Public Procurement in Albania – Matters of Practice and Legislation

Presentation by: Aranita BRAHAJ, Executive Project Coordinator

Viktor GUMI, AIS’s Legal Expert

October 19th, 2023, h.13.00.

AIS’s commitment towards Transparency, as well as Improving Accountability and Dialogue within the Cluster 1 negotiation framework.

AIS is a local organization founded in 2011, best known as the promoter of Open Data Albania, working on Transparency, Accountability and Good Governance.

SIDA Support and Partnership. For the March 2021 – February 2024 period AIS is implementing the “Open Data Access and Transparency over Sectors exposed to Risk of Corruption” project. Supported by the Swedish International and Development Cooperation Agency, SIDA.

Focus: Open Data, Evidence Based Approach and Anti-Corruption.

AIS has contributed to fostering dialogue for better public policies through Research Articles; Publications, Litigation and drafting of Policy and Position Papers.

AIS is working with young people through its OpenDataFellowship Youth Network on educating, capacity building, as well as internshiping the fellows on articulation and public debate based in facts and data.

AIS is part of a Consortium of 4 Local NGO-s, aiming to Improve Policy Debate and Accountability in the Fulfillment of the First Group of Negotiating Chapters Cluster One, C1-EU-NPA.

AIS and IDM are local partners with Transparency International in the implementation of the Project “EU4Rule of Law: Citizens Engagement for Public Integrity (CEPI) in the Western Balkans and Turkey”.

Download document here.

AIS has built digital databases, based on the Open Data Standards, which have enabled the empowerment of public actors, through easy access to information and facilitation on the monitoring of the public sector (expenditures, procurements, contracting, asset declaration).

Open Procurement Albania.

For each tender we create a Passport containing information on the tendering procedure, by the first notification till at the Budget payment. The passport lists all the Tender Documents (the institutions stop publishing/advertising the relevant tender documents after the finalisation of the tendering).

The information, distributed by institutions is closed formats pdf, not consistent in time and not integrated or comprehensible to third parties.

The AIS team collects and gather all documents, data and information regarding a Tender and creates the integrated tender PASSPORT according to the Open Contracting Standard.

 

In the end, an algorithm for risk assessment makes it possible to mark with a Red Flag tenders displayingrisk of potential irregularities. The algorithm assesses only the variables of Competition and Competitiveness. Models: Instruments and Principles of Open Contracting Partnership; Risk Assessment Tools from Transparency International.

What have we found

Disclosed Data and RedFlag Assessment prompt media investigations; public debates; audits of the Supreme State Control, in some cases even Criminal Complaints in SPAK are based on Open Procurement Albania evidence.

15 to 35% of Tender procedures are RedFlaged, marked for displaying concerning competition and potential clientelism. Municipality tenders score 15% Redfleg procedures, while the Health Sector 30%.

Concentration of Tenders in the hands of Select few Competitors. Absence of foreign companies: 42% of the value tendered in the frame of the State Reconstruction Program was awarded to only 15 local companies.

Businesses Companies allegedly involved in money laundering of organized crime, were given the status of Public Contractor in tenders. (SPAK has started several investigations, complaints have been filed by MPs and the Opposition and evidence can be accessed via the OpenProcurementAlbania Database).

Special laws for certain programs and natural disaster situations have created room for Clientelism.

In 2021, around 28% of the tendered value was tendered through the Restricted Procedure, as established through the Special Law.

Debate and Accountability on Fulfillment of the First Group of Negotiating Chapters Criteria, chapter on Public Procurement

  • Policy Paper, February 2022

Public Procurement Albania through the lens of European Integration. Author V. Gumi

Debate and Accountability on the Fulfillment of First Group of Negotiating Chapters Public Procurement Chapter Criteria

  • Policy Paper, February 2023

Integrity Control of Public Contractors. EU Practice and Contracting in the Albanian Context – The document was drafted by AIS, in collaboration with renown expert Eduard Halimi.

Comments/Recommendations in the framework of the Public Consultation Process regarding the Draft Law presenting Amendments to Law 162/2020.

The organization AIS, promoter of Open Data Albania, engaged in monitoring and identifying issues related to the Public Procurement, comments and recommendations regarding the draft law “On several additions and amendments to law no. 162, dated 23.12.2020 on Public Procurement”, that is currently in the Public Consultation Process and was presented by the Albanian Government in June-July 2023.

