AIS and ACER express concern over the situation at the highest institution of the public procurement sector

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The two non-governmental organizations engaged in anti-corruption issues, AIS and ACER, express concern about the current situation affecting the functioning and integrity of the Public Procurement Commission (PPC), the highest state authority in the field of public procurement.

The right of businesses to have access to an effective appeal mechanism during public procurement competitions has been compromised due to vacancies, lack of quorum for declarative decision-making, and failure to respect deadlines.

Facts presented:

The Public Procurement Commission is the highest administrative body that reviews and decides on complaints related to procurement procedures. This Commission consists of five members, one of whom is elected as Chairperson.

Since June 30th, by decision of the Special Court Against Corruption and Organized Crime, one of the members of the PPC, specifically the Chairperson, has been indicted and suspended from duty for the criminal offense of “Unequal Treatment in Public Tenders.”

According to the Public Procurement Law, decisions are made with a quorum of 3 members for procurement procedures below the high-value threshold and with 5 members for procurement procedures above the high-value threshold (international tenders).

Due to the lack of quorum with 5 members, the institution is unable to function efficiently and with integrity in reviewing complaints regarding important tenders.

According to data published on Open Procurement Albania, currently there are over 30 complaints administered by the PPC just in 5 sectors monitored by this program: local government tenders, tenders of the Albanian Road Authority, tenders of the Albanian Development Fund, and tenders of the Centralized Procurement Operator.

This number is expected to increase in the coming weeks, including tenders with significant contract values in the total annual public procurement volume.

The institution’s inability to operate with full quorum and the suspension of the Chairperson have created a situation that threatens the principles of fair competition and transparency in public procurement.

The right to an effective legal remedy and access to an independent review body are mandatory standards for countries aspiring to integrate into the European Union.

AIS and ACER call on the Council of Ministers and the new Parliament, which will start its activity in September, to prioritize intervention to restore the institution’s full functionality and integrity standards.

This is essential to guarantee the proper functioning of the appeal mechanism and to protect the legal rights of businesses and contracting authorities in the public procurement sector.