GOVERNMENT OF MONTENEGRO

Public Procurement Administration

INSTITUTIPNAL set-up and the role of central institutions in the public procurement system:

current situation, lessons learnt, plans for reform

Presenter: Sandra Škatarić, Head of Department for professional development, training and international cooperation in

public procurement field

Institutional framework

Institutional framework

• Ministry of Finance – approval to the public procurement plan;

• Public Procurement Administration:

-Compliance of regulation with the EU legislation;

-Preparation and publishing the list of contracting authorities;

-Prior approval to certain public procurement procedure;

-Monitoring.

• State Commission for the control of public procurement procedure:

-deciding upon appeals lodged in public procurement procedures;

-control of public procurement procedures.

Parties obliged to adhere to the PPL (1)

CONTRACTING AUTHORITIES

state administration bodies, local self-government units, public services and

other beneficiaries of the Budget of MNE (performing tasks of public interest)

BODIES GOVERNED BY PUBLIC LAW

Business organisations &legal entities performing tasks of public interest

CONTRACTING ENTITIES

performing activities in areas of water management, energy, mining,

telecommunications, postal services and transport (Holders of special and exclusive

rights)

SUBSIDIZED CONTRACTS

business organizations, legal entities, and entrepreneurs when procuring works, supply or services contracts that are funded by more than 50% from the

Budget of Montenegro, local self-government or other public funds

PPL and Implementing

Acts

Parties obliged to adhere to the PPL (2)

• The list of covered parties (clasical and utilities sector) is published at the public procurement portal www.ujn.gov.me

• The contracting authorities are obliged to implement this Law even in the cases when they are not included in the List

• New element introduced with the new PPL is the opportunity for centralized purchases.

Exemptions

– Exemptions from the PPL (“OG of MNE”, no. 42/11) - Article 3

– Contracts in the Water, Energy, Mining, Telecommunications and Transport Sectors not Subject to this Law – Exemptions from the Application of PPL (“OG of MNE”, no. 42/11) - Article 113

EUROPEAN INTEGRATION PROCESS OF

MONTENEGRO

• Establishing the Working Group for preparing negotiations on Montenegro`s accession to the EU in the area of acquis communautaire relating to the Negotiation Chapter 5, Public Procurement

• Key institutions of the public procurement system - Public Procurement Administration(PPA) is one of them, make significant contribution to the process of the European Integration.

• Public Procurement policy to the European path

EUROPEAN INTEGRATION PROCESS OF

MONTENEGRO

• EC Screening Report for Chapter 5–Public Procurement

adopted

• Negotiating position in the field of Public Procurement

circulated to the Council on October 14, 2013.

• The Third meeting of the Accession Conference with

Montenegro at Ministerial level was held on December

18, 2013 in Brussels to open negotiations on Chapter 5

– Public Procurement.

PROJECT ACTIVITIES

• Within Multi-beneficiary IPA Project `Training in Public Procurement in Western Balkans and Turkey` Montenegro gained recognized European certificates and established national core team of 12 procurement trainers

• Implementation of the Project `Strengthening of the Public Procurement System in Montenegro` initiated on June 4, 2012 and terminated on Jule 02, 2013

• Experts in the following areas: Law, IT sector, Audit/Inspection and Public Procurement (altogether 4) were engaged in the implementation of the above mentioned project

FURTHER PROJECT ACTIVITIES

• IPA 2014 `Implementation of the System of Electronic Public Procurement in Montenegro`

• Approximate value of the project - € 1,5 million.

Measuring performance

The aims of PP regulation at international level are the following:

The opening up of domestic markets to foreign competition – eradication of “protectionism” in PP

Prohibition of discrimination on the basis of nationality

Transparency

The aim of “value for money” or “efficiency” are presumed as corollaries of the opening of the PP markets but are not the main objectives

Introducing variables aimed at measuring relevant performances of

public procurement

THANK YOU FOR ATTENTION!