Register of Magistrates, Proposal of Civil Society Action Plan OGP, Component Open Government for Access to Justice and Digital Governance

The Register of Magistrates is an unfulfilled legal obligation, and the civil society proposes to consider it as a Government commitment in the 2021-2022 Action Plan.

AIS as an organization, draws attention to the institutional delays for the creation of the Register of Magistrates for Prosecutors and Judges. This register is both a legal obligation and a set standard for the Justice Reform. AIS has proposed to the Intergovernmental Technical Committee tasked for drafting the Open Government Partnership (OGP) 2021-2022 Action Plan, to commit and include in this plan the implementation of such as Register. The direct beneficiaries of this plan are two key institutions of the Justice System, the High Judicial Council and the High Prosecutorial Council. Governments have the obligation to draft the Action Plan for the Open Government Partnerships in cooperation with the civil society. Below the request proposal.

Find HERE the full proposal

Access to Justice – A public register for the magistrates, created by a Non-Governmental Organisation

Access to Information Database is a data mine into the justice system. A passport of information, documents, and data is created for each individual that is promoted and qualified in the vetting process, enabling public monitoring of individual integrity. This data is restructured, setting a model for the Magistrates’ Register. The Register represents a legal obligation for the new justice institutions, not yet fulfilled http://aksesdrejtesi.al/dokumenta/1600325262Akese%20Info%20Drejt%C3%ABsi%20Raporti.pdf . Access to Justice contains data on CVs, public declarations, qualifications, scientific research, promotions, disciplinary measures, and asset declarations for each individual judge and prosecutor. Access to Justice enables also access by search filters  http://aksesdrejtesi.al/searchform for each document of the new justice systems, such as acts, decisions, official records, reports, etc. AIS, the organization promoting Open Data for Albania has created and maintains this data mine. On 1 October, the vetting process has fully confirmed in office only 76 judges, prosecutors and individuals of the justice system. 123 judges and prosecutors have been dismissed. For 48, the process has been terminated. A decision was made by the Special Qualification Committee for 28 others, who are pending a decision from the Public Commissioner or the Special College of Appeals. A passport of information and documents is created for each judge and prosecutor who has fully passed the vetting process on our Access to Justice website. This passport enables public access and monitoring over the integrity of promoted individuals. This includes:
  1. Vitore Tusha Judge http://aksesdrejtesi.al/profil/21
  2. Fatjona Memcaj Prosecutor http://aksesdrejtesi.al/profil/31
  3. Manjola Xhaxho Judge http://aksesdrejtesi.al/profil/91
  4. Marcela Shehu Judge http://aksesdrejtesi.al/profil/19
  5. Anila Leka Prosecutor http://aksesdrejtesi.al/profil/62
  6. Dritan Prenci Prosecutor http://aksesdrejtesi.al/profil/50
  7. Brikena Ukperaj Judge http://aksesdrejtesi.al/profil/15
  8. Vate Staka  Prosecutor http://aksesdrejtesi.al/profil/9
  9. Arta Marku Prosecutor http://aksesdrejtesi.al/profil/30
  10. Kostaq Beluri Prosecutor http://aksesdrejtesi.al/profil/5
  11. Nertina Kosova Judge http://aksesdrejtesi.al/profil/57
  12. Ardian Dvorani Judge http://aksesdrejtesi.al/profil/40
  13. Medi Bici Judge http://aksesdrejtesi.al/profil/20
  14. Brunilda Kadi Judge http://aksesdrejtesi.al/profil/16
  15. Dritan Hallunaj Judge http://aksesdrejtesi.al/profil/18
  16. Gentjan Medja Judge http://aksesdrejtesi.al/profil/114
  17. Adnan Xholi Prosecutor http://aksesdrejtesi.al/profil/32
  18. Bujar Sheshi Prosecutor http://aksesdrejtesi.al/profil/1
  19. Sokol Stojani  Prosecutor http://aksesdrejtesi.al/profil/60
  20. Arnisa Kellici Candidate Judge
  21.  Miranda Nakaj Legal Assistant  http://aksesdrejtesi.al/profil/124
  22. Arta Vorpsi Legal Advisor http://aksesdrejtesi.al/profil/39
  23. Enton Dhimitri Judge http://aksesdrejtesi.al/profil/79
  24. Fiona Papajorgji Member of the CC http://aksesdrejtesi.al/profil/28
  25. Emona Muci Judge http://aksesdrejtesi.al/profil/78
  26. Alma Kolgjoka Judge http://aksesdrejtesi.al/profil/77
  27. Arben Kraja Prosecutor http://aksesdrejtesi.al/profil/46
  28. Eloida Goxhi Prosecutor http://aksesdrejtesi.al/profil/59
  29. Alfred Progonati Prosecutor http://aksesdrejtesi.al/profil/49
  30. Gentjan Jahjolli Legal Advisor
  31. Adrian Shega Former Legal Advisor http://aksesdrejtesi.al/profil/125
  32. Alma Muca Prosecutor http://aksesdrejtesi.al/profil/24
  33. Altin Binaj Prosecutor http://aksesdrejtesi.al/profil/25
  34. Eriol Roshi Judge http://aksesdrejtesi.al/profil/80
  35. Elsa Toska Member of the CC http://aksesdrejtesi.al/profil/22
  36. Ornela Naqellari Judge http://aksesdrejtesi.al/profil/95
  37. Albana Boksi Judge http://aksesdrejtesi.al/profil/56
  38. Esmeralda Ceka Judge http://aksesdrejtesi.al/profil/87
  39. Dhorina Theodhori Prosecutor http://aksesdrejtesi.al/profil/33
  40. Rexhep Bekteshi Judge http://aksesdrejtesi.al/profil/97
  41. Elidiana Kasa Prosecutor http://aksesdrejtesi.al/profil/58
  42. Sotir Kllapi Prosecutor http://aksesdrejtesi.al/profil/60
  43. Sokol Binaj Judge http://aksesdrejtesi.al/profil/65
  44. Edvin Kondili Prosecutor http://aksesdrejtesi.al/profil/35
  45. Artan Shtrungza Prosecutor
  46. Ened Nakuci Prosecutor http://aksesdrejtesi.al/profil/36
  47. Enkeleda Millonai Prosecutor http://aksesdrejtesi.al/profil/37
  48. Vladimir Mara Prosecutor http://aksesdrejtesi.al/profil/51
  49. Margarita Buhali Judge http://aksesdrejtesi.al/profil/94
  50. Esmeralda Keshi (Cami) Prosecutor http://aksesdrejtesi.al/profil/4
  51. Klodiana Veizi Judge http://aksesdrejtesi.al/profil/89
  52. Saida Dollani Judge http://aksesdrejtesi.al/profil/63
  53. Behar Dibra Prosecutor http://aksesdrejtesi.al/profil/34
  54. Zeqir Hoda Prosecutor http://aksesdrejtesi.al/profil/61
  55. Elida Kackini Prosecutor http://aksesdrejtesi.al/profil/44
  56. Olsian Cela Prosecutor http://aksesdrejtesi.al/profil/23
  57. Maela Alicanaj Legal Advisor
  58. Altin Dumani Prosecutor http://aksesdrejtesi.al/profil/45
  59. Enkel Peza (legal assistant, candidate magistrate)
  60. Sokol Ibi Judge http://aksesdrejtesi.al/profil/102
  61. Sonila Muhametaj (Domi) Prosecutor http://aksesdrejtesi.al/profil/120
  62. Artur Kalaja Judge http://aksesdrejtesi.al/profil/105
  63. Daniela Shirka Judge http://aksesdrejtesi.al/profil/52
  64. Iliriana Olldashi Judge http://aksesdrejtesi.al/profil/53
  65. Doloreza Musabelliu Prosecutor http://aksesdrejtesi.al/profil/115
  66. Klodian Kurushi Judge http://aksesdrejtesi.al/profil/55
  67. Genti Xholi Prosecutor http://aksesdrejtesi.al/profil/121
  68. Sander Simoni Judge http://aksesdrejtesi.al/profil/47
  69. Miliana Muca Judge http://aksesdrejtesi.al/profil/54
  70. Thoma Jano Prosecutor http://aksesdrejtesi.al/profil/54
  71. Asim Vokshi Judge http://aksesdrejtesi.al/profil/73
  72. Gjon Fusha Prosecutor http://aksesdrejtesi.al/profil/129
  73. Edlira Petri Judge http://aksesdrejtesi.al/profil/127
  74. Ilir Toska Judge http://aksesdrejtesi.al/profil/17
  75. Dhimiter Lara Judge http://aksesdrejtesi.al/profil/64
  76. Manjola Kajana Prosecutor http://aksesdrejtesi.al/profil/107

