Comments and Recommendations on Public Consultation – Amendment to the Law on Public Procurement AIS Open Data Albania
The Albanian Institute of Science, widely recognized as the driving force behind Open Data Albania (AIS/Open Data), has undertaken a thorough review of the Draft Law proposing amendments to the existing Law on Public Procurement. Specifically, we have closely examined the Notice for Public Consultation regarding this draft law, which addresses various additions and changes to Law No. 162, dated December 23, 2020, concerning Public Procurement.
The Albanian Government introduced these Draft Amendments on June 20th, and they are currently available on its website for Public Consultation, welcoming input from relevant stakeholders.
Given our organization’s dedication to matters pertaining to the Public Procurement and Contracting sector, AIS/Open Data has previously participated in public consultations involving State Institutions engaged in this domain.
Concerning the June 2023 Draft, which has not yet been submitted to the Assembly, AIS has communicated its Comments and Recommendations (attached) in a letter to the Albanian Government Coordinator for Information. We are particularly concerned about three new developments that the proposed law seeks to integrate into the legal framework of the Public Procurement sector. These aspects and concepts have not been clearly and exhaustively addressed, thereby conflicting with the overall Legislation or the existing regulations regarding Public Procurements. The areas of concern include:
- The concept of the Service Provider (a distinct entity from the State Procurement Authority).
- The establishment of a harmonized and paid Electronic Procurement System.
- The application of Artificial Intelligence in the Procurement Process, for which no specific laws or practices currently exist.
Additionally, we have evaluated the following aspects:
The proposed Draft Law seems premature; it lacks clear references to specific sections of the draft that align with EU Directives and introduces notions that are not regulated in our national legislation, lacking a foundation in proven models.
Certain provisions within the draft could potentially limit broad access to monitoring and participation in Public Procurements, thus posing a risk for regression.
The draft itself presents partial and non-exhaustive provisions for some concepts.
The explanatory report does not provide sufficient information about the underlying models and does not cite an evaluation document analysing the need for intervention.
AIS / Open Data Albania requests the Council of Ministers to withdraw the draft from the ongoing Consultation and Advancement process, returning it for further review within the Institutional Working Groups.
We have attached the letter we sent to the Coordinator of Information at the Council of Ministers, including our Comments and Recommendations for Public Consultation.
Looking ahead, in September, AIS/Open Data Albania will be organizing an event focused on the Need for Improvements in the Legislation of Public Procurements.
We highly value your attention, cooperation, and active participation in this essential matter.
