in Kosovo no.04/L-042, each contracting authority must publish every kind of contract notices whenever they use open procedures, restricted procedure or negotiated procedure after the publication of contract award, on the official PPRC web-site: www.rks-gov.net/krpp Department of Informative Technology and Statistics started to publish contract notices in electronically web site since July 2007, also continuing during 2008, 2009, 2010 and which are presented in the following graphic.

Page 40 / 54

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


Contract notices

Contract award notices

Cancellation notices

Initial notices Desing conest notices

Result of desing con-

test

Request expresion

interes

5125 4957

1680

24 46 21 17

5698 5445

2150

28 38 12 6

4880

5846

1682

19 30 14 9

Publication of notices in web-site: http://krpp.rks-gov.net dur-ing 2009 , 2010 dhe 2011

Year 2009 Year 2010 Year 2011

Graphic 21

Analyzing graphic no. 21 we come to the conclusion that during 2011 the publication of the contract notices is increased to 4880 compared to the previous year, also contract award notices are increased to 5846. It can be noticed, that the number of contract award has been increased compared to the previous year, whilst influenced in this fact the publication for contract award with small value – price quotation. Also the notice for cancellation has been decreased compare with previous years, so during 2011 were published 1682 notice for cancellation.

Page 41 / 54


January

February

March

April May JuneJuly

August

Septem

ber

Oktober

November

December

0100200300400500600700

150

276379

439

548600

547472 470 466

412

14862 74 99 97 131

193 190 194 172 151 189127

Contract Notice and Notice for cancellation for 2011

Contract notices Cancellation notices

Graphic 22

In graphic 22, presents the number of contract notices and cancelation of notices that were published during 2011. Compared with the previous year, the cancelation notices were 37% in rapport with contract notice, while during 2011 we have an increase of 34%, which are cancelled contract notices.

Received less than two responsive tender or re-

quests to participate82,22%

An order issued by the competent authority requires the cancella-

tion4,99%

All responsive tenders contain prices that sus-tanially exceed the bud-

get 4,82% Cancellation is necessary beacuse of

events and/or objective reasons 7,97%

Structure of cancellation reasons of procurement procedure during2011

Page 42 / 54


Graphic 23

Graphic 23 reflects the structure or the participation of cancellation reasons of tenders during 2011. As noted 82.22% of the cancellation reasons are due to having received less than two responsive tenders or requests to participate. Continuing monitoring of IT Department of PPRC and IT Department of MPA has brought a higher grade of control and also an uninterrupted work of the web-site of PPRC. Below find table No 12 with some general statistics on the use of the web-site of PPRC during 2011:

NUMBER OF VISITORS OF PPRC WEB-SITE DURING 2011 Daily/average Monthly/average

Number of visitors 4540 136200

Number of browsing notices 6935 208050

Number of downloading notices 1847 55410

Number of browsing the legislation 61 1830

Table 12

* * *

Public Procurement Regulatory Commission during 2011 has made a significant contribution in preparing the new Law on Public Procurement. While the working group on re-writing of the Public Procurement Law no. 04/L-042 was approved by Assembly of the Republic of Kosovo on August 29th, 2011, announced by the President of Kosovo on Decree No. DL-032-2011, on 31 August 2011 and entered into force on October 05th, 2011. During December 2011, PPRC through Department of Rules in cooperation with “Planet” Consortium for Public Procurement financed by Liaison Office of European Commission in Prishtina, has finalized and published 70 parts of secondary legislation for Public Procurement. All these parts of secondary legislation have entered into force on 01.01.2012, and are 85% of secondary legislation needed for implementation of legislation for Public Procurement.

Page 43 / 54


Secondary acts, approved by the Public Procurement Regulatory Commission have been prepared in three language versions and are published on the website of PPRC: http://krpp.rks-gov.net These secondary acts relating to all files Bidding for all procurement procedures, contract notices and contract award, the Procurement Code of ethics, to diplomatic documents, and other forms what procurement officials implement during daily work.During 2011, the PPRC through the Department of the Rules has prepared six Administrative Instructions: 1. Administrative Instruction. 01/2011/PPRC, the interpretation of paragraph 3 of Article 58 of Law no. 03/L-241 on Public Procurement, which came into force on 11.03.2011; 2. Administrative Instruction. 02/2011/PPRC, the interpretation of Article 59 of Law no. 03/L-241 on Public Procurement, which came into force on 11.03.2011; 3. Administrative Instruction. 03/2011/PPRC, the interpretation of paragraphs 1 and 2 of Article 13 of Law no. 03/L-241 on Public Procurement, which came into force on 15.03.2011; 4. Administrative Instruction. 04/2011/PPRC, for proper application of Article 51 and 52 of Law no. 03/L-241 on Public Procurement, which came into force on 19.05.2011; 5. Administrative Instruction. 05/2011/PPRC to monitor the publication of reports on public procurement, which entered into force on 19.05.2011; 6. Administrative Instruction. 06/2011/PPRC for specifying the quantities in standard form describing the price of the tender dossier, which entered into force on 06.06.2011.