The reconstruction programme after the earthquake of November 26th, tenders and contracts

The Albanian Government continued its tender procedures during March – June for the reconstruction and development of buildings and areas damaged by the November 26th 2019 earthquake. So far, there are two authorities involved: the Albanian Development Fund and the Municipality of Tirana. Open Procurement Albania is preparing passports for every tender and contract procedure related to this programme. So far, several contracts are announced by the Albanian Government. The procedure selected for tenders is the restricted (not the open) procedure, and the deadline for expression of interest in each case is no longer than 10 calendar days. The Procedure and Deadline are predetermined by Normative Act No. 9, dated 16.12.2019 on Dealing with the Consequences of the Natural Disaster, a normative act equivalent to a law. This is done by avoiding and bypassing the regular application of the common rules and legislation on Public Procurement. The same procedure and the same deadline were applied even in the case of contracts exceeding the High Monetary Limit, which requiring international competition and call. The deadline for expression of interest by law in the case of the limited procedure is at least 20 working days for each phase, while the limited procedure is used only in specific cases. The application of rules and procedures pre-determined by a Normative Act through very short deadlines and the Limited Procedure corresponds with situations exposed to higher risks related to competition and bid efficiency. Below are the tenders announced so far (June 2019)

 

List of Tenders Reconstruction Program from the Albanian Development Fund includes 18 http://openprocurement.al/sq/albaniandf/list/keyword/Programi%20i%20Rindertimit?

These 18 tenders of the Albanian Development Fund have a total value limit of 14 281 395 708 (fourteen billion and two hundred and eighty-one million, and three hundred and ninety-five thousand and seven hundred and eight) Lekë. This is equal approximately to 116.1 million euros. Tenders are listed as follows:

