Cetralised Public Procurement Procurement technique Contract Performance and Management

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1 Republika e Kosovës Republika Kosova-Republic of Kosovo Qeveria Vlada-Government Ministria e Financave Ministarstvo za Finansije Ministry of Finance Qeveria AGJENCIA QENDRORE E PROKURIMIT CENTRALNA AGENCIA NABAVKE / CENTRAL PROCUREMENT AGENCY Cetralised Public Procurement Procurement technique Contract Performance and Management November 2013 Mursel Rraci

2 Responsibilities CPA PLL/article 95 Each CA shall submit to the CPA the preliminary procurement plan and later a final procurement plan CPA identifies common use items and proposes to Ministry of Finance The government establishes a list of any commodities or common use items This list is adopted in the form of an Administrative Instruction This list is published in the media and made accessible on the PPRC and CPA website The Government as per the proposal of the Ministry of Finance shall authorize the CPA to conduct consolidated, centralizes or common (joint) procurement activities MoF notifies CA of such determination, which shall no longer have any authority to conduct the concerned procurement MoF obtains the agreement of the relevant supervisory board if the CA is a Utility

3 Generation of business critical mass Centralized Public Procurement based on aggregation and increased volume by: Expansion of time (24-36 month; long term) Number of beneficiaries (many contracting authorities) Complex, large scale supply of goods and services (catalogue)

4 EU business modells FAs that establish all the terms (framework contracts) are legal instruments under which the terms applicable to any orders under this type of FA are set out in a binding manner for the parties to the framework agreement meaning, the use of this type of FA does not require a new agreement between the parties. FA that do not establish all the terms (FA stricto sensu) are by definition incomplete: this type of FA either does not include certain terms or does not establish in a binding way all the terms necessary. Some terms still have to be established subsequently. Whether a term is or is not established depends on national law;

5 M2M many-to-many with three actors and roles

6 Public Framework Contracts in PLL Kosovo According to PPL 04/L-042 there are two types of public framework contracts Ø Those which determine all the terms of the contract; «framework contract» and Ø Those which do NOT determine all the terms of the contract and accordingly need some further competition to establish the terms of a contract «fremework agreement»

7 Types of framework contracts Depending on the type of the public framework contract orders may be placed with or without further competition Ø Without further competition, - Public framework contracts which establish all the terms ; - with one EO or Ø With further competition, - Public framework contracts which do NOT establish all the terms with several EOs within Mini tenders

8 Mini-Tenders under framework agreements in Kosovo legislation Mini-Tender is only considered appropriate under a limited number of special circumstances Ø where it is not possible to determine price or a pricing structure at the time the public framework contract is established All EO who fulfill the selection requirements become party to the framework contract open procedure In all cases however minimum number is 3 EO

9 Mini-Tendering Procedure under framework agreements For each subsidiary contract the CA shall Ø Contact in writing all EO party to the FC to submit their offers in writing Ø Set the time limit for the receipt of the offers, min. 5 days Ø Open and evaluate in the same manner Ø Award the contract based on the criteria's determined in the TD Ø Publish the contract award Ø Are subject to the rules governing the filing of complaints Ø Are subject to the signing requirements

10 Types of framework contracts with CPA involved in Kosovo PLL Framework Contract One EO to one CA (FC- O2O) One EO to many CA FC- O2M (CPP with CPA) Framework Agreement One EO to one CA (FA- O2O) One EO to many CA FA- O2M (CPP with CPA) Many EO to one CA FA- M2O Many EO to many CA FA-M2M (CPP with CPA)

11 CPA PLL/article 95 The government establishes a list of any commodities or common use items This list is adopted in the form of an Administrative Instruction This list is published in the media and made accessible on the PPRC and CPA websites The MoF: notifies CA of such determination, which shall no longer have any authority to conduct the concerned procurement obtains the agreement of the relevant supervisory board if the CA is a Utility

12 Personal scope of centralized public framework contracts Central vs National level Framework contracts are closed systems Ø CA party to the FC must be identified in the contract notice and in the TD Ø vs open for voluntary connection? Ø No new CA or EO may be added Based on the info a lot of CA are using the FC of the other CA Ø Only central level Ø 75 CA at central level from Ø 166 CA total

13 Planning contract type FC vs FA? Ø With several EO - mini competition Ø With one EO all terms established Mini-Tendering Ø CPA conducts the activity Ø CPA selects the EO party to the framework contract Ø CA, whenever need arises, opens the mini tendering

14 Planning Number of LOTs 1 LOT vs more LOTs Decision one procurement activity in more Lots One procurement activity in one LOT Open procedure Framework Contract O2M Framework Agreement M2M A pre bid conference will be held to give support and guidance to EO-s

15 Change Management to new centralized public framework contracts After the expiration of the existing contracts CA become party to the framework contract

16 Basic Contract Terms GCC vs SCC Ø Delivery only based on purchase orders Ø Within 15 days after the receipt of the request Ø CA to make efforts to let 30 days elapse between the issuance of two consecutive Purchase Orders Ø Payment from CA Ø Within 30 days after the receipt of the goods

17 Within the framework of planned Electronic Public Procurement of Kosovo CPA will have its Specific Service Moduls for Centralized Electronic Public Procurement

18 Future Plans CPA is going to organise consequtive workshops with the representatives of the Economic Operators to define, operate and manage Centralized Public Procurement Categories as common used items

19 Q and A Q and A discussion