The Need to improve the Public Procurement

As part of CI-EU-NPA “Improving the Debate on Policies and Accountability to fulfill basic rights through the creation of the Platform for Negotiations of Cluster I Albania”, AIS held a roundtable on the Needs for Change in Public Procurement Legislation. Member s of the Parliament, Mrs. Jorida Tabaku and Mr. Eduard Shalsi and representatives from the Public Procurement Agency, Mrs. Xhoana Ristani was part of this roundtable. This document comes within the framework of the Consultation process that the Albanian Government has announced for its Legal Initiative with Amendments to this Law. AIS has annylized this draft law taking into consieration EU Accession process where Public Procurement is cpart of Cluster 1. The three important aspects proposed by the Council of Ministers in the Draft are as follows:

See the agenda HERE

See the document HERE

a) Bringing the procurement process out of the public domain, that is, the inclusion of private-non-public entities that will play the role of Contracting Authorities in the public procurement process;

b) The establishment of another SPE Electronic Procurement System which in the draft is presented to us with the first two innovations SPE harmonized and integrated with other electronic systems and the second SPE which is accessed by paid users.

c) Defining Artificial Intelligence as a mechanism that will serve for the development of the SPE for the standardization of technical specifications, as well as the development of the dynamic purchase and electronic auction system using advanced Artificial Intelligence technology and robotic processes, etc.

 

AIS / Open Data Albania presented its position and analysis regarding these three aspects of the Legal Initiative of the Council of Ministers.

This event takes place in the framework of C1-EU-NPA “Improving the Debate on Policies and Accountability to fulfill basic rights through the creation of the Platform for Negotiations of Cluster I Albania”, a project implemented by four Albanian organizations: CSDG, ISP, AHC and AIS, with the support of the Embassy of the Netherlands in Albania in Tirana.

Master Class on Electoral Integrity and Improvement through Data and Evidence-based Processes – Open Data Youth Fellowship

On July 3rd, an event titled “Master Class: Electoral Integrity and Improvement through Data and Evidence-based Processes” was held. This event served as a platform for data analysts participating in the Open Data Fellowship Network’s Youth Capacity Building Program to present to their younger colleagues and those interested in issues related to electoral integrity. The presentations encompassed reports and analyses on this subject.

 

The participants in the event included representatives from relevant institutions and organizations such as OSCE, USAID, the Council of Europe, the Embassy of the United Kingdom, Westminster Foundation for Democracy Tirana WFD, Institute for Political Studies, RYCO Regional Program, SCiDEV, Union of Journalists, and local organizations.

 

Ilir Brasha presented an article on Electoral Projection of Mandate Allocation and the potential risk of underrepresentation through voting. The article, published in June on the Open Data Albania website (Projection of Mandate distribution for MPs in the 2025 elections based on data results for Subjects of the May 14 Electoral Process – Open Data Albania (ndiqparate.al)), and garnered a substantial number of views. Following the presentation, further questions and debates ensued, addressing the reasons and criteria that can directly correlate the number of votes for specific political entities with the number of representatives.

 

Pajtim Nikolli presented findings on the Economic Power of 27 Media Owners in the country. The analysis involved identifying the number of businesses owned by each individual, the sectors in which they operate, their involvement as public contractors in public procurement, the benefits derived from their strategic investor status, participation in the “Albania 1 Euro” Program, and concession contracts and agreements with the Albanian state. This analysis shed light on the economic interests and influences of each owner. Media owners play a significant role in electoral matters, as their positions and interconnections within the business realm can potentially sway electoral opinions and sympathies.

 

Data on Media Owners are published in the Open Corporates Albania Shoqëri Biznesi (opencorporates.al), with the report set to be released on the Open Data Albania website soon.

 

Another important aspect that was presented and discussed during the event was the necessity of utilizing Information and Communication Technology in Electoral Processes. AIS, represented by its founder Besjana Hysa, showcased the Za’Lart Posts application Posts – Za’Lart 2017 – Za’Lart 2017 (ushahidi.io), which can be employed during elections to map irregularities and vote-buying. This application enables individuals to report electoral issues in real-time, providing visual evidence through photos and videos.

 

This event is part of a series of activities aimed at enhancing the capabilities of young people through the Open Data Fellowship Youth Network. The network was established as a component of the Open Data, Access, and Transparency over Sectors exposed to the Risk of Corruption project Open Data, Access and Transparency over sectors exposed to Risks of Corruption – Albanian Institute of Science (ais.al), supported by the Albanian Institute of Science (ais.al) through Sida and the Swedish Embassy in Tirana (2021-2024).