  1. Reconstruction of individual residences and reconstruction of public infrastructure and any other interventions serving the reconstruction of these homes. For a fund of 6 186 125 775 (six billion and one hundred and eighty-six million and one hundred and twenty-five thousand and seven hundred and seventy-five) Lekë. The budget projected for this year (2020) is 5,49 billion lekë. The budget has been made available by the Albanian Government’s (not donors) budget. The scope of the Framework agreement includes the reconstruction of individual homes, construction and reconstruction of public infrastructure, and any other intervention serving these homes on the territory of the municipalities of Durres, Kamza, Kavaja, Rrogozhina, Kruja, Kurbin, Lezha, Mirdita, Shijak, and Vora. This tender was originally announced on March 10th, 2020, with a deadline for submission of expression of interest of only 9 days. The tender failed and was re-announced on April 28th, 2020. The Albanian Development Fund has not yet announced who was qualified, has not identified the winning bid, and has not announced the signing of any contract as part of the Framework Agreement for this tender Link http://openprocurement.al/sq/albaniandf/view/id/293
  2. The next tender is the Construction and Reconstruction of public infrastructure in the new areas announced for Mandatory Development. For a projected value of up to 3 726 934 577 (three billion and seven hundred and twenty-six million and nine hundred and thirty-four thousand and five hundred and seventy-seven) Lekë, or approximately 30.3 million euros. The budget allocated for this tender for 2020 is 745 389 915 million lekë. The scope of the framework agreement consists of the infrastructure of these zones, and utility, and urban infrastructure. The public infrastructure means the construction sites in areas assigned for free development and available for construction, the transport infrastructure, water supply and sewage infrastructure, energy supply infrastructure, community infrastructure of squares, parks, sports playgrounds, and public lighting on the territory of the municipalities of Durres, Kamza, Kavaja, Rrogozhina, Kruja, Kurbin, Lezha, Mirdita, Shijak, and Vora. This tender was announced on April 28th, and there is no yet any information about its progress Link http://openprocurement.al/sq/albaniandf/view/id/323
  3. Equally, another lot procedure is also announced on March 17th for a total fund limit of 4,175,217,853 (four billion and node hundred and seventy-five million and two hundred and seventeen thousand and eight hundred and fifty-three) lekë without VAT. The budget available for 2020 is 1,043,804,463 lekë without VAT. Lots are as follows:
  4. Lot 1. The reconstruction of educational facilities in the areas affected by the earthquake with a funding source includes the Reconstruction Fund, Budget approved by decision no. 212, dated 11. 03. 2020 on the Use of the Reconstruction Fund to fund reconstruction of educational facilities. The value without VAT is 511 405 370 lekë. http://openprocurement.al/sq/albaniandf/vieë/id/297
  5. Lot 2. Reconstruction of schools, Municipality of Kruja, for a value of 490 413 615 lekë without VAT. Lot 2 includes the 9-year elementary school “Selman Daci”, the 9-year elementary school and kindergarten “Ramazan Jangozi”, the 9-year elementary school and kindergarten “Kastriot Derveni”, the 9-year elementary school Gjon Luka, Luz. The total construction surface of all these buildings is approximately 10 691 m2. The call was announced on 17 March. The submission deadline is 27 March. LINK http://openprocurement.al/sq/albaniandf/vieë/id/298
  6. Lot 3. Reconstruction of educational facilities, Municipality of Durres for a value of 845 723 696 lekë without VAT. The educational facilities included in Lot 3 are: the 9-year elementary school and the kindergarten “Bedrie Beziqi”, kindergarten “Met Hasa”, the 9-year elementary school “Neim Babameto”, the 9-year elementary school and kindergarten “Hasan Koci”, all with a total construction surface of approximately 18 438 m2. Link http://openprocurement.al/sq/albaniandf/vieë/id/299
  7. Lot 4. The reconstruction of educational facilities, Durres Municipality 2, for a value of 850 692 969 lekë. The educational facilities included in lot 4 are Shaqe Mazreku School, the joint High School Rexhep Mesini, the 9-year elementary school and kindergarten Adem Gjeli, the 9-year elementary school Xhelal Shtufi Shkafanaj, the Njazi Mastori 2+3, school and kindergarten, the 9-year elementary school Vellezrit Haradinaj, all with a total construction surface of approximately 18 545 m2. LINK http://openprocurement.al/sq/albaniandf/vieë/id/300
  8. Lot 5. The reconstruction of educational facilities in Kavaja and Rrogozhina Municipality for a value 414 766 205 lekë without VAT. The educational facilities included in lot 5 are the vocational school Charles Teleford Erickson, the 9-year elementary Shtodher, the vocational school 26 Marsi, Golem dormitory, the 9-year elementary school of Gosa, the elementary school and the kindergarten of Vila Bashtove, all with a construction surface of approximately 9041 m2. http://openprocurement.al/sq/albaniandf/vieë/id/301
  9. Lot 6. The reconstruction of educational facilities in Kamza municipality for a value of 621 757 340 lekë without VAT. The educational facilities included in lot 6 are the 9-year elementary school Halil Coka, the secondary school Sulejman Elezi, the kindergarten Lidhja e Prizrenit Paskuqan, the kindergarten Halit Coka, all with a construction surface of approximately 13 555 m2. Link http://openprocurement.al/sq/albaniandf/vieë/id/302
  10. Lot 7. The reconstruction of educational facilities in the municipality of Shijak for a value of 440 458 658 lekë without VAT. The educational facilities included in lot 7 are: the 9-year elementary school Ramazan Subashi, the 9-year elementary school Ahmetaq, the kindergarten in Kodër Berxullë, the kindergarten in Marqinet, the 9 year elementary school Lidhja e Prizrenit, the general secondary school 16 Shtatori, kindergarten no. 1, Vlashaj kindergarten, the secondary school Kajo Karafili, all with a construction surface of approximately 9 602 m2. http://openprocurement.al/sq/albaniandf/view/id/303
  11. The other tenders consist of monitoring the execution of the key contracts and lots. Link http://openprocurement.al/sq/albaniandf/list/keyword/Programi%20i%20Rindertimit?

