Tendera me Risk për Parregullsi dhe Probleme të Garës Bashki viti 2021

Date : 26 Janar, 2022

Në vitin 2021 Bashkitë kanë zhvilluar 29 tendera me vlerë mbi 100 milion lekë dhe me shënimin RedFlag çfarë tregon për rrisk potencial për parregullsi dhe korrupsion në garë

Bashki problematike paraqitet Durrësi, për shkak të procedurës së dhënies me negocim (pa garë) e Kontratës me Vlerë 1 148 864 000 Lekë objekt pune Depozitimi i Mbetjeve Urbane Bashkia Durrës. Kjo procedurë u mbajt në muajin Shtator 2021, dhe Kontraktori përfitues është Integrated Ebergy BV SPV.

Po bashkia Durrës shënon edhe dy tender të tjerë po me vlerë mbi 100 milion lekë të mbajtur gjatë vitit 2021 dhe që kanë risk të lartë për parregullsi, abuzime dhe korrupsion. Konkretisht është tenderi për Ndërtimin e rrjetit K. U. Z të fshatit Shënavlash Bashkia Durrës me vlerë fondi limit 364 498 645 Lekë.  ky tender u bë me garë të hapur, por gjatë vlerësimit u s’kualifikua ofertuesi me vlerë më të ulët. Tenderi u fitua nga bashkimi i operatorëve EdiCom shpk dhe 2T shpk. Po në Bashkinë Durrës gjatë vitit 2021 është zhvilluar duke marrë shënimin për risk edhe tenderi Lot 1 Naftë 10ppmULSD me vlerë fondi limit 109 199 733  Lekë, i fituar nga Kastrati shpk.

Bashkia Tiranë ka 3 procedura kontraktimi të mbajtura në 2021, me vlera mbi 100 milion lekë dhe me risk për parregullsi. Vlera e Fondit Limit për to është 2 033 144 843 Milion lekë.  Tenderi me titull “Shtesa e Impiantit të përpunimit të ujit të pijshëm Bovillë 1800l/s faza e 2 me 1200l/s. është procedura, që shënoi vlerë fondi limit 1 762 144  843 Lekë. Kjo procedurë është fituar duke s’kualifikuar operatorin me ofertë më të leverdishme (ulët). Po bashkia Tiranë ka edhe dy tenderime të tjera me risk si tenderi Për Shtesa e Kontratës Rikonceptimi i Kopshtit Zoologjik vlerë fond limit 105 311 644 lekë dhe Blerje Kimikate për UKT 165 78 500 lekë.

Bashkia Pogradec ka dy tendera të tillë, konkretisht “Ndërtim i ujësjellësit rajonal Çërravë & Dardhas-Burimet e Gurrasit” me vlerë fondi limit 775 722 413 Lekë dhe “Ujësjellësi i Mokrës Faza e II-të”, Bashkia Pogradec me vlerë 221 972 534 Lekë.

Një bashki e vogël si Poliçani shënon tender me vlerë të fondit limit prej 700 000 000 Furnizimi me ujë i fshatrave Vertop, Bregas, Fushe-Peshtan dhe Vodice, Bashkia Poliçan” dhe me markimin me red flag si tender me risk për parregullsi në garë. Shënimi me red flag është vendosur pasi në procedurë mori pjesë vetëm një kompani.

Elbasani ka gjithashtu tendera të tillë , konkretisht atë me titull Kryerja e shërbimit të pastrimit në qytetin e Elbasanit dhe Blerje makineri pajisje për UK.

Rikonstruksionet e rrjetit te Ujësjellësit, janë gjithashtu ne listën e Bashkisë Dropull të renditura si gara me shënime rrisku.

