AIS has traced tenders carried out by health institutions in the country, creating a database with information on tenders’ procedures, purchases, performance, and status. The database enables transparency and tracing of contracts signed for:

Medications –http://openprocurement.al/en/htender/covid/title/BARNA%20COV-2? 

Equipment –http://openprocurement.al/en/htender/covid/title/APARATURA%20COV-2?

Protective Gears – http://openprocurement.al/en/htender/covid/title/MJETE-MBROJTESE%20COV-2?

Medical Oxygen – http://openprocurement.al/en/htender/covid/title/OKSIGJEN%20COV-2?

or

Purchases of Vaccines –http://openprocurement.al/en/htender/covid/title/KONTRAKTIME%20VAKSINIM%20COV-2?

The data are listed by type of procedure and institution. Tracing, transparency, and accountability take particular importance in times of crisis and humanitarian disasters. The database of tenders carried out during the situation of the natural disaster created by Covid19 is part of the project in “Public contracts in a situation of the natural catastrophe caused by Covid-19 – Strengthening the Independent Monitoring Mechanisms”, supported financially by the US Embassy Democracy Commission Small Grants Program in Tirana. The opinions, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect those of the State Department.

Open Data Albania is investigating the costs envisioned to be paid for Private Public Partnerships (PPP) or concessions, covered by the 2021 state budget. The article conducts an analysis of the concessionary PPP contracts that are active in 2021 and the costs envisioned for each of these contracts for the period 2018-2023.

In 2021, according to the Explanatory Report of Law No. 137, the 16.12.2020 ‘On the 2021 Budget’, 18 PPP concessions are to be covered by public funds. Over 274 concessionary companies are registered in the country. For each of them, the Concessionary Register created by AIS organization contains information and data on the scope of the contract, its management, and performance. Of these concessionary PPP contracts, some are budgeted and paid directly from the state budget. The total value envisioned to support concessions from public funds for 2021 is a planned amount of 14 432 692 000 (fourteen billion and four hundred and thirty-two million and six hundred and ninety-two thousand ALL). If we convert it to Euros, it is equal to around 116 769 352 (one hundred and sixteen million and seven hundred and sixty-nine thousand and three hundred and fifty-two) Euros, according to the official average exchange rate of the Bank of Albania for 2020.

Data: MFE (2020), Report for 2021 state budget, downloaded on 21.12.2020
Processing and Analysis: Open Data Albania

The planned cost for 2021 for covering these concessions by public funds is equal to fifteen point seventy-four (15.74%) per cent of the total investments envisioned in the 2021 budget.

In terms of the budget deficit, the value stands at thirteen points twenty-eight (13.28) per cent of the projected deficit value for 2021.

Also, the planned cost for covering PPP concessions by public funds expressed in terms of Gross Domestic Product results in zero point zero nine (0.09) per cent of the Gross Domestic Product.

The legal condition for calculating Costs for covering PPPs by public funds and state budget is that the total amount of annual net payments, which are conducted by the central government units, which result from the concessionary contracts or public private partnerships (PPP), should not exceed the limit of 5 per cent of the actual budget tax revenues of the previous year. For 2021, the costs planned for PPP concessionary contracts are estimated at three points twenty-six (3.26) per cent of tax revenues.

Data: MFE (2020), Report for 2021 state budget, downloaded on 21.12.2020
Processing and Analysis: Open Data Albania

The highest cost among thirteen contracts envisioned for public funding for 2021, is marked by the contract for the construction and operation of “Rruga e Arbrit” (Arber Road). The projected value for this contract is 4 105 100 000 (four billion and one hundred and five million and one hundred thousand ALL, or 28% of the cost planned for the total PPP for 2021. This is the contract with the highest value, signed by the Ministry of Infrastructure and Energy. The contract is implemented by the concessionary company Gjoka 87. The contract is signed in 2018 with the company Gjoka Konstruksion. During the period 2019-2023, payments envisioned as budgetary support from public funds for the contract are estimated at 16 529 100 000 (sixteen billion and five hundred and twenty-nine million and one hundred thousand).