 

Another institution involved in the Reconstruction Programme tenders is the main Municipality in the country, i.e. the Municipality of Tirana. This municipality is the only one, which, using funds from the central budget, will manage the reconstruction tenders on its own territory on its own.

So far, this municipality has announced several tenders Link: http://openprocurement.al/sq/tender/list/keyword/Programi%20i%20Rindertimit?

But so far, the highest-value tender remains the one for the reconstruction of individual homes, within and outside the new areas designated for development, construction and reconstruction of public infrastructure, as well as any other interventions serving the reconstruction of individual homes outside the new development areas.

This tender has a fund limit of 2 123 598 655 leks (two billion and one hundred and twenty-three million and five hundred and ninety-eight thousand and six hundred and fifty-five) lekë or about 17.26 million euros. The tender was announced in March with a smaller fund limit, but it failed, as none of the bids submitted did not comply with the criteria defined in the tender documents. The tender was re-announced in May with a higher value, and after several changes to the budget allocated to Tirana Municipality by a decision of the Council of Ministers. Even in this tender, the applied procedure is the limited procedure. Several areas are so far designated on Tirana’s territory for development after the earthquake, including 5 Maji, Autotraktoret, Kombinat, Agricultural University, Baldushk, Vaqarr, and Zall Herr. All the decisions of the Council of Ministers designating these areas are listed in our tender passports, and the decisions contain the coordinates and satellite photos of the respective area. http://openprocurement.al/sq/tender/vieë/id/32944

Tirana municipality has also announced tenders for designing several schools to be reconstructed following the earthquake  http://openprocurement.al/sq/tender/list/keyëord/Programi%20i%20Rindertimit?

The Albanian government’s reconstruction programme, designed in January – February 2020, following the earthquake and emergency situation for natural disasters. The Albanian government, through its Albanian Reconstruction Committee, has estimated that the total need for reconstruction is 1,076.15 billion euros (132.4 billion Lek), including all the sectors for interventions in 11 municipalities in the country.

This amount will be used for reconstruction through a programme that the Albanian government has baptized as the Reconstruction Programme. Monitoring and public information on this process is an important moment that relates to the efficiency, management, and trust of the citizens in the process.

Case Study – Public Procurement Big Contracting

Another activity of our project Improve Integrity of Public Contractors was the preparation of two case studies for two large public contracts and procurements. The objects of the first one is the Concessionary Agreement for the financing, design, renovation, supply, reorganization and functioning of the PPP concessionary for providing laboratory services to hospitals, regional and municipal ones. The second case study refers to the procedure for Buying uniforms for the State Police for several years.

The first procedure is a procedure conducted in 2017 and finalized with a contract being awarded only in 2019. The selection was done through an open tender and a consortium of several companies was selected as the winner, [1]with these companies established a concessionary company later[2]. The procedure was followed by wide debate about the selection of the winning operator, as one of the companies of the winning consortium was registered in a country under the shell regime. The local authorities did not demonstrate any efforts to make any verifications of the integrity of this company or to check for potential conflicts of interest of its owner(s).

The case study developed as part of the project identified some wrong procedures that had already been opposed by the Government-contracted Consultant. Upon review of this case study, it was found that:

1) The Contracting Authority – the Ministry of Health, did not meet one of the essential conditions provided by the Law and Regulations on concessions/PPPs, namely: The legal obligation of comparing the PPP Model with the Public procurement to prove the cost effectiveness of the PPP project compared to the Public procurement, which would allow for the development of this Project;

2) The Contracting Authority has not published any reference for the financial analysis based on technical, quantitative, or statistical elements for the laboratory services as the basis for calculating the value of the Project in the amount of 13,005,966,000 lekë, without VAT;

3) The Implementation of the Laboratory Project for almost the entire Territory of the Republic of Albania carries an edit risk for the Public party, because in case of failure, this could lead to collapse of the Public laboratory system, which would be a health catastrophe;

4) The Contracting Authority has failed to deliver on its commitment to reduce the social impact of the project.

5) The Winner of the Project is selected in contradiction with the legal framework on concession/PPPs, the criteria published by The Contracting Authority, and without taking into consideration the Opinion of the IFC international expert;

6) The contract does not provide for one of the main insurances for projects of this nature, such as “Insurance of Professional Liability”.

Find the Case Study HERE (Albanian) and Here ( English)

The case of central purchases represents the highest value tender held so far by the Central Purchasing Authority. This tender is held on behalf of the State Police Directorate. The procedure selected for contracting in this case is a particular procedure rarely used, given its limits regarding the high monetary values. What is interesting is that this tender is being held at the same time the project is implemented. This case was selected given the problems already evident with the type of procedure followed[3], already excluding interested operators from competing by selecting them through the limited procedure

Find the Case Study – Here ( Albanian)

[1] http://openprocurement.al/sq/hconcession/view/id/6

[2] http://opencorporates.al/sq/nuis/L91923002T

[3] http://openprocurement.al/sq/agency/view/id/344

Purchases for Covid-19 Situation, the Albanian Government applies Secrete Contracts, bypassing Participation and Transparency

AIS, an organization promoting Open Data Albania, observes with concern that the Albanian Government has decided, in an anti-constitutional manner, illegally, and without any legitimate need, to consider Secret Contracting and Procedures for purchasing during the emergency created by Covid-19.