Ndërsa Shkodra

Tenderët me Red Flag janë tendera ku vlerësohet automatikisht se gara ka një problematikë me konkurrencën apo mungesën e garës. Lista e Plotë Red Flag Tendera në Bashki është e afishuar në Portalin Open Procurement.al

 

Constitutional Court must abrogate the Corruptive Law – Democratic Party Supports the Lawsuit prepared by the Civil Society

Date: 17 Janar, 2022

The Democratic Party has filed a lawsuit in the Constitutional Court demanding the Suspension and Abrogation of Chapter VI of the Normative Act with the power of Law no. 9/2019 “On coping with the consequences of natural disasters”. This law violates the Freedom of Economic Activity as a constitutional freedom. Contracting for the 2019 Post-Earthquake Reconstruction Program with a fund of about120 billion Albanian Lekë is being done with contractors selected without open competition, restricting Economic freedoms. This law creates premises for the selection of businesses in clientelist ways causing high financial loss. AIS/OpenData, an Albanian Civil Society Organization prepared this Lawsuit  , and is filed to the Constitutional Court in September 2021. The Constitutional Court refused to review the Lawsuit, claiming that the organization does not have to justify direct interest in such claim. Recognizing the essence of the Lawsuit, and responding to the Organization’s request to set the Constitutional Court in motion at all costs, the Democratic Party supports the Civil Society request, and filed this Lawsuit signed by its 28 Members of Parliament. Now, the Constitutional Court must examine the unconstitutionality of this law.

Stages of the Process

  • Data 28.09.2021 AIS files in the Constitutional Court a Lawsuit against Law no. 9/2019 “On coping with the consequences of natural disasters”, which violates Constitutional Freedom and creates Clientelism. Lawsuit in Albanian and English .
  • Date 26.11.2021 AIS public statement “The Constitutional Court is delaying the Examination of the Lawsuit, ALL 100 billion are tendered through clientelism.
  • By its decision No. 132, taken on November 15, 2021, published for the parties on December 1, 2021, the Constitutional Court decided not to pass the case for consideration in the Plenary Session by Case Rapporteur, Judge Elsa Toska. Decision No. 132 to Reject the Adjudication of the Case.
  • January 2022 The Democratic Party, with the signatures of 28 MPs submits to the Constitutional Court a Lawsuit for Suspension and Abrogation of Chapter VI, Public Procurement Procedures, Articles 40 – 44, and Article 4, point 7 and point 9, of the Normative Act with the power of Law no. 9, dated 16.12.2019 “On coping with the consequences of natural disasters”, approved by the Assembly of Albania through law no. 97/2019, on 18.12.2019. 
  • Database Contracting Reconstruction Program by Municipality – https://openprocurement.al/en/tender/rindertimi
  • Database Contracting Reconstruction Program by Albanian Development Fund – https://openprocurement.al/en/albaniandf/rindertimi

Trajnim: Forcim i Aktivizmit Civil me fokus Shpërndarjen e Parasë Publike, Rrogozhinë 18.12.2021

Organizata AIS / Open Data Albania në kuadër të zbatimit të projektit me titull Monitorim Qytetar dhe Transparencë mbi Kontraktor të Bashkive për Shërbime dhe Investime Publike I mbështetur nga  Lëviz Albania,një projekt i Agjencisë Zvicerane për Zhvillim dhe Bashkëpunim SDC, mbajti në datat 18 Dhjetor për Bashkinë Rrogozhinë një trajnim për Rritje Kapacitetesh dhe Fuqizim të aktorëve civil Aktivist në Antikorrupsion.

Corruption Risk in Albania Public Procurement (2017 – 2019) – a Document prepared by Heritie School of Governance and the Albanian Institute of Sciences AIS, May 2021.

The OSCE Presence in Albania commissioned the Hertie School of Governance and the Albanian Institute of Science, to research corruption risk in public procurement in two relevant sectors and to propose improvements to the legal and administrative framework for its reduction.

Please find HERE an Executive Summary of the research document.

AIS alarm: Reconstruction Fund, medium-term budget program can be used in the upcoming Elections (2022-2025) to compromise voters through individual grants a few hours before voting.

