Rules of Procedure for the Public Procurement Regulatory Commission

Rules of Procedurefor the

Public Procurement Regulatory Commission

Xx/xx, 2016

TABLE OF CONTENTS

Article 1 Functions

Article 2 Structure of the PPRC

Article 3 Functions of the President and of the Board members of the PPRC

Article 4 The PPRC Board of Directors

Article 5 Voting of the PPRC

Article 6 Departments, Divisions and Administration

Article 7 The Department of Rules

Article 8 Department of Monitoring

Article 9 E-Procurement Department

Article 10 Internal Services Division

Article 11 Personnel Manager

Article 12 Operational and Procedural Rules of the PPRC

Article 13 Accounting Policies

Article 14 Inventories, Property and Assets

Article 15 Reserve management

Article 16 Bank arrangement

Article 17 Procurement activities

Article 18 Travelling, Subsistence and Members Allowances

Article 19 Maintenance of registers/records

Rules of Procedure for the Public Procurement Regulatory Commission

Public Procurement Regulatory Commission’s (PPRC)

Rules of Procedure

Pursuant to the section 142 (Chapter XII) of the Constitution of the Republic of Kosovo, and section VI of the Law on Public Procurement in Kosovo,(No.04/L-042amended and supplemented with the law No. 04/L-237, law No. 05/L-068 and law No.05/L-092) the Board of the Public Procurement Regulatory Commission in Kosovo (PPRC), in the meeting held on xx.xx.2016has approved thiswork regulation of Public Procurement Regulatory Commission of Kosovo.

References to the “Law” are references to Public Procurement Law, No. 04/L-042,amended and supplemented with the law No. 04/L-237, law No. 05/L-068 and law No.05/L-092.

PART I

GENERAL ISSUES

  1. TheobjectofthisregulationistoestablishdetailedrulesontheprocedureforPublic Procurement Regulatory Commision(hereinafter:PPRC);main fuction of the PPRC, themethodofworkofthePPRC anddecision-makingincaseswhicharesubjecttotreatmentandcompetenceofthePPRC,andotherissuesimportantfortheoperationandperformanceofPPRC.
  2. The regulation also provides a structural and coherent presentation of the overall organization, roles, responsibilities and authorities, as well as specific instructions for the implementation of certain functions of the PPRC. In this sense, they serve as an internal guide for all employees of the PPRC, enhancing the understanding of each employee about his or her responsibilities towards the organisation and the general public. Finally, they could serve as a reference guide to support the internal control processes of the organisation.

PART II

Public Procurement Regulatory Commission

  1. Public Procurement Regulatory Commission (hereinafter – PPRC) is an independent regulatory agency.
  2. No public official may exert or attempt to exert any influence over the PPRC with respect to any specific operational or regulatory decision or action of the PPRC.
  3. The PPRC is a public authority and a budget organization. The PPRC is therefore subject to all applicable provisions of all other laws and regulations of the Republic of Kosovo to the same extent as any other public authority or budget organization.
  4. All employees of the PPRC shall be civil servants, excluding the Board members who may be also non civil servants.

PART III

FUNCTIONS AND STRUCTURE OF OPERATION OF THE PPRC

Article 1Functions

1.1The PPRC is responsible for carrying out the functions assigned to it by the Law on Public Procurement in the Republic of Kosovo (Law No.04/L-042,amended and supplemented with the law No. 04/L-237, law No. 05/L-068 and law No.05/L-092)with respect to the overall development, operation and supervision of the public procurement rules and the public procurement system in Kosovo.

Article 2Structure of the PPRC

2.1The PPRC has the following structure:

2.2The President of the PPRC.

2.3The PPRC Board, which shall have 3 members, one of which is the President of the Board.

2.4Three Departments, as follows:

Rules Department

RulesDivision, and

Training and EU Integration Division

Monitoring Department consisting of:

Monitoring Division, and

Analysis Division

E-Procurement Department consisting of:

Help Desk Division, and

Platform Administration Division

PPRC has also:

an Internal Services Division, and

a Personnel Manager.

2.5PPRC organization structure is presented in Annex I attached to this regulation.

