The Albanian Institute of Science, widely recognized as the driving force behind\u00a0Open\u00a0Data\u00a0Albania (AIS\/Open\u00a0Data), has undertaken a thorough review of the Draft\u00a0Law\u00a0proposing\u00a0amendments\u00a0to the existing\u00a0Law\u00a0on\u00a0Public\u00a0Procurement. Specifically, we have closely examined the Notice for\u00a0Public\u00a0Consultation\u00a0regarding this draft\u00a0law, which addresses various additions and changes to\u00a0Law\u00a0No. 162, dated December 23, 2020, concerning\u00a0Public\u00a0Procurement.
\nThe Albanian Government introduced these Draft\u00a0Amendments\u00a0on June 20th, and they are currently available on its website for\u00a0Public\u00a0Consultation, welcoming input from relevant stakeholders.<\/p>\n
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Given our organization’s dedication to matters pertaining to the\u00a0Public\u00a0Procurement\u00a0and Contracting sector,\u00a0AIS\/Open\u00a0Data\u00a0has previously participated in\u00a0public\u00a0consultations involving State Institutions engaged in this domain.<\/p>\n
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Concerning the June 2023 Draft, which has not yet been submitted to the Assembly,\u00a0AIS\u00a0has communicated its\u00a0Comments\u00a0and\u00a0Recommendations\u00a0(attached) in a letter to the Albanian Government Coordinator for Information. We are particularly concerned about three new developments that the proposed\u00a0law\u00a0seeks to integrate into the legal framework of the\u00a0Public\u00a0Procurement\u00a0sector. These aspects and concepts have not been clearly and exhaustively addressed, thereby conflicting with the overall Legislation or the existing regulations regarding\u00a0Public\u00a0Procurements. The areas of concern include:<\/p>\n
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Additionally, we have evaluated the following aspects:<\/p>\n
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The proposed Draft\u00a0Law\u00a0seems 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.<\/p>\n
Certain provisions within the draft could potentially limit broad access to monitoring and participation in\u00a0Public\u00a0Procurements, thus posing a risk for regression.<\/p>\n
The draft itself presents partial and non-exhaustive provisions for some concepts.<\/p>\n
The explanatory report does not provide sufficient information about the underlying models and does not cite an evaluation document analysing the need for intervention.<\/p>\n
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AIS\u00a0\/\u00a0Open\u00a0Data\u00a0Albania requests the Council of Ministers to withdraw the draft from the ongoing\u00a0Consultation\u00a0and Advancement process, returning it for further review within the Institutional Working Groups.<\/p>\n
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