 

The AIS organization has been actively working with young people since December 2021, with the objective of strengthening their ability to combat corruption through civic education and improved fact-checking models. Throughout this period, the organization has organized numerous events Search Results for “youth” – Albanian Institute of Science (ais.al), including training sessions, debate forums, DataThons, individual sessions, and master classes for young individuals. These initiatives aim to help participants develop skills in public speaking, engage in evidence-based debates, and apply the principles of open data. The program is built upon a comprehensive training curriculum, with support from analysts at Open Data Albania, and offers an internship opportunity within the organization.

 

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:

 

  1. The concept of the Service Provider (a distinct entity from the State Procurement Authority).

 

  1. The establishment of a harmonized and paid Electronic Procurement System.

 

  1. 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.

 

The Document

 

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.

Save the date: Open Data Youth Fellowship Master Class on Enhancing Electoral Integrity through Data and Evidence-Based Approaches

Dear friends,

We would like to share with you an invitation to participate in a Master Class Event where Data Analysts and activists who have completed the first cycle of training as part of the Open Data Youth Fellowship and Network will share with new members of the Network evidence, analysis and activities on Electoral Integrity, improvement through data and evidence-based processes.

  • Who can participate: People who share an Interest and Engagement in Electoral Integrity
  • Venue: Rogner Hotel, Vienna Meeting Room
  • When: July 3rd, 14:30 to 17:00
  • Topic: Electoral Integrity, improvement through data and evidence-based processes
  • Project :

This event is part of activities for increasing the capacities of young people, through The OpenDataFellowship Youth Network, established within the Open Data, Access and Transparency over Sectors exposed to Risk of Corruption Project, supported by Sida through the Swedish Embassy in Albania (2021 – February 2024).

The participants of the first round of the Open Data Fellowship Youth Network (2021 – April 2023) will showcase data, visualizations, articles, and opinions related to electoral issues, focusing on the intricacies of the Electoral System and the Map of Problems and Irregularities.

Speakers:

  1. Electoral Mandate Allocation Projections and the Risk of Non-Representation in Voting
  1. The Media’s Influence: Unraveling the Economic Interests of Television Owners and their Impact on Elections
  • Eng. Besjana HYSA, Founder of AIS/Open Data Albania
  1. ICT for Fair Elections – Za’Lart (Raised Voice) for 2025 Elections?!
  2. Mapping  Vote Buying and Irregularities – How can we create such a map using information technology and inviting citizens to report on electoral issues?
  3. Overview of the model already applied by AIS in 2017 Elections.

Our organization, AIS, has been working with young people since December 2021 to strengthen their capacity against corruption through civic education and the improvement of fact-checking models. Events such as training sessions, forums, DataThons, individual sessions, and master classes are organized for young people, aimed at enhancing their skills and capacities in areas such as Public Speaking, Evidence-based Debates, and utilizing Open Data Albania’s philosophy and tools. The program follows a structured training curriculum and includes guidance from analysts at Open Data Albania, as well as opportunities for internships with the organization.

The Open Data Fellowship Youth Network is being established within the Open Data, Access and Transparency over Sectors exposed to Risk of Corruption Project supported by Sida through the Swedish Embassy in Albania.

Save the date for this important event: July 3rd, from 14:00 to 17:00, at Hotel Rogner Tirana. We kindly request you to confirm your participation no later than June 26th.

The event will be conducted in both Albanian and English, and simultaneous interpretation services will be provided by Mrs. Etleva Pushi.

The need for Electoral Reform. A Projection on the Distribution of 2025 MP Mandates based on the May 2023 votes shows defects in representation

Dear Ladies,

Dear Gentlemen,

AIS, the organization promoting Open Data Albania, has just published a Projection of how mandates for MPs would be distributed in the 2025 parliamentary elections, if the electoral subjects would run with the Current Electoral Code applied, and secure as many votes as in the May 14 Elections (votes for the representation of the Subjects in the Municipal Councils).

This projection brings evidence of the distortions of the Electoral Will and non-compliance with the Principle of Representation.

The Current System (Regional Competition) creates Non-Representation even at the expense of small or new parties. The Projection based on the results of May 2023, includes 282,850 Votes of these Parties that are not translated into Mandate, that is, they do not produce any MP mandates at all. This number of votes of the Parties that cannot reach the Parliament, is as much as 21% of the voters in the latest process.

The Current Code, with the results of May 14 and with the same subjects participating in the Election (40 parties), would give the Main Party with 84 Mandates, 10 more than in the 2021 Elections (with 12 electoral subjects running).

