Over 160 complaints are waiting for the function of the PRB

Prishtina, December 6, – Today, FOL Movement presented a brief analysis on the effect of non-functioning of the PRB in Public Procurement during the period August-November 2013.
Kenan Tora from FOL Movement explained that ” FOL Movement for three years regularly every three- months have published the report” Procurement Monitor “. In this report has been analyzed the implementation of Public Procurement Law by Contracting Authorities respectively Public Institutions of the Republic of Kosovo through analyzing the decisions taken by the Procurement Review Body, an institution which according to the Law on Public Procurement has the powers and responsibilities for reviewing complaints regarding public procurement procedures . But, since August 01, 2013, a substantial problem that has preoccupied and damaged the Public Procurement sector as a whole was the non-functioning of the PRB, it is because 4 out of 5 members of the PRB board were ended the mandate. FOL Movement through a reaction in the media on September 12, 2013 has attracted attention and expressed its concern about the situation. In this short analysis FOL Movement, analyzes the effects of the situation which is created when the PRB became non- functional, a situation which still is the same.”

According to official data that FOL Movement was provided for the purpose of drafting this analysis by the Secretariat of the PRB, two board members were ended the mandate on 01 August 2012, whereas the Chairman of the PRB and another board member were ended the mandate on 01 August 2013, and ever since the PRB functioned with only one member of the board, thus not being able to execute all the powers and accomplish all responsibilities provided by law. Except this, unfortunately, the only mandated member of the board of PRB, Mr. Osman Kryeziu, passed away on 21 November 2013 thus the PRB currently is in a situation with no mandated board members.

According to the Law on Public Procurement, the PRB board consists of five members, who are nominated by the Government and appointed by the Assembly for a term of 5 years. Assembly of Kosovo establishes a selecting body, independent, consisted of three judges appointed by Kosovo Judicial Council, the Parliament accepts the recommendations of this body for the new members of the PRB and then votes on.

Kosovo’s government has neglected the legal terms and has proposed the new names for the board members of the PRB in delays. These proposals were sent for appointment to the Assembly. But first there were summer vacations, then local elections campaign and differences between political parties about certain issues have postponed holding regular sessions of the Assembly and as a consequence the appointment of new board members of the PRB is still pending.
FOL Movement in order to expose the current situation in numbers, requested from the secretariat of the PRB to provide data concerning the number of the cases which have remained blocked as a result of non-function of the PRB, the monetary value of these cases and to which Contracting Authorities respectively institutions these cases belong to.

Based on official data that FOL Movement provided from the Secretariat of the PRB, since 01 August 2013 when the term of PRB board expired until November 19, 2013, there are 160 complaints that are not reviewed which were filed by different Economic Operators. The monetary value of the tenders which are supposed to be reviewed by the PRB, is about � 52,292,393.59, and these tenders are announced by 61 various Contracting Authorities. Consequently, these tenders as a result of non-function of the PRB remain blocked and cannot be processed.

In this period, when the PRB has been non-functional, the development of procurement procedures and signing of contracts by some institutions has continued, despite that economic operators cannot apply their legal right to appeal about certain issues. This situation may have consequences, like loss of the public money and harm fair competition between economic operators. In addition, the effects of this situation will be present even after the appointment of the new PRB board due to the large number of cases which are piled up, and among them, there are cases that are legally old to be reviewed.

Considering that all credible international and local organizations reports show a high level of corruption in Kosovo and due to the fact that most of the public money is spent through public procurement procedures, FOL Movement considers that current situation, when the PRB is non-functional can affect the growth of opportunities for corruption and misconduct in public procurement.

FOL Movement based on the current situation and the effects this situation can produce even after the appointment of the new board, likewise in the statement issued on 12 September 2013, requires that procedures for appointing the new PRB board members are done as soon as possible by the Assembly of Kosovo and the PRB becomes functional in order to perform as assigned by law.