The fate of SPAK prosecutors after the end of their mandate / Dumani, appeal to the Assembly
While reporting to the Laws Commission, the head of SP...

The Public Procurement Agency (APP) has the right to conduct administrative investigations for concession contracts that are finalized by signature, but in two years it seems that there have been none.
This is brought to attention by a report of the High State Control that has audited APP and its activity.
"For the period 2021-2022, it turned out that there was no investigation process for concession contracts. Referring to the information dated 18.7.2023, sent by the Concessions Handling Agency, for the year 2020 a concession contract was signed on 20.4.2020 with the object: 'Design, construction, operation, maintenance and transfer of Vlora International Airport', with Contracting Authority Ministry of Infrastructure and Energy.
Also, the Department of Verification of Concession Procedures/PPP, and Procedures in the Field of Defense and National Security in the Public Procurement Agency, does not have updated information from ATRAKO, whether the three concession procedures of 2022 have been finalized by signing a contract. it is stated in the audit report.
The same specifies that APP, after administering the concession contracts from ATRAKO, (the latter is responsible for maintaining the database for all concession and public-private partnership contracts, granted in the Republic of Albania), evaluates based on criteria specified in its internal regulation, for the selection of contracts that will be subject to administrative investigation.
Under these conditions, KLSH has recommended that the Public Procurement Agency take the following measures to have a continuous communication with the Concessions Handling Agency regarding the updating of information on concession contracts.
Another element that has been underlined in the conclusions of the auditors of KLSH is the fact that from the verification of the documentation administered by the entity on the verification plans for public procurement procedures, Concessions/PPP procedures and procedures in the field of defense and security for the years 2022 and 2023, it was concluded that: APP as a verification institution has not yet fulfilled the legal obligation to monitor procedures in the field of national defense and security, in order to provide security for the good management of public funds in these procurement procedures.
"Although the APP has undertaken on time and has continued to follow all the necessary actions in accordance with the requirements of the legislation in force for classified information, in order to complete the implementation process of the communication and information system, it has not yet completed all the documentation required by AKSHI, since the assistance of an IT specialist is needed, in the role of SIK administrator, as the person responsible for the security aspects related to the implementation, installation and operation of the system. For this reason APP, with letter no. 9550/1 prot, dated 14.12.2023, has been addressed to the National Agency of the Information Society to appoint one of the IT specialists attached to APP, in the role of SIK administrator, but has not received a response from ANA. Based on the statistical data for the period 2021-2023, there are a total of 35 signed contracts for procurement procedures in this field. The above omissions are in violation of Article 14 of Law no. 36/2020 'On Procurement in the field of defense and national security'", the report states.
KLSH has asked the Public Procurement Agency to continue the cooperation with the National Agency of the Information Society for the appointment of the IT specialist in APP, in the role of the administrator of the Classified Information System, as the person responsible for the security aspects related to implementation, installation and operation of this system.
"On the part of the APP, measures should be taken to complete the documentation required by ANA in order to fulfill the obligations arising from the classified information legislation, as well as measures should be taken to start the work to verify the implementation of the procurement procedures in the field of national defense and security, after the procurement contract signing phase", the report states. /Monitor
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