The risk of misuse of public money in elections is high. AIS denunciation of the misuse of the Post-Earthquake Reconstruction Program in the April 25th Elections was rejected by the Administrative Investigation Institutions.  They did not provide solutions for the violations found in the zone where Prime Minister Rama won. AIS reported that in violation of the Electoral Law, the Council of Ministers Decision dated 25 March and Durrës Municipal Council Decisions 12-24 April, transferred and executed in Durrës 6.1 Million Euro of non-emergency grants with Individual beneficiaries benefitting 1-5 thousand USD. The Commissioner declared himself incompetent and rejected the lawsuit. The CSC, after AIS Appeal, accepted the investigation but ended it with only one hearing where no Experts or challenged parties were heard. Based on the positions of the CSC and those of the Commissioner, the organization raises the alarm that the Reconstruction Fund, a medium-term budget program for 3-5 years, can be used in the next elections to compromise voters by giving individual grants a few hours before voting.

Stages of the AIS Process against the Council of Ministers and the Municipality of Durrës, Denunciation, Decision, Administrative Investigation:

  1. Date 31 May 2021, AIS submits a Denunciation to the State Commissioner for Elections, the Reconstruction Fund was Used in Durrës to Favor the Electoral Entity SP. The respondents include the Council of Ministers and the Municipality of Durrës HERE
  2. Date 16. 07. 2021, State Commissioner Response and Request for Information from Reported Institutions HERE
  • Decision no. 439 dated 2.08.2021 Decision of the State Commissioner for Elections for Extension of the Term of Administrative Review HERE
  1. Rejection by the Commissioner. CEC decision (no. 457, dated 01.10.2021) On the administrative review of a violation provided in decision no. 9, dated 24.12.2020 of the Regulatory Commission, in the Central Election Commission, to the Council of Ministers and the Municipal Council of Durrës HERE
  2. October 28th, 2021. AIS Appeal Against Decision no. 457, dated 01.10.2021 of the State Commissioner for Elections HERE

The hearing in the CSC was held on 8 November. The Complaints and Sanctions Commission (CSC) accepted our Request for changes to be made to the Decision of the State Commissioner regarding its lack of competence, but rejected the allegations of irregularities in the acts of the Council of Ministers and the Municipality of Durrës, i.e. the acts that made it possible to pay Individual grants a few hours before the Voting day. The text of the CSC Notice is as follows

The Complaints and Sanctions Commission reviewed  November 8th appeal no. 74, challenging decision no. 457, dated 01.10.2021, of the State Election Commissioner, a complaint by the organization Albanian Institute of Sciences (AIS).

The Albanian Institute of Sciences has challenged the acts of the Council of Ministers and those of the municipality of Durrës regarding the funds they have allocated to the subjects affected by the earthquake. The State Election Commissioner had claimed lack of competence over this complaint.

Having heard the appellant and having reviewed the documentation, the CSC found that its review is the competence of the CEC bodies, so by a majority of votes, it decided to accept the request to amend decision no. 457, dated 01.10.2021 of the State Election Commissioner, whereby the latter had declared itself not competent for reviewing the complainant’s claim.

At the end of the administrative investigation, the CSC concluded that the acts challenged by the Albanian Institute of Sciences do not constitute a violation of decision no. 9 dated 24.12.2020 of the Regulatory Commission (reformer), because such decisions do not propose, approve, or allocate any new funds, but simply set executive procedures, so by a majority vote it decided to reject the request for an administrative sanction to be imposed for violation of decision no. 9, dated 24.12.2020 of the CEC Regulatory Commission.

 

This Decision can be challenged in the Administrative Court within 30 days from its Disclosure on the CEC Website.