Article 3Functions of the President and of the Board members of the PPRC

Functions of the President of the PPRC

3.1The President shall represent, manage and organize the operation of the PPRC and have the overall responsibility for its day-to-day performance.

3.2The responsibility to carry out functions and activities of the PPRC, which are not designated or included in any of the Departments lies with the President.

3.3The President shall have the authority to designate any member of the staff to organize and manage the work of the PPRC in a particular subject area, especially if certain functions or activities are not included in the functions and activities of the Departments of PPRC.The President has to inform the Board members for any such designation. A copy of the document regarding the delegation of the responsibility will be handed to the Personnel Manager, who is responsible for the maintenance and update of the relevant file. The President may change the delegated responsibilities as he/she finds them suitable.

3.4The President shall convene meetings of the PPRC Board when and as he considers necessary or when requested by two other members of the PPRC Board.

3.5The President shall chair the PPRC Board meetings. In exceptional cases where it is necessary for the PPRC Board to meet in the absence of the President, the President shall authorize one of the other members of the PPRC Board to chair the meeting.

3.6The President:

3.6.1Approves the List of job positions;

3.6.2Approves job descriptions;

3.6.3Assigns tasks to the PPRC employees;

3.6.4Dismisses employees;

3.6.5Is responsible for the management of the PPRC financial resources;

3.6.6Designate one member of PPRC to represent, manage and organize the work of the PPRC in his absence, i.e. designates an acting President. This person may change from one occasion to another;

3.6.7Issues instructions ensuring document handling within the PPRC;

3.6.8Concludes and signs agreements and contracts necessary to carry out the functions of the PPRC;

3.6.9Signs any document on behalf of the PPRC and all decisions made by the Board. No official document should be issued by PPRC which is not signed by the President;

3.6.10Ensures that the Rules of Financial Procedures issued by the Ministry of Finance (MF) are implemented by all employees of the PPRC, according to their function;

3.6.11Monitors and controls the expenditure of the PPRC;

3.6.12Ensures that all employees who are responsible for the financial administration are properly advised;

3.6.13Ensures that there is a clear separation of duties between financial administration and the necessary control.

Functions of the Board Member responsible for the Monitoring and Rules’ Departments

3.7The Board Member takes over the responsibility of the Monitoring and Rules’ Departments in all areas of their operation, including, among others, organizational issues, work and work products.

3.8The Board Member:

3.8.1Proposes job descriptions for the Monitoring and Rules’ Departments, he supervises;

3.8.2Assigns tasks to the Monitoring and Rules’ Departments’ employees;

3.8.3Issues instructions ensuring document handling within the Monitoring and Rules’ Departments;

3.8.4Ensures that the decisions of the PPRC Board on the management of funds are implemented by all employees of the Monitoring and Rules’ Departments he supervises, according to their function;

3.8.5Monitors and controls the expenditure of the Monitoring and Rules’ Departments.

Functions of the Board Member responsible for the e-procurement Department

3.9The Board Member takes over the responsibility of the e-procurement Department in all areas of its operation, including, among others, organizational issues, work and work products.

3.10The Board Member:

3.10.1Proposesjob descriptions for the e-procurement Department he supervises;

3.10.2Assigns tasks to the e-procurement Department’s employees;

3.10.3Issues instructions ensuring document handling within the e-procurement Department;

3.10.4Ensures that the decisions of the PPRC Board on the management of funds are implemented by all employees of the e-procurement Department he supervises, according to their function;

3.10.5Monitors and controls the expenditure of the e-procurement Department;

Article 4The PPRC Board of Directors

4.1The PPRC Board of Directors is the highest collective decision making institution of the PPRC. The President of PPRC is always one of its members.

4.2Only the Board shall enjoy the following rights:

4.2.1To approve this Regulation and any amendments thereof;

4.2.2To approve and submit to the Government and the Assembly an annual report, no later than the end of March of the following calendar year, analyzing public procurement activities in Kosovo occurring in that calendar year and setting forth any recommendations for the improvement of the public procurement system and/or the present law;

4.2.3To approve the PPRC strategy and plans;

4.3All decisions of the Board should make in accordance with the following principles:

4.3.1In full respect of the Laws of Kosovo and this Regulation;

4.3.2With due consultation and after taking professional advice;

4.3.3With regard for the need to promote equality and fair treatment;

4.3.4In accordance with proper access to information and to the facts that this information is available;

4.3.5Explaining, in a written form, the reasons for taking the decisions, recording any personal interest declared and referring to every important detail of the consultation;

4.4The Board members are responsible to organize and manage the work of the respective Departments and implement any other functions or activities designated to them by the President.