The second largest contract is the one entitled Concession/PPP (Provision of customized set of surgical instruments, sterile single-use medical supplies used in surgical halls, biological waste treatment and disinfection of surgical halls). The projected value in 2021 for this contract covered by public funds is 1 704 982 000 (one billion and seven hundred and four million and nine hundred and eighty thousand) ALL, or 12% of the planned total cost for 2021. This contract is signed by the Ministry of Health and Social Protection. This contract is managed by SaniService concessionary company and is signed with this company in 2015. During the period 2018-2023 payments envisioned as budgetary support covered by public funds are projected at 10 027 713 000 (ten billion and twenty-seven million and seven hundred and thirteen thousand) ALL.

The third largest contract ais entitled “Customs scanning service”. The projected value for this contract is 1 580 698 000 (one billion and five hundred and eighty million and six hundred and ninety-eight thousand) ALL or 11% of the planned total cost for 2021.  This contract is signed by the Ministry of Finances and Economy. This concessionary contract is managed by 2S Albania company. The contract is signed in 2013 with Rapiskan company, and is amended law in 2015. For the period 2018-2023 payments envisioned as budgetary support covered by public funds are estimated at 9 667 011 000 (nine billion and six hundred and sixty-seven million and eleven thousand) ALL.

The fourth contract in terms of the projected total cost is the one entitled “For the construction of the landfill, incinerator, and rehabilitation of existing Tirana waste disposal sites and electricity production. The projected value for this contract is 1 386 921 000 (one billion and  three hundred and eighty-six million and nine hundred and twenty-one thousand) ALL or 10% of the planned total cost for 2021.  This contract is signed by the Ministry of Infrastructure and Energy/Tirana Municipality. The contract is implemented by Integrated Energy BV SPV, owned by GeoGenix.  The contract is signed in 2017. For the period 2018-2023 payments envisioned as budgetary support covered by public funds for this concessionary project are estimated at 7 474 381 000 (seven billion and four hundred and seventy-four million and three hundred and eighty-one thousand) ALL.

Ranking continues with the PPP project for “Provision of Hospital Laboratory Services” The projected value for this contract is 1 280 444 000 (one billion and two hundred and eighty million and four hundred and forty-four thousand) ALL or 9 % of the planned total cost for 2021.  This contract is signed by the Ministry of Health and Social Protection. The concessionary contract is implemented by the laboratory NETWORKS company. http://opencorporates.al/sq/nuis/L91923002T The contract was signed in 2019 with a consortium consisting of a union of operators like Labopharma Sh.p.k & Exalab France & AB Laboratory Solutions B.V. For the period 2021-2023, payments envisioned as budgetary support for this contract, and covered by public funds are estimated at 6 923 565 000 (six billion and nine hundred and twenty-three million and five hundred and sixty-five thousand) ALL.

The concession/PPP for the medical checkup of the population aged 35-70 is planned to be paid during 2021 in an amount of 876 090 000 (eight hundred and seventy-six million and ninety thousand) ALL, or 6% of the planned total cost for 2021.  This contract is signed by the Ministry of Health and Social Protection. This concessionary contract is implemented by 3P Life Logistic. The contract is signed in 2015. For the period 2018-2023 payments envisioned as budgetary support covered by public funds are estimated at 5 256 523 000 (five billion and two hundred and fifty-six million and five hundred and twenty-three thousand) ALL.

Another concession contract that is active and covered with public funds is the one entitled “The construction, operation and maintenance of the Milot-Morine Road”. The projected value for this contract in 2021 is 800 259 000 (eight hundred million and two hundred and fifty-nine thousand) ALL, or 5.5% of the planned total cost for 2021.  This contract is signed by the Ministry of Infrastructure and Energy. This concessionary contract is managed by the concessionary company “ALBANIAN HIGHWAY CONCESSION”. The contract is signed in 2016 with the consortium ‘Catalyst Viva Das General Contracting LLC, Salillari, sh.p.k, Bee Tech-Violiap Ateve and Kastrati, sh.a’’. For the period 2019-2023, payments envisioned as budgetary support covered by public funds are estimated at 3 704 262 000 (three billion and seven hundred  and four million and two hundred and sixty-two thousand) ALL.