 

AIS partner in the C1-EU-NPA Project, in Fulfilling the Negotiating Chapters (Cluster 1), and in Establishing the EU-Albania Negotiation Platform

C1-EU-NPA, Improving Policy Debate and Accountability in Fulfilling the First Group of Negotiating Chapters (Cluster 1) through the Establishment of an EU-Albania Negotiation Platform. This is AIS‘ newest Project[1] in partnership with CSDG organizations; ISP and the Albanian Helsinki Committee.  The partners aim to Support Albania’s EU accession negotiation process regarding the First Group of Negotiating Chapters (Cluster 1), by improving policy debate, strengthening accountability, and the role of CSOs in the process. The AIS organization will engage with the main focus on the Chapter on Public Procurement, Financial Control, and Statistics. The Financial Supporter of the C1-EU-NPA project is the Embassy of the Kingdom of the Netherlands in Tirana


[1]http://ais.al/new/en/c1-eu-npa-improved-policy-debate-and-accountability-to-delivering-on-fundamentals-first-through-the-establishment-of-cluster-one-eu-negotiations-platform-albania-c1-eu-npa/

Reconstruction of about 100 billion ALL worth is being tendered by Clientelist Procedures. Delays with the Review of Complaint and Claims for Law Abrogation by Constitutional Court

The latest progress report of the European Commission for Albania estimates that there is good progress in the adoption of a new Law on Procurement, according to EU Standards. But in the meantime, the Albanian Government avoids and bypasses this Law by using Special Laws for contracting. Typical cases include contracts for post-earthquake Reconstruction, Medium Term Program of the State Budget, planning around 100 billion Albanian Lekë. Contracting is being done by circumventing the Sector Legislation, according to the Normative Act Law 97/2019. Such act, which has the power of law, violates the constitutional right to Economic Freedom and creates ground for clientelism and favoritism. The Constitutional Court was asked by a Lawsuit to repeal Law 97/2019. The lawsuit was filed on September 18, 2021, and there is still no date for reviewing a Law of the Albanian Government with serious financial consequences. So far, the Reconstruction contracts have been made by the Executive and the Main Municipalities. The lawsuit provides arguments as to what negative effects the application of the Special Law has on the Legislation Drafted according to EU Standards.

Misuse of Public Money in Elections, Legislation and Institutions Do Not Guarantee the Process

The risk of misuse of public money in elections is high. AIS denunciation of the misuse of the Post-Earthquake Reconstruction Program in the April 25th Elections was rejected by the Administrative Investigation Institutions.  They did not provide solutions for the violations found in the zone where Prime Minister Rama won. AIS reported that in violation of the Electoral Law, the Council of Ministers Decision dated 25 March and Durrës Municipal Council Decisions 12-24 April, transferred and executed in Durrës 6.1 Million Euro of non-emergency grants[1] with Individual beneficiaries benefitting 1-5 thousand USD. The Commissioner declared himself incompetent and rejected the lawsuit. The CSC, after AIS Appeal, accepted the investigation but ended it[2] with only one hearing where no Experts or challenged parties were heard. Based on the positions of the CSC and those of the Commissioner, the organization raises the alarm that the Reconstruction Fund, a medium-term budget program for 3-5 years, can be used in the next elections to compromise voters by giving individual grants a few hours before voting.


[1] https://spending.data.al/sq/treasury/list/year/2019/inst_code/2107001/pay_cat/6060099/from_date_reg/2021-03-25/to_date_reg/2021-04-30

[2] https://ndiqparate.al/?p=14577&lang=en

AIS: Concern for Lack of Transparency through the Non-Publication of the Report on the Implementation of the State Budget in the middle of 2021 (legal obligation with a specific deadline)

AIS / Open Data Albania draws attention and raises Concerns about the Lack of Transparency through the Non-publication of the Report on the Implementation of the State Budget by mid-2021 (legal obligation with a specific deadline).

Missing Report on the Implementation of the State Budget by mid-2021

AIS / Open Data Albania finds serious legal violations by the Ministry of Finance of the Law on Budget System Management. Specifically, the Ministry is not publishing the Mid-Year Report on Budget Implementation 2021, which provides data on “Hot” topics such as Debts, Arbitrage Liabilities, Public Costs for Concessions and Failures, and Over-Expenditures.

The team working for Open Data Albania finds that this is the first time that a Law on Budget comes to the Assembly together with the MTBP Medium Term Budget Plan, but with no State Report on the Budget for the closing year.