Department of Rules of PPRC in 2011, responding to the requirements of the contracting authorities and economic operators has given 77 writing interpretive through the archives of the PPRC, 301 interpretations via e-mail - info.krpp @ rks-gov.net, and 904 telephone interpretations within the helpdesk which function within the PPRC.

Page 44 / 54


* * *

All public procurement laws which were in force in Kosovo since 2004 until 2010 have required mandatory training in procurement official within 10 days. Public Procurement Law no. 03/L-241, which entered into force on 01.12.2010, and Law no. 04/L-042, which entered into force on 05.10.2011, demanding that the procurement official training be extended to 15-day, training classified in two levels: basic training and advanced training.Relying on this statutory requirement PPRC in cooperation with Kosovo Institute for Public Administration during the years 2010 - 2011, organized the training of procurement officials from contracting authorities of Kosovo. Training during this period has been followed by 521 participants, distributed in 13 groups, and the test was successfully carried out by 489 procurement official who were provided with basic public procurement certificate, valid for three years. Next to these trainings have been procurement officials of all contracting authorities in Kosovo, including governmental institutions, public companies and several NGOs.

The following chart shows the number of officials certified in public procurement during the period 2005 to 2011.

302360

414 431 424489

Number of officials certified in public procurement 2005-2011

Year 2005 Year 2006 Year 2007 Year 2008 Year 2009 Years 2010-2011

Graphic 26Page 45 / 54


Advanced level training for public procurement according to law no. 04/L-042 has started in December of 2011. The right to continue such training has been for all procurement officials who have previously completed basic level training. Training at this level has 457 procurement officials, and by the end of 2011, have been completed two modules.

* * *

Department for monitoring and supervision of PPRC shall undertake the monitoring and oversight of procurement activities in Contracting authorities relying on Article 88.1 and 88.2 of the PPL nr.02/L-042.Monitoring and supervision department has the power, authority and responsibility to observe, supervise and monitor the implementation of the provisions of this law and the rules issued by the PPRC under the authority of this law.

Regular planning monitoring and its implementation

Department for monitoring and supervision for 2011 has provided monitoring of forty (40) contracting authorities.Department for monitoring and supervision carried out the plan 100%, since during the calendar year 2011 has monitored forty (40) Contracting authorities planned with a total 218 procurement activities.During the monitoring of contracting activities by the department of monitoring these violations are found - disrespect PPL articles nr.02/L-99 and Regulation of public procurement:

RECORDED VIOLATIONS OF ARTICLES OF THE PPL (NUMBER OF MONITORED SUBJECTS – 218)

Article according to

PPL Designation of articles according to PPL

Number of violations

Participation %

1 Article 6.3 Treatment equality 2 0,92

2 Article 7 Procurement Planning 41 18,81

Page 46 / 54


3 Article 8.1 Determination of needs 11 5,05

4 Article 8.2 Commitment of funds 22 10,09

5 Article 8.5 Statement of needs and necessity of funds 44 20,18

6 Article 15.4 Requests separation 1 0,46

7 Article 20 Initiating the procurement activity 2 0,92

8 Article 27 Tender dossier 19 8,72

9 Article 28 Technical specifications 5 2,29

10Article 30 A .4

Revocation of the article after receiving less than three responsive offers 6 2,75

11 Article 34.1 Authorization from PPA for extra Works-services 2 0,92

12Article 34.2.d

Setting Works position in tender dossier7 3,21

13 Article 35.7 Less than 10 days term for quotation 1 0,46

14 Article 35.8 Less than 3 offers –responsive quotations 3 1,38

15 Article 39 Awarded contract notice 4 1,83

16 Article 40.1 Awarded contracts notice on the web-site of PPRC 24 11,01

17 Article 40.3 Announcement for contract on daily newspapers 1 0,46

18Article 42.2 a

Tender time limits 4 1,83

19 Article 44.1 Specific rules for shortening the time limit 9 4,13

20 Article 51.6 Clarifying information for all EO .competitive 1 0,46

21 Article 50.3 Setting Sub-criteria 22 10,09

22 Article 52Announcement of non-responsive and unsuccessful bidders 88 40,37

23 Article 56.1 Opening offers after foreseen date 1 0,46

24 Article 56.2Acceptance of the price quotation after opening the offers 1 0,46

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25 Article 57.2 Announcement of EO to improve arithmetic errors 5 2,29