The next active contract in 2021 covered with public funds is the one entitled the Concession/PPP (Provision of the Dialysis Service in 5 regional hospitals). The projected value for this contract is 779 000 000 (seven hundred and seventy-nine million) ALL, or around 5.4% of the planned total cost for 2021.  This concessionary contract is managed by the concessionary company “DiaVita”. The contract is signed in 2016. For the period 2018-2023 payments envisioned as budgetary support covered by public funds are estimated at 4 475 539 000 (four billion and four hundred and seventy-five million and five hundred and thirty-nine thousand) ALL.

Another concessionary contract is the one entitles The construction, operation and transfer of the incinerator for processing of Fier urban waste. The projected value for this contract is 752 770 000 (seven hundred and fifty-two million seven hundred and seventy thousand) ALL, or about 5.2% of the planned total cost for 2021.  This concessionary contract is managed by the company Integrated TechnologyWaste Treatment Fier. The contract is signed in 2016. For the period 2018-2022, payments envisioned as budgetary support covered by public funds are estimated at 3 763 852 000 (three billion and seven hundred and seventy-three million and eight hundred and fifty-two thousand) ALL.

An active concession project in 2021 is the one entitled “For improving educational infrastructure in the municipality of Tirana. The projected value for this project is 658 325 000 (six hundred and fifty-eight million and three hundred and twenty-five thousand) ALL, or about 5% of the planned total cost for 2021. There are currently two contracts to improve educational infrastructure through PPP concessions (known as the concessionary schools). The contract for improving the educational infrastructure in Tirana Municipality in Zone is implemented by concessionary company Z.M.A. The contract is signed in 2018 with the winning group of operators, including: GI KONS shpk, MET ENGENEERING shpk and ZENTI&CO. This project is covered by the contract “For improving educational infrastructure in the municipality of Tirana in Zone 4. This contract is implemented by the concessionary company Tirana 4. The contract was signed in 2020 with the concessionary group of companies consisting of:  The Union of economic operators: Alba Konstruksion shpk, FUSHA, ED KONSTRUKSION, ERZENI/SH, SON Engineering & Construction and A & E ENGINEERING sh.p.k. For the period 2020-2023, payments envisioned as budgetary support covered by public funds for the project are estimated at 4 649 443 000 (four billion and six hundred and forty-nine million and four hundred and forty-three thousand) ALL. This project is supported through the interim tax for improving educational infrastructure, tax paid only in Tirana municipality.

Construction and operation of the access road to Yacht Port – Orikum-Dukat Bypass (St. Elise Bridge) The projected value for this contract in 2021 is 393 979 000 (three hundred and ninety-three million and nine hundred and seventy-nine thousand) ALL, or about 3% of the planned total cost for PPPs for 2021.  This contract is signed by the Ministry of Infrastructure and Energy. This concessionary contract is managed by the concessionary company “Orikum – Llogara Road”. The contract is signed in 2019 with “GJIKURIA” sh.p.k. For the 2020-2023 payments envisioned as budgetary support covered by public funds are estimated at 2 903 318 000 (two billion and nine hundred and three million and three hundred and eighteen thousand) ALL.

The construction and operation of Milot-Baldren Road is another active concessionary contract, which means costs to the budget. The projected value for this contract is 65,000 (sixty-five million) ALL.  This contract is signed by the Ministry of Infrastructure and Energy. This concessionary contract is implemented by BARDH KONSTRUKSION company. The contract is signed in 2019 with the company NK sh.p.k as the concessionary, and “BARDH KONSTRUKSION” as the concessionary company. For the period 2020-2023, payments envisioned as budgetary support covered by public funds are estimated at 1464 945 000 (one billion and four hundred and sixty-four million and nine hundred and forty-five thousand) ALL.

The construction, operation and transfer of incinerator for urban waste processing of Elbasan Municipality is the other concessionary contract to be active in 2021 and supported by public funds. The projected value for this contract is 49 124 000 (forty-nine million and one hundred and twenty-four thousand) ALL.  This contract is signed by the Ministry of Infrastructure and Energy. This concessionary contract is implemented by ALBTEK ENERGY company. The contract is signed in 2014 by the former contracting authority, the Ministry of Environment with Albtek Energy company and is amended in 2015. For the period 2018-2021, payments envisioned as budgetary support covered by public funds for the project are estimated at 2 033 626 000 (two billion and thirty-three million and six hundred and twenty-six thousand) ALL.