4.5Any member of the Board may represent the PPRC in certain events or activities if he/she is designated to do so by the President.

4.6The members of the PPRC’s Board are appointed according to Article 89 of the Law and may be removed or suspended according to Article 93 of the Law.

Article 5Voting of the PPRC

5.1The PPRC shall make every effort to reach decisions at its meeting by consensus. In the event that the chairperson of the meeting determines that consensus cannot be reached, the matter shall be put to a vote. Decisions shall require the support of a majority of the members.

5.2The outcome of a vote may be published; however the voting of each member is strictly confidential.

Article 6Departments, Divisions and Administration

6.1Every Department is managed by a Director and every Division by a Head of Division. They consist of their employees.

6.2Directors, Heads of Divisions and employees perform their duties according to relevant job descriptions.

6.3Directors, Heads of Divisions and employees are civil servants.

Article 7The Department of Rules

7.1The Department of Rules consists of two (2) Divisions:

Rules Division

Training and EU Integration Division

7.2Rules Division

The Rules Division:

7.2.1Establishes and publishes detailed public procurement rules to ensure the proper implementation of the Public Procurement Law by the contracting authorities, including rules governing the use and conduct of each of the procedures provided for in Articles 33-37 of the Law, provided, however, that such rules shall be consistent with the requirements and principles established by the Law and any applicable mandatory requirements of the EU relating to procurement.

7.2.2Prepares and disseminates procurement manuals, guidelines, standard tender and contract documents, standard forms and models pursuant to the Law for the benefit of contracting authorities and economic operators.

7.2.3Issues opinions to contracting authorities regarding their decisions, actions or omissions during procurement and contract management activities.

7.2.4Provides technical assistance and advice to both contracting authorities and economic operators on the application and interpretation of the provisions of the Law and any documents issued by the PPRC, and to that extent establishes and operates a Help Desk, operating during all working hours of the Department.

7.2.5Provides and publishes written administrative interpretive rulings to both contracting authorities and economic operators on the application and interpretation of the provisions of the present law and any documents issued by the PPRC. Before issuing such interpretations the Rules Department should collect and study the necessary relevant documentation and conduct consultations with all interested parties. Interpretive rulings should address different questions on the same subject in an integrated manner.

7.2.6StudiesMonitoring Reports and other recommendations and collaborates closely with the Monitoring Division of the Monitoring Department, for the improvement of the public procurement system rules and/or the Law.

7.2.7In cooperation of the Monitoring Department establishes a manual and electronic systems for monitoring the compliance of the contracting authorities with the Law, including the preparation of reporting forms to be completed by all contracting authorities subject to the Law.

7.2.8Issues, following close collaboration with the e-procurement Department, rules regarding e-procurement, and more specifically the electronic transmission of tender documents and request for participation and the receipt of proposals. These rules must adopt an advanced electronic signature, in conformity with international standards.

7.2.9Develops detailed rules regarding Contracting Authorities’ disposal of assets.

7.2.10Finds or on request from any contracting authority determines whether the eligibility requirements specified in Article 23 of the Law for a procurement professional certificate are met. In case the requirements mentioned are not met, the PPRCwill revokethe certificate in accordance with the procedures mentioned in paragraph 8 of the article 25 of the Law. If the holder of the certificate is not a civil servant, the person shall first be entitled to receive ninety (90) days’ advance written notice of PPRC’s intent to revoke his/her certificate. This notice shall give the affected person the right to challenge such decision in accordance with the Law on Administrative Procedures.If the person is dissatisfied with the result, the person may submit a compliant on the revocation to the Basic Court – Administrative Matters Department. The person in question may commence the basic training following a one year period.

