GOVERNMENT OF
MONTENEGRO
Public Procurement
Administration
MEASURING PERFORMANCE OF PUBLIC
PROCUREMENT
Presenters:
Mersad Z Mujević, Head of the Public Procurement
Administration
Sandra Škatarić, Head of Department for professional
development, training and international cooperation in
public procurement field
MONTENEGRO
Institutional framework
PPL (“OG of MNE”, no. 42/11) overview
Law on Public Procurement (“Official Gazette
of Montenegro”, no 42/11)
Rulebook on the methodology of
expressing sub-criteria in the
corresponding number of points, method
of evaluation and comparison of bids
Rulebook on Manner
of Keeping and Content
of Records on Violation
of Anti-Corruption
Rules
Rulebook on the
records of public
procurement
procedures
Regulation on
the Forms in
Public Procurement
Procedure
Other implementing
Acts:
http://www.ujn.gov.me
Parties obliged to adhere to the PPL
CONTRACTING
AUTHORITIES
state
administration
bodies, local selfgovernment 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
SUBSIDIZED
CONTRACTS
performing
activities in areas
of water
management,
energy, mining,
telecommunication
s, postal services
and transport
(Holders of special
and exclusive
rights)
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
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
opportunity for centralized purchases.
new
PPL
is
the
3 Thresholds / 9 Procurement
procedures
Value Scale I
Value Scale II
Value Scale III
Contract value
≤ 5.000 € (Services
/ Supplies / Works)
Contract value
5.000 – 25.000 €
(Services / Supplies)
5.000 – 50.000 € (Works)
Contract value
≥ 25.000 € (Services
/ Supplies)
≥ 50.000 € (Works)
9) Direct
assignment
8 ) Shopping Method
1) open procedure;
2) restricted procedure;
3) negotiated procedure
with prior publication of a
contract notice;
4) negotiated procedure
without prior publication
of a contract notice
5) framework
agreement;
6) consulting services;
7) contest;
Principles and Time limits
•
•
•
•
Cost effective and efficient use of public funds;
Ensuring competition among the bidders;
Transparency;
Equality of bidders.
Time limits:
• Open procedure 37-22 days;
• Restricted procedure (I stage 37 days, II stage 22);
• Negotiated procedure 22 days.
Competition in Public Procurement
procedures
•
•
Creating better business environments suitable for
improving and development of the Small and Medium
Enterprises (SMEs)
Simplification of the Legal and Regulatory Frameworks
• Transparency of the Public Procurement System
Competition in Public Procurement
procedures
•
Importance of the Interinstitutional cooperation
• Monitoring of the Public Procurement system
• Ethics in Public Procurement
•
Prevention of Corrupt Practices
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 YOUR ATTENTION!