The paradox is that this Party would manage to get 3/5ths of the Parliamentiary seats, although in the electoral process it received 188,558 less votes (in 2021, 768,134 votes, while in the May 14 election process, this electoral subject managed to receive 579 576 votes or minus 24.5%) for the municipality councils.

As it is clearly seen from this Projection, the ratio between Votes per Subject and MP Mandates is applied as an Indirect Ratio in the case of the Main Party: Less Voters and More MP Mandates.

See the published report and evidence LINK Projection of Mandate distribution for MPs in the 2025 elections based on data results for Subjects of the May 14 Electoral Process – Open Data Albania (ndiqparate.al)

If the latest elections of May 14th were parliamentary elections, and if the same formula and legal provision of Article 162 of the Electoral Code (in force) were applied for allocating the parliamentary seats, the allocation would be as follows: Socialist Party 84; Together We Win 34; The Official Democratic Party only 11; The Social Democratic Party led by Tom Doshi 9 mandates; The Agrarian Environmentalist Party led by Agron Duka 2 mandates.

What if a National Competition System was applied. If we compare the same vote result as translated into Mandates for Subjects if the country would apply a National Electoral system where Specifically:

–       If the SP would receive 579,576 votes, but the country would have a National, and not a Regional  Competition system, the SP would receive only 67 MPs. So less than 50% of the number of MPs in the Assembly.

Based on the above, AIS / Open Data Albania expresses its concern that this System does not guarantee Fair Representation and respect for the Vote, discriminating also against New Alternatives.

We emphasize the need for Electoral Reform where the Parliament commits to a Fairer Electoral System, where the will of the voters is also guaranteed.

The Analysis and the Report are part of the publications in the Open Data Albania Database.

We remain open to questions and committed to deepen our evidence-based analysis.

Tenders in the healthcare sector, 40% of procedures carry risk of clientelism, marked with a red flag

The apprehension, on corruption charges, of a senior official from the Ministry of Health coincides with grim developments in this sector’s public contracting

AIS, through its Open Procurement Albania database – the Health category, has been monitoring all relevant procurement procedures for years, assessing and marking with a Red Flag (risk of irregularities and clientelism) several of them, which exhibited clear markers of abuse.

Link Database

Link Red Flag listing (risk for clientelism and irregularities)

Indeed, Health constitutes a sector, in which the Red Flag Tenders to the Total Tenders Ratio exceeds 40% of cases (in the case of municipalities, this indicator ranges from 15 to 25%).

However, the phenomenon of deterring officials only in flagrant cases of bribery, does very little to minimize corruption in the public procurement. The analysis, investigation or audit of risky procedures would lead to a better distribution of public money in this sector, which affects and has the potential, to further make the lives of patients in the health system, more vulnerable.

List of tenders of the Ministry of Health for which the Ministry has not yet announced the winner.

Debate and Policy Paper on “Financial Control of State-Owned Corporates” (Standards, Chapter 32 of EU Integration)

The organization AIS, promoter of Open Data Albania, organized on May 31st, a Debate and Presentation of a Policy Paper on the topic of Financial Control of State-Owned Corporates (SOC – State Owned Corporates).

Financial Control, as in chapter 32, part of Cluster 1, in the process of fulfilling the conditions and standards for Integration.

State Owned Enterprises or Companies are a risky sector in terms of management and control of finances and assets. The Integration Process targets efforts and models which in the SOC sector are far from meritocracy management, effective performance, sound financial management and multi-level auditing.

The Policy Paper, drafted by AIS, was presented by the expert Professor Dr. Lindita Milo (Lati). The document analyzes the situation in the country and presents findings and recommendations for progress. This document was formulated as part of the C1-EU-NPA project, supported by the Embassy of the Kingdom of the Netherlands in Tirana.

The complete document in Albanian and English.