7.2.11Assists the work of the PPRC in formulating implementing measures by canvassing, as widely as possible, the opinions of those involved in procurement activities in Kosovo. To this end, he shall regularly solicit the written comments and views of the President of the PPRC, the Director of the Treasury, the procurement officers of contracting authorities (including public service operators), and organizations representing economic operators.

7.2.12Elaborates and submits the report on the annual work of the Division, which will be included as part of the report on the overall work of PPRC.

7.3Training and EU Integration Division:

The Training and EU Integration Division:

7.3.1Develops training modules and curriculum for procurement qualifications.

7.3.2Identifies experienced trainers in public procurement, suitable to teach the procurement courses designed by PPRC.

7.3.3In cooperation with KIPA, arranges the development and delivery, of procurement training courses having duration of at least fifteen (15) days for basic training and ten (10) days for advanced training.

7.3.4Ensures that such courses are developed and delivered by trainers or training organizations having substantial expertise in best international procurement practices and the procurement system of the EU.

7.3.5In cooperation with KIPA, is responsible for organizing examinations.

7.3.6In cooperation with KIPA, issues a "basic procurement professional certificate" only to persons who have satisfactorily completed all of the basic courses and who are recommended by the trainer.

7.3.7In cooperation with KIPA, sissues an "advanced procurement professional certificate" only to persons who have satisfactorily completed all of the advanced courses.

7.3.8Supports KIPA and other public training and educational authorities to implement high level training events for procurement officers and other procurement professionals, aiming at the implementation of sound procurement practices and the observance of the Law.

7.3.9Is responsible for the elaboration of training modules on Public Procurement and their update, according to the training needs and the changes on the Public Procurement Law and the relevant regulations.

7.3.10Executes periodical training needs analyses for the Kosovo public procurement officials, economic operators and for the PPRC staff, in order to define their training needs.

7.3.11Maintains and updates databases of Contracting Authorities (CA’s), certified procurement officers and certified trainers in public procurement. Specifically regarding Contracting Authorities, if the PPRC fails to include an entity in such a database, such failure shall not be determinative of the question as to whether or not such entity is a contracting authority for the purposes of the Law.

7.3.12Provides support for PPRC’s participation in the activities of the European integration process and coordinates all necessary activities required by PPRC.

7.3.13Monitors and reports on the implementation of the recommendations of the European Commission in connection with public procurement in Kosovo. and the harmonization of relevant legislation with the EU acquis.

7.3.14Provides information for drafting the Action Plan for European Partnership (EPAP) and its harmonization with the Medium Term Expenditure Framework and other strategic documents.

7.3.15Coordinates IPA assistance and other foreign assistance for PPRC activities and ensures that it is related to the priorities of PPRC and the public procurement system of Kosovo.

7.3.16Provides support for the high management of PPRC during the preparation and management of projects and coordinates the participation of PPRC divisions.

7.3.17Coordinates the work and reports on the implementation of projects from different donors.

7.3.18Maintains and creates relationship with internationally recognized governmental organizations and nongovernment in the field of public procurement.

7.3.19Liaises and cooperates with other organizations at home and abroad on matters associated with public procurement

7.3.20Reinforces awareness among contracting authorities and economic operators of public procurement legislation as well as its objectives, proceduresand methods.

7.3.21Elaborates and submits the report on the annual work of the Division, which will be included as part of the report on the overall work of PPRC.

Article 8Department of Monitoring

8.1The Department of the Monitoring consists of two (2) Divisions:

Monitoring Division

Analysis Division

8.2Monitoring Division

The Monitoring Division:

Planned procurement monitoring:

8.2.1Prepares a yearly basis a monitoring work plan for ex-post monitoring of procurement and contract management activities of selected contracting authorities and submits the said plan to the Board for endorsement.

8.2.2Monitorsalready accomplished procurement and contract management activities of contracting authorities on adequate implementation of the Law and the Secondary Legislation, from initiation of a procurement activity to full implementation of the contract, according to the annual work plan.

8.2.3Organizes, in cases of violations of the Law by the monitored contracting authority, a meeting with the participation of the politically responsible persons to discuss the case, exchange oral explanations and elaborate remedies to be taken.