 

  • Through two Decisions of Council of Ministers (DCM), namely: DCM No. 203, dated 26.02.2020 “On procedures to be used for signing Contracts dictated by the State Essential Interest” and amendments made by DCM No. 242, dated 22.03.2020 “On some amendments to Decision No. 203”, the Council of Ministers considers procedures and contracting related to Covid-19 as equal to Secret Contracting LINK.
  • This DCM is in contradiction with the Constitution. Article 118, paragraph 2 of the Constitution of the Republic of Albania provides that “The Law shall authorize the issuance of secondary legislation, assign a competent body, issues to be regulated, as well as the principles on the basis of which such legislation is issued”. Article 6 of the Public Procurement Law (which the Council of Ministers refers to in issuing this DCM) does not authorize the issuance of any Special Normative Acts for secret contracts, contracts requiring special safeguards, or contracts dictated by the state essential interest. DCM No. 203 does not contain any definition of the situation, circumstances, or cases when “state esential interest” are applicable, but leaves it under the case-by-case discretion of the contracting authorities; In other words, the term “state essential interest” is not legally regulated, and it remains an abstract concept, which is not defined, and which is left up to the subjective decision of the authorities, increasing thus the risk of arbitrariness.
  • The above-mentioned Decisions of the Council of Ministers lead to situations, where clients are selected without any published calls for expression of interest, which makes it impossible to identify and look for efficient operators. In this time of crisis, the possibilities for supplies are limited and characterized by dynamic changes. Many are applying innovative forms, in order to enable as fast tracing and identification of the leading suppliers as possible, ensuring supplies in the current situation. Governments cannot trace these suppliers by communicating with one client only, leaving no room for presentation and participation. This approach violates every Principle of Participation and Competition.
  • The Government has made an unjustified intervention, as long as the Albanian Legislation (Law No. 9643/2016) regulates already the Negotiation Procedure and Limited Procedure quite well, which could already provide for fast, efficient, and useful purchases, without any need for secret operations. These two procedures, already provided for by the national Legislation, do guarantee the possibility for supplies in situations of emergencies and disasters, guaranteeing Proportionality.
  • On the other hand, all the elements of a contract, such as the scope of purchase; process; characteristics and specifications of goods or services to be purchased, would not be subject to any Publication; Transparency; and Accountability for purposes of Ensuring Trust and Public Oversight, given that they are going to be secret.
  • Violation of the Principle of Open and Transparent Governance. The Albanian Government is avoiding the principle of Open Government, and this happens at a time when the Reformed Legislation in the Area of Contracting in several European countries, and not only, requires all contracts made in cases of emergency to be fully published as open data. This is to recall that since 2009, Albania is part of the Open Government Partnership, taking a special commitment in the context of Procurement Sector, not yet fulfilled.
  • Classification of these contracts (procedures) as secret because of the essential interest of the state falls against even the Normative Act of the Government on Announcement of Situation of Natural Disaster itself, an act which contains no provisions restricting the Constitutional Right to Information (Article 23 of the Constitution).

 

Our organization considers these acts of the Government as anti-constitutional, illegal, unjustified, and in contradiction with the basic principle of good governance, i.e. Accountability and Transparency. Direct Negotiation (Article 33 of the Procurement Law) and the Request according to the Limited Procedure (Article 31 of the Procurement Law) are sufficient to guarantee fast, efficient, and intelligent Contracting and Procurement, and proportional to the Essential Interests of the People of a State.

 

AIS joins the Open Contracting Partnership Recommendations for Governance, recommendations for Purchases in the situations created by Covid-19, for Fast, Smart and Transparent Purchases (Open) https://www.open-contracting.org/what-is-open-contracting/covid19/

Tender for the Reconstruction Program for the State-Supported Share

Open Procurement Albania publishes information for procurement procedures worth of 9.4 billion Albanian Lek (76,42 million Euros) for Homes and Schools damaged by the Earthquake. The Government opts for Limited Procedure, avoiding open bidding competition. The 20-days timeframe for submission of requests by interested competitors is not respected.

Data, documents, and information on every stage of such procedures can be easily accessed in our database for transparent procurement: http://www.openprocurement.al/sq/albaniandf/list

The Albanian government through the Albanian Development Fund has announced contractions worth 900410 141 (nine billion and four hundred million and ten thousand and one hundred and forty-one Albanian Lek). Equivalent to 76,42 million Euros). Purpose of tender: Construction of Homes and Schools in the regions affected by the Earthquake (November 2019) The financing is from the state budget. The procedure applied is the limited procedure (not open). This procedure requires interested parties to submit a request to the authority, and then the authority selects the bidders based on the eligibility criteria, and not on the bids they have submitted. The selected companies or operators are then notified of their selection and asked to submit their bids to the authority, which selects the best bid. This non-open procedure is envisioned by the Law on Public Procurement (Law No. 9643, Article 31). The law requires such procedures to be used only when it is necessary to make a difference between the selection phase, where candidates are qualified/disqualified, and the phase of deciding who the winning operator is following a review of their bids. The Limited Procedure is to apply in specific cases and requires legal arguments. With the bidders already known (through the selection phase), the process is more likely to present risks for the competition and efficiency compared with the Open Procedure. The contracting authority would have to carefully argue why it opted for this procedure. Such arguments are not found in the information made available for the public regarding the tender documents, or in any reports by the Albanian Development Fund.