51 Parties have benefited ALL 2.17 billion from Taxpayers in 10 years 2011-2022

AIS has just published an article on the Open Data Albania page showing the Public Money Value that Political Parties have received in 10 years. 2011 – 2022. The data provided in the article disclose public funding from taxpayers’ money distributed to (51) Beneficiary Parties1), by Year abd by type of funding, i.e. annual or electoral funding, etc. The reference used for each data is taken from the Spending Data Albania Treasury Transactions database. This article was created by the youth team working at AIS organization as part of an Open Data Network and was first presented at the Open Data Albania Event. Article Link: Treasury Transfers for Political Parties 2012-2022 – Open Data Albania (ndiqparate.al)
Some of the data:
  • In ten years, 2012-2021, Political Parties have benefited from public funding in the amount of 2.174 billion ALL.
  • ALL 1.784 billion are allocated to the regular annual activity of political parties, while ALL 390 million have been allocated to electoral campaigns (General Election 2013, Local Election 2015, General Election 2017, Local Election 2019, and General Election 2021).
  • Budget expenditures as support for Political Parties for their Election Campaigns have been in the amount of 65 million ALL until 2021, while this year these transfers have doubled to 130 million ALL.
  • Public financing for electoral campaigns for Political Parties accounted for about 20-27% of the total public financing for parties during the years 2013, 2015, 2017 and 2019, while in 2021 it accounted for almost half or 47%.
  • On average, in an electoral year, 265 million ALL were transferred from the State Budget as support for political parties, while in non-electoral years, 170 million ALL or 36% less were allocated to the parties.
  • Treasury data show that over the years the Socialist Party is the one that has benefited from the highest value of transfers from the State Budget. The years 2012 and 2014, on the other hand, are the years when it was the Democratic Party the one that has benefited the most from public funds.
  • In total, there are 50 political parties that have managed to absorb funding from the State Budget in the years 2012-2021. In 2022, even Nisma Thurje Party managed to get funds from the state budget, bringing the number of political parties benefiting from transfers from the state treasury to 51 parties.
Open Data Albania, the database owned by AIS, has disclosed year after year data on the funding and costs of election campaigns and political parties. You can read a group of articles in the Electoral Expenses section or in the Electoral Processes section. Being committed to contributing to transparency and improvement of electoral situations, AIS has developed methodologies and projects for Election Citizen Monitoring. The organization is already working on raising funds for such methodologies and projects to be implemented in the upcoming 2025 parliamentary elections.

Debate and Policy Paper on “Financial Control of State-Owned Corporates” (Standards, Chapter 32 of EU Integration)

The organization AIS, promoter of Open Data Albania, organized on May 31st, a Debate and Presentation of a Policy Paper on the topic of Financial Control of State-Owned Corporates (SOC – State Owned Corporates).

Financial Control, as in chapter 32, part of Cluster 1, in the process of fulfilling the conditions and standards for Integration.

State Owned Enterprises or Companies are a risky sector in terms of management and control of finances and assets. The Integration Process targets efforts and models which in the SOC sector are far from meritocracy management, effective performance, sound financial management and multi-level auditing.

The Policy Paper, drafted by AIS, was presented by the expert Professor Dr. Lindita Milo (Lati). The document analyzes the situation in the country and presents findings and recommendations for progress. This document was formulated as part of the C1-EU-NPA project, supported by the Embassy of the Kingdom of the Netherlands in Tirana.

The complete document in Albanian and English.

Three expert panelists ellaborated and emphasized aspects of the sector, problems and the need for better standards and policies in management and auditing. Specifically:

Prof. Assoc. Dr. Ira GJIKA presented the Findings and Recommendations on Enterprise Management and Auditing

CFA. Irena BEQIRAJ The former Deputy Minister of Finances, presented some typical cases of poor SOC management, issues coming from party influences and the lack of meritocracy at the management level.

Prof. Assoc. Dr. Mateo SPAHO presented the EU models and standards of Financial Control over State Owned Companies, highlighting a far-from-positive situation in the Albanian context and the need for reform, independence and management through administrators with the proper skills and integrity.

At this event, the DataSet with dynamic passports for State Owned Corporates was also presented, a dataset incorporated in the Open Corporates Albania web database. The Director of AIS/Open Data Albania, Ms. Aranita BRAHAJ, explained the importance of information and transparency on the management, performance, legal issues and use of assets of important public companies. With a view to making these companies as transparent as possible, AIS has applied the Open Corporates Albania Open Business Register model. In this database, the information comes for each Company in a well-structured version applying OpenData and LinkData standards. The database for State Owned Companies is the result of the implementation of the project entitled Open Data Access and Transparency over sector exposed to Risk of Corruption, a project supported by Sida, the Sweden International Development Cooperation Agency (March 2021 – February 2024). The purpose of the project itself is to Promote Transparency and Inform the Public through Open Data.

The event was attended by representatives from Institutions Engaged in Financial Control and Auditing of the State Owned Companies Sector, such as

  • Ministry of Finances
  • High State Audit
  • Representatives from the Embassies of European countries
  • Representative of EU Delegation in Tirana
  • Academic representatives from Universities
  • ThinkTank Organizations
  • Media representatives
  • Members of the OpenData Fellowship Youth Network

List of participants.

Findings, Opinions or Recommendations Expressed in this document and in the organized event represent the views of the experts and the AIS organization, and do not necessarily correspond with those of the project partners or supporters.