26 Article 57.3Examination, Evaluation and comparison of tenders 19 8,72

27 Article 59Request for clarification of competitive EO for abnormally low price before elimination 1 0,46

28 Article 60Ensure the execution and delivery before signing the contract 31 14,22

PPL articles nr.02/L-99 with the highest participation of non-compliance

Article 5240,37%

Article 8.520.18%

Article 718,81%

Article 6014,22% Article 40.1

11,01%

Article 8.210,09%

Article 50.310,09%Article 27

8,72%Article 57.3

8,72%

PPL articles nr.02/L-99 with the highest participation of non-compliance

Violations –Evidences of violations of regulations of PP:Section 8.1 - Lack of activity in one (1) caseArticle 20.1-evaluation committee's decision is lacking in two (2) casesSection 20.2-statements under oath to the Commission assessment in 18 casesSection 29.15-Evaluation of bids later than 96 hours from the opening of bids in 14 cases

Page 48 / 54


Article 20.2a8,25%

Article 29.156,42%

Articles of the regulation of PP with the highest participation of non-compliance

Violations - Violations of the code of ethics of the PPSection 5.2-conflict of interest in two (2) casesMonitoring as appropriate In addition to monitoring and supervision department during 2011 has conducted six (6) monitoring the case - the application of CA.

CORRECTION OF CONTRACT NOTICES SENT FOR PUBLICATION ON THE WEB-SITE OF PPRC Found irregularities Comments/Recommendations

1Contract notice in English language missing

At the large value notices English language version was missing. After contacting with CA, by phone or e-mail, they have been corrected although most of CA don’t have an interpreter of English and Serbian language.

2Inconsistency of language versions

In many cases we have inconsistency of language versions, as dates, procurement codes, procurement type, the value of procurement, procedure or any translating error, so in all cases we had to contact with CA to correct them.

3Non-evidentation as re-tender

Often happens that sent notices are not clarified as re-tender, sometimes it is written in content of e-mail, at the part of title of the project or is forgotten to be evidence as re-tender.

4Short version sent(from the newspaper)

It also happens to send short versions of the notices, as it has been in newspapers especially cancellations.

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5No fulfill of the code of the procurement, FPP etc.

Often procurement codes are not written at all or they are from a previous procurement.

6Inconsistency of notice versions

There are cases when language versions do not match in many parts as dates, name of the general project, conditions etc.

7

Shorten of the deadline more than it is allowed by PPL

Often time limits are shorten more than it is allowed with PPL.

8 Defaults of general conditions

In some cases officials send the contract notice without fulfilling the conditions for participation.

9 Requesting license at MTI for construction

Since it has entered into force on 16.09.2011 handbook of MTI for abolition of licenses issued for construction, in some cases this licence was still required, but after contacting and explanation this has been corrected.

10

Criteria for contract award: Economically advantageous price, used sub-criteria

The part of sub-criteria for contract award, according to economically advantageous price was a challenge for PPRC, but with enough effort we managed to reduce immeasurable sub-criteria determined by CA. Often qualifying criteria has been used as sub-criteria for award of contract.

Monitoring the process of public openings

Department for monitoring and supervision during 2011 has taken part in two cases as observers, in public openings in the Ministry of Infrastructure at the request of the Procurement Office of the Ministry.

Objectives of Monitoring and Supervision Department for 2012

Monitoring and Supervision Department for 2012 is planning a smaller number of monitoring as it provides by the department this year will have the largest number:

-monitoring in the case – according to demand,-investigation of procurement activities and management activities of public contracts- monitoring by the forward-notices, and other cases which may occur during the works of the department this year.

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4. CLOSING AND RECOMENDATIONS

From all the data given in this procurement public analyze during 2011 and comparing previous periods we can report a progress on public procurement field in Kosovo, what also is reported in the Progress Report of 2011 from the European Commission. Of the best indicators of the progress results of public procurement system in general are amendment of the PPL and harmonization with EU Directives, increase of use of open procedure in public procurement, decrease of the use of negotiated procedure without publication of contract notice and decrease of contracts notice cancellations. The New Version of the PPL has been approved on August and entry into force on October 2011, regulates most of the shortcomings of the previous law, and increases in a considerable way compliance with European standards. During December 2011, PPRC through Department of Rules in cooperation with “Planet” Consortium for Public Procurement financed by Liaison Office of European Commission in Prishtina, has finalized and published 70 parts of secondary legislation for Public Procurement. All these parts of secondary legislation have entered into force on 01.01.2012. Also PPRC has issued administrative instructions what has helped the function of public procurement. Other indicators that reflect an important development trend in public procurement are:- Participation of the value of signed contracts for works during the year 2011 was 52.43%.- Participation of the value of contracts signed under the open procedure in 2011 with 82.80%, adding the restricted procedure