The list of procedures published on 10 and 11 March includes:

  1. Reconstruction of individual houses in areas affected by the earthquake. As part of the reconstruction process. Reference of this procedure REF – 53475-03-09-2020 with a fund limit of 5 525 192 288 (five billion and two hundred and twenty-five million and one hundred and ninety-two thousand and eighty-eight Albanian Lek). The scope of the Framework Agreement includes the reconstruction of individual houses as per the model projects (1+1, 1+2, 1+3) in the territory of Durrës, Kamza, Kavajë, Rrogozhinë, Krujë, Kurbin, and Lezha municipalities. Mirdita, Shijak, and Vorë. According to the Standard Document, the house reconstruction can be done as a group or separately on the site of existing houses, as designated by the mandatory local plans. The procuring authority is the Albanian Development Fund. The interested parties are only given nine calendar days (not working days) to submit their bids. Based on Law No. 9643 and No. 34, and Decision No. 914 of the Council of Ministers, the time available for bidders to submit their tenders is 20 days, which is a criterion that the Authority has not met, putting the procedure at risk. The tender submission deadline is set in contradiction with the 20-days deadline. On this procurement passport, under Open Procurement Albania, you will find the documents accessible for the public. LINK http://openprocurement.al/sq/albaniandf/view/id/293
  2. Equally, a Lot Procedure was announced on March 17th for a total fund limit of 4,175,217,853 (four billion and one hundred and seventy-five million and two hundred and seventeen thousand and eight hundred and fifty-three) Albanian Lek without VAT. The budget available for 2020 is 1,043,804,463 Albanian Lek without VAT. Lots include:
  3. Lot 1. Reconstruction of schools in areas affected by the earthquake funded by the Reconstruction Fund through the budget approved by Decision No. 212, dated 11. 03. 2020 on The use of the Reconstruction Fund to fund reconstruction of schools. The fund limit without VAT is 511 405 370 Albanian Lek (without VAT). http://openprocurement.al/sq/albaniandf/view/id/297
  4. Lot 2. Reconstruction of schools in Kavaja Municipality for an amount of 490 413 615 Albanian Lek without VAT. The buildings to be reconstructed under Lot 2 include the 9-year elementary school “Selman Daci”, the 9-year elementary school “Ramazan Jangozi”, the 9-year elementary school “Kastriot Derveni”, the 9-year elementary school “Gjon Luka” in Luz village, which cover all a surface of approximately 10 691 m2. The tender was announced on 17th of March, while the deadline for the submission of bids is 27th of March. LINK http://openprocurement.al/sq/albaniandf/view/id/298
  5. Lot 3. The Reconstruction of Schools in Durres Municipality consists of 845 723 696 Albanian Lek without VAT. The schools included in Lot 3 are: the 9-year elementary school and the kindergarten “Bedrie Beziqi”, kindergarten “Met Hasa”, the 9- year elementary school “Neim Babameto”, the 9-year elementary school “Qemal Mici, the 9-year elementary school “Hasan Koci” with a total construction surface of approximately 18 438 m2. Linku http://openprocurement.al/sq/albaniandf/view/id/299
  6. Lot 4. The Reconstruction of Schools in Durres Municipality 2, value 850 692 969 Albanian Lek. The schools to be reconstructed under Lot 4 include “Shaqe Mazreku” School, the United High School “Rexhep Mezini”, the 9-year elementary school and kindergarten “Adem Gjeli”, 9-year elementary school “Xhelal Shtufi Shkafanaj”, 9-year elementary school “Njazi Mastori 2+3”, pre-elementary school and kindergarten, 9-year elementary school “Haradinaj Brothers” with a total construction surface of all buildings of approximately 18 545 m2. LINK http://openprocurement.al/sq/albaniandf/view/id/300
  7. Lot 5. The reconstruction of schools in Kavaja Municipality and Rogozhina for 414 766 205 Albanian Lek without VAT. The schools to be reconstructed under Lot 5 include: the vocational school “Charles Teleford Erickson”, “26 Marsi” vocational school, the dormitory in Golem, the 9-year elementary school in Gose village, the pre-elementary school and kindergarten in Vile Bashtove, which cover all a construction surface of approximately 9041 m2. http://openprocurement.al/sq/albaniandf/view/id/301
  8. Lot 6. The reconstruction of schools, Kamëz Municipality, value 621 757 340 Albanian Lek without VAT. The schools to be built under Lot 6 include the 9-year elementary school “Halil Coka”, the secondary school “Sulejman Elezi”, the kindergarten “Niko Hoxha”, the kindergarten “Lidhja e Prizrenit” in Paskuqan, the kindergarten “Halit Coka”, which cover all a total surface of approximately 13 555 m2. Link http://openprocurement.al/sq/albaniandf/view/id/302
  9. Lot 7. The reconstruction of schools in the municipality of Shijak for an amount of 440 458 658 Albanian Lek without VAT. The schools covered by lot 7 are: the 9-year elementary school Ramadan Subashi, 9-year elementary school Ahmetaq, Kindergarten in “Kodër Bërxullë”, “Marqinet” Kindergarten, “Lidhja e Prizrenit” Elementary School, “16 Shtatori” High School, Kindergarten number 1, “Vlashaj” Kindergarten, “Kajo Karafili” High School with total construction are of all schools approximately 92602 m2. http://openprocurement.al/sq/albaniandf/view/id/303

Dear friends, we wish you are well and safe in these difficult weeks of Covid 19 pandemic. Our staff is teleworking since the 10th of March. Each of us is safely working from home, being in online communication with each other, our collaborators, and targets groups. In these difficult days we continue to disclose data, ensure transparency and assess risks related with payment and public contracting to strengthen information, transparency and accountability. Our motto: Follow Taxpayers’ Money

Our Project Open Contracting Albania and Red Flag Index Impact, media coverage, and public pressure

There have been dozens of media articles published every month based on the data provided by the system for Transparent Procurement and Red Flag algorithm. The articles are generally of a reporting nature and quite discrete usually in the arguments they provide. The information available has helped especially fact based journalism. There have never been so many articles in the media on public tenders and contracts.