Passports are created in the  OpenCorporates.Al portal for every concessionary PPP company and their owners. Through the Concessionary Companies, 274 such companies can be listed and viewed (registered as of February 2020).

 

Magistrates that are appreciated (viewed) for their scientific research, publications and contribution to the doctrine of law

The Register of Magistrates, created by the organization AIS, promotor of Open Data for Albania, ranks the most favorite Judges and Prosecutors according to Google Analytics and Google Search Console shows in terms of their contribution to the Doctrine of Law and in areas like Constitutional Law, Ownership, Contract Law, etc.

In creating this data mine, containing data and documents for magistrate judges and prosecutors in the Republic of Albania, in addition to CVs, we have also included decisions, evaluations, self-declarations, and the scientific research done by these magistrates. Below are the most viewed documents on the Access Info Justice database, Register of Magistrates Magjistrat.al

The most viewed documents for January include:

1. The PhD Thesis of Ms. Evelina Qirjako is the most viewed document in January. It is entitled “The meaning, importance, and criteria of validity of judicial action in the case of Transfer of Real Estate, its importance, nature and the effect of the registration of a title of ownership in registers of real estate”. This dissertation was defended in 2016 at the University of Tirana, Faculty of Justice. The mentor for this thesis is Professor Ardian Nuni.

Ms. Qirjako has exercised the duty of the Supreme Judge during 2008-2017. Her mandate was terminated by a decision of the Supreme Judicial Council dated 24.04.2019, and her title as a Magistrate is subject for review by the transitory justice institutions. Profile of Ms. Qiriako

• The second top viewed document in January is a doctoral dissertation in the area of Constitutional Law. The dissertation entitled “The Constitutional Control in Albania, the Role of the Constitutional Court as a guarantor of the Rule of Law and Fundamental Human Rights”. This author of this scientific research in the area of Constitutional Law is Ms. Valbona Bala (Pajo). Mrs. Bala had previously been an Assistant Judge at the High Court. Her re-evaluation process (vetting) was interrupted following a long saga of complaints and decisions by the institutions involved. The dissertation is defended at the University of Tirana with Prof. Aurela Anastasi being the Associate Academic. Document Ms. Bala is an author of scientific publications on issues related with the execution of decisions of the European Court of Human Rights.

 

• The third most viewed document written by Magistrates (Magjistrat.AL) is a dissertation for a PhD Degree by a magistrate, whom the temporary Justice Institutions have decided to interrupt the reevaluation process. Ms. Rezarta Mata with her scientific research on “Extra-contractual responsibility of public bodies in Albania” is viewed hundreds of times in January. At the time her reevaluation process was interrupted, Ms. Mata exercised the duty of Judge in the Judicial District Court of Tirana. She has defended her dissertation for a PhD Degree at the University of Tirana, Faculty of Law, with Professor Ermir Dobjani as her mentor.   Her scientific research is published under the Documents section, in the profile of Magistrate Rrezarta Mata, in the Register of Magistrates.

In the meantime, a good number of views are still marked for the PhD Dissertation of the member of the High Judicial Council, Mr.  Erjon

While the most viewed profiles (not documents) in January are:

Eloida Goxhi

Ardian Dvorani

Olsian Cela

At Access Info Justice (magjistrat.al)you will find information and documents for the Justice System, institutions and individuals. The database aims to boost public control over integrity, create a model Register of Magistrates, and contribute to ensuring broad access to Sector-related information by boosting public confidence. http://magjistrat.al/

 

Following years of monitoring and risk assessment in public procurement in the areas of public health, local government, and national infrastructure, AIS has drafted 7 proposals for the reform of public procurement and contracting. These recommendations will be proposed to the main parties in elections, suggesting their involvement in their electoral program and promises. The recommendations were drafted in the framework of the Governance for Change Forum, Proposals by civil society organized by Co-Plan and partners. The proposals will be officially handed over to the political parties running in the 2021 elections.

Public Procurements and Contracting, Recommendations for Public Procurement Reform

About 30 % of the tenders in sectors like Health, National Infrastructure, and Local Government Units have marked a high risk of irregularities in procedures over the last 3 to 5 years. Lack of competition, disqualification of Economic Operators with cost-effective bids, and finally the frequent cancellations of procedures are indications of a large room for clientelism and abuse of procured funds.

