Public Procurement Authority of Montenegro 8th Regional Public Procurement Forum -Electronic Procurement - a big step to

1. Public Procurement Authority of Montenegro8th Regional Public Procurement Forum-Electronic Procurement- a big step towards transparency et efficiency - RECENT ACHIEVEMENTS IN PUBLIC PROCUREMENT IN MONTENEGRO

2. THE EU INTEGRATION PROCESS OF MONTENEGRO The Stabilization and Association Agreement (SAA) with Montenegro entered into force on 1 May 2010. Entry into force of the SAA marks the beginning of a new integration stage, which now officially imposes an obligation for Montenegro to harmonize its legislation with the acquis, as well as to harmonize its attitudes and policies in each cooperation field. Montenegro is now a candidate for an EU membership.

3. PUBLIC PROCUREMENT LAW OF MONTENEGRO • The Parliament of Montenegro adopted the new Public Procurement Law on 29 July 2011. • It was published in the Official Gazette of Montenegro 42/11 of 15 August 2011. • The Public Procurement Law (OG MNE 42/11) has not only a preventive role against corruptive actions, but also a repressive role, obtained through its authorization to pronounce misdemeanour sanctions. • The new PPL allows for the bidders from the EU established in Montenegro or abroad to participate at tenders under the same conditions that apply for the Montengrin bidders – the principle of an open market freedom (Article 76 of the SAA).

4. PUBLIC PROCUREMENT LAW OF MONTENEGRO Directive 2004/17/EC for the Utilities sector is incorporated into the new PPL to the greatest extent The new PPL incorporates the Directive 2004/18/EC for the classical sector even more consistently Moreover, the new PPL incorporates the new Directive in the rights protection area - 2007/66/EC

5. PUBLIC PROCUREMENT LAW OF MONTENEGRO In accordance with the Article 76 of the SAA, the Public Procurement Law allows for the EC business organizations established in Montenegro or abroad to participate at tenders under the same conditions that apply for the Montengrin bidders, which is also compliant to the Article 35 of the CEFTA 2006 Agreement and Articles 34, 35 and 36 of the Agreement on amendments and accession to the Central-European agreement on free trade.

6. PUBLIC PROCUREMENT LAW OF MONTENEGRO One of the novelties introduced by the new PPL is also institutionalization of the professional development and education in the public procurement field, certification and taking professional examination in accordance with the specific legal regulation. Sustainability of the education – there are cooperation agreements signed with several private universities. Studying public procurement within regular or chosen subjects.

7. PUBLIC PROCUREMENT LAW OF MONTENEGRO The novelties introduced by the new Public Procurement Law of Montenegro refer to the following issues: Protection and preservation of the environment Social and ethical aspect in society and economy The stimulative measures aimeds at development of the new products and technologies are envisaged with the purpose of boosting small and medium enterpreneurship.

8. PUBLIC PROCUREMENT LAW OF MONTENEGRO The range of not only preventive-educative measures in the fight against the corruption has been broadened as well as of the preventive-punitive measures. Development of the inspection control institute in the public procurement procedures. Improved transparency – public procurement plan, contract notices, invitations to public tenders, decisions on selection of the most favourable bid, decisions on suspension of the public procurement procedure, contracts and contract annexes are published at the PP Portal.

9. PUBLIC PROCUREMENT LAW OF MONTENEGRO Monitoring of public procurement procedures is one of the significant components within the competences of the Public Procurement Administration. In accordance with the Article 63 of the PPL, the officers of the competent state auhority – Public Procurement Administration in the phase of preparation of a contract notice, that is, its publication on the PP Portal, provide technical instructions for ensuring the compliance of the contract notices with the conditions stipulated by the Law. Another important component for the monitoring of public procurement procedures is electronic publication of notices and electronic system for submission of reports by contracting authorities.

10. PUBLIC PROCUREMENT LAW OF MONTENEGRO The contracting authorities are obliged to submit a report on conducted public procurement procedures and signed public procurement contracts during the previous year no later than 28 February of the current year. The statistical data on conducted public procurement procedures and signed public contracts for the previous year of 2011, in accordance with the Law, shall be submitted to the Government for adoption no later than 31 May of the current year. Preliminary data for 2011

11. PUBLIC PROCUREMENT LAW OF MONTENEGRO Number of contracting entities Central government185 Regional and local authorities93 Other (bodies governed by public law) 497 Utilities199 Total number of contracting entities974 Procurement methods used (above the national thresholds) Open procedure3498 Restricted procedure9 Negotiated procedure with prior publication of a notice6 Negotiated procedure without prior publication of a notice121 Other procedures (competitive dialogue, etc)387

12. DEVELOPMENT PERSPECTIVES OF THE PUBLIC PROCUREMENT SYSTEM IN MONTENEGRO Strengthening of the regional cooperation The Public Procurement Administration is one of the beneficiaries of the Multi-Beneficiary IPA Project: ”Training in Public Procurement for Western Balkans and Turkey” The Public Procurement Strategy defining the further development of the system for the period 2011-2012 determined the manner of monitoring realization of measures for its implementation through the Coordinating Body and the Action Plan defining time limit, manner and implementation Efficient and consistent implementation of competences was defined by the Public Procurement Law

13. Terms and method of conducting public procurement in electronic form have been regulated by the Chapter IV (Articles 114 to 116) of the Law In the electronically conducted public procurement procedure, the contracting authority must provide the following: 1) communication, exchange and storage of information in such a manner a to ensure data integrity and bid confidentiality; 2) protection of data contained in the bid before expiration of the time limit for their opening; 3) that information related to specific requirement regarding the electronic submission of bids be made available to all bidders and candidates.

14. E-notice Portal www.ujn.gov.me

15. E-notice Portal

16. E-notice Portal

17. E-notice Portal

18. BUYER`S PROFILE

19. BUYER`S PROFILE

20. SEARCH TOOL

21. In accordance with the Article 3 of the“Rulebook on more detailed content and manner of conducting public procurement in electronic form“ (Official Gazette of Montenegro 61/2011), adopted by the Ministry for Information Society of Montenegro: NEXT STEPS

22. Thank you for your attention !