Potential Audience

Citizens; Media Representatives; Citizens Advisory Panels of Municipalities, Citizens Counsels, local and central government institutions interested in good models of opening up public information; Stakeholders and representatives of organizations involved in watchdog or advocacy processes; Parties interested in implementation of Open Contracting models.

The information has encouraged model of reporting, investigative, reactive, and very civilized journalism

Some of the titles of these articles in English are listed below:

  1. Contract for Skenderbeg Square, an additional amount of money for Fusha Sh.p.k.

https://exit.al/en/2018/11/16/e1-million-more-to-fusha/

  1. Fusha wins Vlora Boulevard tender in another dubious procedure

https://exit.al/en/2018/03/28/fusha-wins-vlora-boulevard-tender-in-another-dubious-procedure/

  1. Municipality of Tirana gives 360 thousand EU in a suspicious tender

https://exit.al/en/2019/02/19/municipality-of-tirana-gives-e360-thousand-in-a-suspicious-tender/

  1. Here are the 50 business companies which have won most of the municipality tenders.

https://shqiptarja.com/lajm/investimetja-50-subjektet-te-cilat-kane-marre-me-shume-tendera-nga-bashkite

  1. Elbasan municipality carries out tenders without competition and in conflict of interest

http://www.qualityjournalism.com.al/2018/08/25/bashkia-elbasan-tendera-jo-transparente-dhe-hije-konflikti-interesi/

  1. The entire State on Fusha shpk (business). More than 43 million lekë in contracts from the Local Government

https://exit.al/2018/08/gjithe-shteti-per-fusha-shpk-mbi-e43-milione-kontrata-nga-pushteti-lokal/

  1. Shkodra and Tirana mayors sign tenders beyond their mandate

http://shekulli.com.al/tirana-e-shkodra-kryebashkiaket-firmosin-tendere-pertej-mandatit/

  1. Tenders without competition. Voltana Ademi (Shkodra mayor) turns the municipality into her own property

https://www.gazetatema.net/2018/10/08/tendera-pa-gare-voltana-ademi-e-kthen-bashkine-e-shkodres-ne-prone-te-saj/

  1. Albanian Development Fund disqualifies 10 companies from the race, except for the winner

https://www.faktor.al/2019/03/07/fondi-shqiptar-i-zhvillimit-skualifikon-10-kompani-pervec-fituesit-emri-i-kompani-shume-te-njohur/

  1. Which are the companies that have got most of the tenders this year, with Fusha shpk leading

http://www.rd.al/2018/07/kush-jane-5-kompanite-qe-kane-fituar-me-shume-para-nga-tenderat-ne-3-vite-kryeson-fusha-shpk/

  1. Tirana municipality tender conducts suspicious tender for maintenance of the lighting system.

https://shekulli.com.al/bashkia-tirane-tender-i-dyshimte-per-mirembajtjen-e-ndricimit/

  1. The High State Audit: the Urban Renaissance Project, Belsh municipality conducts illegal tenders, municipality reaction.

https://www.gazetatema.net/2018/05/29/klsh-rilindja-urbane-e-belshit-u-be-me-tendera-te-paligjshem-reagon-bashkia/

  1. Kavaja mayor conducts ten suspicious tenders within the year

https://shqiptarja.com/lajm/kryebashkiaku-i-kavajes-10-tendera-te-dyshimte-brenda-vitit

  1. 10% of the municipality tenders are awarded on clientelism bases

https://lapsi.al/2018/05/29/10-e-tenderave-te-bashkive-jepen-me-klientelizem/

  1. Luxury and corruption in the Prime Minister’s Office

https://exit.al/2019/05/luks-dhe-korrupsionin-ne-ndertesen-e-edi-rames/

  1. 6 million Euros for 400 pine trees. Tirana Municipality Tender, Democratic Party reports the case to the Posecutor’s Office

http://www.panorama.com.al/2-6-milione-euro-per-400-pisha-pd-kallezon-penalisht-veliajn-ja-dy-akuzat/

  1. Municipalities allocate 62 billion lekë more for tenders before the Elections

https://a2news.com/2019/05/14/bashkite-62-miliarde-leke-me-shume-per-tendere-para-zgjedhjeve/

  1. On the edge of elections, Mayor Veliaj allocates 1 more billion lekë for tenders

https://gazetamapo.al/para-zgjedhjeve-veliaj-1-miliarde-leke-me-shume-tendera/

  1. Klos Municipality awards 3 tenders to the mayors company

https://portavendore.al/2019/05/20/bashkia-klos-tre-tendere-ish-kompanise-se-kryetarit/

  1. Tirana municipality announces tender over 104m lekë for Youth Park

https://portavendore.al/2019/05/01/bashkia-e-tiranes-shpall-tenderin-mbi-104-milione-leke-per-parkun-rinia-ja-si-do-te-jete/

  1. Call for tenders for the Zogu i Parë Boulevard announced, 7 million $ for600 meters.

https://portavendore.al/2019/03/13/hapet-tenderi-per-bulevardin-zogu-i-pare-7-milione-dollare-per-600-metra/

  1. Ten companies win half of the 1 billion tenders of municipalities

https://portavendore.al/2018/09/12/dhjete-kompani-fitojne-gjysmen-e-tendereve-1-miliardesh-te-bashkive/

  1. Tirana municipality conducts 103 suspicious tenders for 6 months

https://portavendore.al/2018/12/07/bashkia-e-tiranes-103-tendere-te-dyshimte-per-6-muaj/