The situation is even more critical in the case of Contracting being done through Special Laws without procurement, tenders, or secret contracting.

Another major issue with procurement in the country, with serious consequences for public  contracting and tenders, is the lack of control over the integrity of the contractual partners, when Contractors are Business Companies, whose Origin of Capital, or Origin of the Controlling Package, is in a country with a commercial register of shell companies, a register, where individual owners are not declared, and where confidentiality is preserved.

In such cases, in addition to the typical irregularities, we face the risk of contracting companies that are in a conflict of interest or subject to laundering money generated from crime or corruption.

The table above is based on, and illustrated with data from:

• Public procurements and risk assessment algorithm OpenProcurement.al
• OpenCorporates.al Business contracted in tenders, PPP, or Albania 1Euro Program.

Given the above, the country needs immediately a Reform in Public Procurement. This reform is not simply of legal character. Actually, legal changes often do not lead to results. Many changes regarding public procurement will have to be made on other laws. Procurement reform must start with elements like:

1. Prohibition of ‘contracting through special laws’ by law. The same should also apply to ‘changes to contracts by special laws’. Such laws are also known as ad hoc laws, special laws, laws used for one contract only, and contracting through political decision-making.
2. A legal framework that guarantees control of the integrity of the Public Contractors and that of the Capital Controlling Package. The law on the declaration of end beneficial owners should immediately enter into force and must be strictly implemented, especially for contractors or subcontractors of public contracts (public assets and funds).
3. Public monitoring, Integrity Pact or strengthening independent monitoring mechanisms and social auditing in the procurement process. Many countries that have undertaken reforms in the Public Procurement System have worked in partnership with specialised anti-corruption organizations. The external risk assessment system, independent auditing of criteria and commitment to the standards and principles of Open Contracting. Criteria in each procedure to be audited by specialized independent entities. Then the race is announced.
4. Application Shortlisting and periodic verification of the capabilities of Economic Operators. If an operator is periodically assessed, there is no reason to assess and disqualify it on a case-by-case basis. Disqualifying the operator with higher offers for basic criteria, accompanied by lack of complaints, is often an indicator of fictitiousness and arrangements among the competing businesses. This kind of disqualification is often found in tenders for National Infrastructure the Development Fund and the Albanian Road Authority, which are also high-portfolio institutions for tenders.
5. Transparency. No contract should become effective without having been first published. The same principle should apply to each stage of the contracting, from planning the contract to its final execution.
6. Application of Open Contracting Partnership principles and standards. Application of algorithms for risk marking by institutions themselves.
7. National Anti-Corruption Strategy must contain a special chapter on Anticorruption in the Public Sector

Other recommendations are also published on the AIS organization’s website

Magjistrat vs Kontribut në Doktrinë

Evelina Qirjako Valbona Bala dhe Rezarta Mataj janë 3 Magjistrate që megjithëse jashtë apo të pezulluara në Institucionet e drejtësisë vlerësohen për kontribut në Doktrinën Juridike. Doktoraturat e tyre në sektorët E Drejtë Pronësi; Konstitucionalizëm dhe Dëme Jashtë Kontraktore janë tre dokumentat më të klikuar në Muajin Janar 2021 në Regjistrin e Magjistratëve AksesInfoDrejtesi.

Regjistër i Magjistratëve dhe Kontributi Shkencor, Publikime dhe Klikime

Magjistrat që vlerësohen (klikohen) për punimet shkencore, publikimet dhe kontributi në doktrinën e të Drejtës

Ne Regjistrin e Magjistratëve krijuar nga organizata AIS, promotore e OpenData për Shqipërinë, renditja e klikimeve sipas Google Analytics dhe Google Search Console tregojnë se cilët Gjyqtar dhe Prokuror janë të pëlqyeshëm për shkak të kontributit të tyre në Doktrinën e së Drejtës dhe në fusha si Konstitucionalizmi, Pronësia, E Drejta e Kontratave , E drejta Kushtetuese e më tej.