  • The Ministry of Finances has not yet published the Mid-Year Budget Implementation Report 2021, despite the fact that according to the Organic Budget Law it is a legal obligation of the latter to publish it.
  • This report is drafted in accordance with LAW NO. 9936 DATED 26.6.2008 “ON THE MANAGEMENT OF THE BUDGET SYSTEM IN THE REPUBLIC OF ALBANIA”, AS AMENDED “, where Article 46 “Review of the Budget implementation” provides that:

In June of each year, but not later than the day of submission of the medium-term budget program to the Council of Ministers, the Minister of Finances submits to the Council of Ministers the medium-term budget program and a report on the implementation of the current year’s budget, which is published. This report contains:

  1. an overall assessment of the country’s economic situation, macroeconomic, fiscal, and budgetary indicators for the 5-month period of the current year;
  2.  b) an expected assessment of macroeconomic, fiscal, and budgetary indicators by the end of the current year;
  3.  c) the measures are foreseen to be taken by the Government, in order for the indicators to be realized according to the forecasts; 
  4.  ç) the proposal of the Minister of Finances for the revision or not of the budget.

Until 2020, this report has been published regularly, but for 2021 there is still no publication on the official website of the MFE.

This year:

  1. Either the Ministry is in a state of Irresponsibility and Inability to finalize the report,
  2. or the Report is already finalized, but the State is censoring it by not allowing for its publication and transparency.
Report on the Implementation of the State Budget in the middle of 2020

This document was to be published together with the Medium-Term Budget Plan on the website of the Ministry itself and on the Website of the Assembly, as part of the package of documents accompanying the Budget Law.

AIS / Open Data Albania states that the 2021 budget year is characterized by issues with the budget consolidation regarding electoral expenditures, non-implementation of the investment plan for the Reconstruction Fund, and finally, Serious Costs related to Economic Compensations in Arbitration and other judicial costs incurred with the Albanian state being found guilty.

A few days ago, the public debate at the Assembly between the Chairperson of the ruling majority and the leader of the opposition regarding this report was accompanied by metaphors and insults about the source of the articulated data.

Vacancy for Network Coordinator, part-time for 1 to 3 years

The organization AIS is looking for a part-time Network Coordinator.

The selected candidate will coordinate the activity of a Youth Network in order to empower young people by using OpenData and BigData as part of the OpenData Fellowship Youth Network.

This network will function as a practical program for a group of young people selected to work and to be trained in the use of data as facts in public articulation, investigation, research, creation of awareness campaigns, etc.

The coordinator should be a person with good communication skills, knowledge of data analysis, research experience, previous professional experience, and academic engagement.

All of these should be mentioned in the applicant’s official CV.

The duties of the Coordinator:

  • Work on recruiting a youth team that will be selected to be part of the OpenData Fellowship Youth Network. (Prepare and Distribute the Call, and answer questions during the application).
  • Participate in the selection of applicants. (Interview)
  • Prepare, in collaboration with the selected Project Leader and Trainer, a Curriculum on the training program. (Practical program 24 hours)
  • Prepare the calendar of the Network events.
  • Conducts Info-sessions and Practical Sessions with each member of the network.
  • Track members’ progress and results during their practical engagement.
  • Make final assessments for each network member and draft specific references.
  • Make a Process Evaluation.

The coordinator co-ordinates during the process with the Project Leader.

The engagement time is 4 months (year 1 ends on February 28, 2022) up to 6 months in the second and third year (the project lasts 3 years).

The engagement shall be made based on an employment contract.

Gross Payment (including all to be paid by employers and employees plus income tax) is 840 Euro/Month.

Applicants should email us at [email protected] specifying in the email subject: Application for Network Coordinator

The OpenData Fellowship Youth Network activity is part of the Open Data Project, Access and Transparency over sectors exposed to risk of Corruption, a project implemented by AIS/Open Data Albania, financially supported by SIDA through the Swedish Embassy in Albania.