  1. Elbasan municipality, conducts tenders without competition and suspicions of conflict of interest

https://portavendore.al/2018/08/29/bashkia-e-elbasanit-tendere-pa-gare-dhe-hije-te-konfliktit-te-interesit/

  1. Municipalities spend 58 million lekë for parties and decorations.

https://portavendore.al/2019/01/04/bashkite-harxhojne-58-milione-leke-per-festa-dhe-zbukurime/

  1. Another illegal contract of 4 million euro signed by Tirana Municipality for the company of Member of Parliament Abazi

https://exit.al/2018/12/tjeter-kontrate-e-paligjshme-prej-4-milione-euro-nga-bashkia-tirane-per-alko-impex/

  1. Unbelievable misappropriation, The State Budget is shared between friends and members of parliament. Unbelievable figures

http://www.droni.al/2019/04/07/super-vjedhje-buxheti-i-shtetit-eshte-ndare-me-miqte-dhe-deputetet-shifrat-te-marrin-frymen/

  1. Scandal! We have no water, but 100 million go to the physical security of the water supply facility

http://www.standard.al/2019/04/16/skandali-nuk-kemi-uje-por-100-milion-leke-shkojne-pe-kompanite-qe-ruajne-ujsjellesin/

  1. Red flag tenders in Finiq Municipality

https://sarandaweb.net/tenderi-me-flamur-te-kuq-ne-bashkine-finiq-2-leke-me-pak-se-fondi-limit/

  1. 10% of Municipality Public Procurement appeared to be problematic

https://exit.al/2018/05/prokurimet-publike-te-bashkive-10-perqind-e-tendereve-me-probleme-konkurrence/

  1. Skanderbeg Square, the battle of billions of lekë over the last 10 years

https://faktoje.al/sheshi-skenderbej-dhe-beteja-miliarda-lekeshe-e-dekades-se-fundit/

  1. Fusha Company wins another tender without competition, setting a record of 43 contracts without competition by Mayor Veliaj.

https://lapsi.al/2019/04/15/kompania-fusha-fiton-nje-tjeter-tender-pa-gare-rekord-43-kontrata-nga-erion-veliaj/

  1. Sharra landfill takes away public money, and here are the payments made

https://balkanweb.com/landfilli-ne-sharre-vjel-parate-publike-e-private-ja-shifrat/

  1. Million lekë of tenders for the customers and insignificant amount of money for the citizens, a corruptive precedent with the Pazari i Ri

http://open.data.al/sq/lajme/lajm/id/2431/Miliona-per-klientet-therrime-per-qytetaret-precedenti-korruptiv-i-Veliajt-tek-Pazari-i-Ri

  1. 350 thousand dollars for a tender. Activist: this is why Spiropali must resign

http://open.data.al/sq/lajme/lajm/id/2416/350-mije-dollare-tendera-aktivistja-Pse-duhet-te-dorehiqet-Elisa-Spiropali

Our Project for Empowering Youth in Tech Industry, BootCamp with students of kursori.org

Empowerment of Youth through online training and employment opportunities in the Tech-Industry market. This is the impact of the project implemented by two organizations in Kosovo and Albania, the ODK and AIS. The project enabled school students from non-developed areas such Kurbini and Lezha to be trained and mentored at three levels via the platform Kursori.org. Thirty of the best students, trained and distinguished for their developers’ skills worked together during the BootCamp to program business ideas. In the end, the works were presented in front of Tech-Industry businesses representatives in Albania and Kosovo, who are looking for junior staff in their companies. BootCamp is on of the activities of our Open ICT Education project for Youth Employability, funded by the European Union in Albania as part of the IPA Cross Border Cooperation Albania-Kosovo. You may find the successful works conducted in the Bootcamp on our site and on the social networks of AIS and ODK.

Open Corporations Albania, business data in the country, database audience grows

The Open Corporates Albania website, which provides information of an economic nature, in the Albanian language, reaches a record number of clicks. Over 20 thousand unique users every month, i.e. 40% more than last year, Open Corporates Albania has resulted to be a favorable website for the information it provides for business companies contracted by public institutions. In January 2020, according to Google Analytics, the website reached a total of 32899 unique users and 1 million page views. Although 90% of the information is only available in the Albanian language, the website is also clicked in other countries as well. Thus, 78.4 % of the clicks come from Albania; 4.2% from neighboring Italy, third comes USA with 3.4% of the clicks, followed by Kosovo, Germany, United Kingdom, the Netherlands, Greece, Turkey, and France. Currently, the website is being maintained and updated with data by AIS team, a non-governmental organization promoting Open Data in Albania

Open Data promotes investigative journalism, facts about fraud through tenders

1 in 3 tenders without fair competition, open data encourage investigative journalism to denounce corruption with taxpayers’ money On January 7th, the TopStory investigative show on Top Channel denounced forms of fraud through public procurement tenders. Shocking facts were brought to the program for one in every three tenders without fair competition. 300 million euros of taxpayers’ money results to be lost every year, abused and misappropriated through tenders with clientelist elements. AIS, an organization promoting Open Data in Albania, contributed to this courageous TV investigation through data released: Specifically: Data about tenders and contracts with problems regarding competition published on the Open Procurement Albania portal; information about clientelist companies published in the Open Corporates Albania portal, and data on the payments from the State Budget published on Spending Data Albania . For the last four years, AIS has been publishing data and assessing the risk of irregularities in tenders, known as RedFlag procurement, identifying information and gaps for every tender held by municipalities Albanian Development Fund Albanian Road Authority Health SectorCentral Purchasing AgencyPublic-Owned Agency;