Në krijimin e kësaj miniere me të dhëna dhe dokumenta për Gjyqtar dhe Prokuror Magjistrat në Republikën e Shqipërisë, janë vendosur veç CV, Vendimeve, Vlerësimeve, Kontrolleve e Vet deklarimeve edhe Punimet Shkencore të Magjistratëve. Më poshtë janë dokumentet më të kilikuara në DataBazën AksesInfoDrejtësi RegjistriMagjistratëve Magjistrat.al

Në vend të parë për muajin Janar, dokumente të klikuara:

1.    Doktoratura e zonjës Evelina Qirjako është dokumenti më i Kliluar në Muajin Janar, titull i Disertacionit është “Kuptimi Rëndësia dhe Kushte të Vlefshmërisë së Veprimit Juridik në Rastin e Kalimit të Pasurisë së Paluajtshme, Rëndësia, Natyra dhe Efekti që Ka Regjistrimi i Titullit të Pronësisë në Regjistrat Publik të Pasurive të Paluajtshme”, Disertacioni është mbrojtur në vitin 2016 pranë Universitetit të Tiranës, Fakulteti i Drejtësisë. Udhëheqës i Temës është Profesor Ardian Nuni.

Zonja Qirjako ka ushtruar detyrën e Gjyqtares së Lartë në periudhën 2008-2017, Mandati i saj është i përfunduar me vendim të Këshillit të Lartë Gjyqësor datë 24.04.2019 dhe titulli i saj si Magjistrat është subjekt për shqyrtim në Institucionet e përkohshme të drejtësisë. Profili znj. Qiriako

2.    Në vendin e dytë si dokumentet më të klikuar në muajin Janar qëndron një Temë Disertacion Doktoraturë në fushën e Konstitucionalizmin. Disertacioni me temë “Kontrolli Kushtetues në Shqipëri Roli i Gjykatës Kushtetuese si garante e Shtetit të së Drejtës dhe të Drejtave Themelore të Njeriut”. Është zonja Valbona Bala (Pajo), autore e këtij punimi shkencor në fushën e konstitucionalizmit. Zonja Bala ka qenë më herët Këshilltare pranë Gjykatës Kushtetuese. Procesi i saj i rivlerësimit (Vetting) është ndërprerë pas një sage të gjatë ankesash dhe vendimesh nga institucionet e përfshira. Disertacioni është mbrojtur po pranë Universitetit të Tiranës me udhëheqës shkencorë Prof. Aurela Anastasi Akademike e Asociuar.  Zonja Bala është autore e botimeve shkencore edhe në çështje që lidhen me ekzekutimin e vendimeve të Gjykatës Europiane për të Drejtat e Njeriut. Profili znj. Bala

3.    Në vendin e tretë si dokument me karakter Publikim Shkencor autor Magjistrat (Magjistrat.AL) është  Disertacioni për Mbrojtje Grada Doktor po një Magjistrati për të cilin institucionet e Përkohshme të Drejtësisë kanë vendosur ndërprerje të procesit të rivlerësimit. Zonja Rezarta Mata me dokument punimin shkencor me titull “Përgjegjësia Jashtë Kontraktore e Organeve Publike në Shqipëri është klikuar me qindra herë në Muajin Janar. Në momentin e ndërprerjes së procesit të rivlerësimit zonja Mata ushtronte detyrën e Gjyqtarit të Rrethit Gjyqësor Tiranë. Disertacioni dhe Grada Doktor është mbrojtur po pranë Universitetit të Tiranës Fakluteti i Drejtësisë me udhëheqës Shkencor Profesor Ermir Dobjani. Publikimi Shkencor është vendosur në rubrikën Dokumente të profilit të Magjistrat Rezarta Mataj (në Regjistrin e Magjistratëve)

Ndërkohë në nivele të mirë klikimi vijon të qëndrojë Disertacioni Doktoratura e Anëtarit të KLGJ z. Erjon Muharremaj

Ndërsa nga Profilet (jo dokument) më të klikuara në Janar janë:

Eloida Goxhi

Ardian Dvorani

Olsian Cela

Në Akses Info Drejtësi (magjistrat.al) do të gjeni informacion dhe dokumenta për Sistemin e Drejtësisë, Institucione dhe Individ. Databaza synon të rrisë kontrollin publik mbi Integritetin, të krijojë modelin e Regjistrit të Magjistratëve dhe të kontribuojë për Akses të Gjerë në Informacionet që Lidhen me Sektorin duke rritur besimin publik. http://magjistrat.al/