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with 1.35% which is used during this year, which is considered to be open and fair procedure.- Participation of the value of contracts signed under the negotiated procedure without publication of contract notice which during 2011 was 6.21%. Using this procedure also known as direct single source procedure in public procurement in Kosovo has had a decrease during these years, while in 2008 was 19% and 2009 was 11% in 2010 to 7%, and during year 2011 has decreased to 6.21%.

- Another indicator is the cancellation of contract notices. During the 2010 cancellation of notices in relation to the publication of contract notices was 37%, while during 2011 the number of cancellations was reduced to 34%.- Development and transparency of public procurement in Kosovo also shows the participation of foreign OE who have been awarded with contracts during 2011, which arrives at 25.49% in the total value of contracts signed.- Average number of bidders who have offer for a tender during 2011 was 5.10.- Participation of contracts value signed in GDP during 2011 was 16.96%, which was also followed in previous years.- In public procurement website of PPRC from June 2007 to December 2011 are published over 50,000 reports of all kinds. During the year 2011 the daily average number of visitors to this web site reaches over 4500. This web site has an undeniable importance on transparency in information provided to contracting authorities and economic operators on the development of public procurement in Kosovo, and which will be held soon to complete e-procurement.Based on analysis of the report on public procurement activities in Kosovo in 2011, field surveys and observations made, and comments r PPRC received from contracting authorities in Kosovo regarding the manner of implementation of the Procurement Law public practice, PPRC recommends these measures for improving and enhancing the system of public procurement in Kosovo:- Continuous Reforming public procurement system in Kosovo, the ongoing training of procurement officials. - To minimize the possible use of small contracts and minimum values, using frame contracts, and centralized procurement.

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- Further advancing of official electronic website of public procurement, which enables to increase transparency in public procurement and improves an efficient procurement, based on contemporary procurement practices and new technology such as e-procurement and e-auction that will enable the sale of assets by the contracting authorities in the most efficient and transparent way.

5. ANNEX: BUDGET EXPENDITURES OF PPRC FOR 2011

For finishing operations required by the Law on Public Procurement in Kosovo, in 2011, the PPRC has spent the budget in amount of 279,468.21€.Table of budgetary expenditures PPRC for 2011

NR. DESCRIPTIONFORESEEN BUDGET

2011 ( €)SPENT BUDGET

2011 ( €) (%)

1Salaries = (25 employees) 179,017.00 147,551.16 82.42

2 Goods & Services 127,306.00 118,878.51 93.38

3 Utilities 20,200.00 13,038.54 64.55

4 Capital investments 0.00 0.00 0.00

Total : 326,523.00 279,468.21 85.59 The table above indicates that the budget projected for 2011 in the amount of € 326,523.00 was spent 85.59%. Unused budget has not affected the completion of some job vacancies, as well as block allocation in goods & services by the MF, the decision of the Government dated 27.07.2011 nr.04/26. A more detailed specification of expenses is listed in the table below:

DESIGNATION OF EXPENDITURES AMOUNT (€)1 Rent and maintenance of Office spaces 45,244.00

2 Building security 7,357.44

3 Telecommunication services 10,360.00

4 Computer less than 1000 € 9,302.00

5 Expenditures for cleaning of building and vehicles 6,378.40

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6 Fuel expenditures for vehicles 9,883.29

7 Tax on rent 2,131.92

8 Office supplies with expendable material 5,471.42

9 Expenditures on abroad travels 6,902.20

10 Registration and siguration of vehicles 3,047.54

11 Expenditures for publishment in newspapers 136.00

12 Maintenance of IT 801.99

13 Maintenance and repair of the vehicles 8,722.75

14 Representation expenditures 2,962.57

15 Energy expenditures 6,663.72

16 Waste expenditures 700.23

17 Water expenditures 534.22

18 Central Heating expenditures 1,183.90

19 Telephone expenditures 3,956.47

20 Other contracting expenditures 176.99

Total : 131,917.05

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Documents

rks-gov.net · Web viewValue of signed contracts according to pulication time limits during 2010 and 2011 (€) Time limits: Contracts value 2010 Participation % Contracts value 2011