Procurement Risk:
High
Score:
37/100
Government Policy
Q57
38/100
Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
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This indicator is not assigned a score in the GDI. The Law No. 05/L-068 on Amending and Supplementing the Law No. 04/L-042 on Public…
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The current legislation in Kosovo does not make direct references to the corruption risks within procurement process in Kosovo. However, the Law No. 05/L-068…
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The respective legislation is implemented for defence procurements; however some breaches by both parties (contracting authorities and economic operators) during procurement procedures have been…
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Q58
33/100
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
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Each procurement process in Kosovo, which applies to the Defence sector, is conducted through the following eight steps as stipulated by the Public Procurement…
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With respect to the publication of notices of procurement activities, a contracting authority immediately submits to the Public Procurement Regulatory Commission (PPRC) all language…
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The European Commission has highlighted irregularities and corruption during the procurement cycle in Kosovo [1]. In its 2019 report on Kosovo, the Commission demonstrated…
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Q59
50/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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There are no specific oversight mechanisms that are specifically focused on defence procurements; however, there are mechanisms that oversee all public procurement activities in…
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Based on the Law No. 04/L-042 on Public Procurement in Republic of Kosovo, the Public Procurement Regulatory Commission (PPRC) has the authority and responsibility…
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The Public Procurement Regulatory Commission (PPRC) publishes full annual reports on its webpage [1] and on the electronic procurement platform maintained by this Commission…
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The Ministry of Defence has in place a Comprehensive Transition Plan for the Kosovo Security Forces, approved by the Minister of Defence of Kosovo…
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The Comprehensive Transition Plan for the Kosovo Security Forces is only published in summary form [1]. The detailed purchase plans of the Ministry of…
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Defence purchases of the Ministry of Defence are made public in the Ministry’s annual report. However, the implementation of capital projects and the cost…
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As mentioned in 61A, defence purchases of the Ministry of Defence are only made public in the Ministry’s annual report. The annual reports of…
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Capability Gap and Requirements Definition
Q62
38/100
What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
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There are no specific procedures or standards in the current legislation for economic operators to bid for procurement activities for the Ministry of Defence…
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It is challenging to assess the implementation of these measures determined by the legislation on public procurement in Kosovo, because monitoring reports of the…
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Q63
33/100
Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?
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Kosovo has not yet established a comprehensive National Defence Strategy. The Kosovo Security Council (KSC) [1] and the Kosovo Government approved its draft in…
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The oversight mechanisms that scrutinizes the defence procurements in Kosovo are the Assembly’s Committee on Internal Affairs, Security and Oversight of the Kosovo Security…
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Defence purchases are based on the Ministry of Defence’s Comprehensive Transition Plan in place for their Kosovo Security Forces, which was approved in January…
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Tender Solicitation, Assessment and Contract Award
Q64
50/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
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As regards the open or restricted competition of defence procurements, no information is available specifically for the procurement procedures used by the MoD. However,…
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The Procurement Review Body (PRB) is granted legal powers by the Law on Public Procurement: namely, the Body can question procurement contracts and review…
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Q65
75/100
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
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The Procurement Code of Ethics in Kosovo was approved by the Public Procurement Regulatory Commission (PPRC) in March 2017 [1]. The Code of Ethics…
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There is not enough evidence to score this indicator. The National Audit Office’s (NAO) 2018 Audit Report on the Ministry of Defence evidenced issues…
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The Procurement Code of Ethics that determines the conduct of procurement officials and members of the tender evaluation committees is fully available on the…
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The National Audit Office’s (NAO) 2018 Audit Report on the Ministry of Defence evidenced issues and challenges in the defence procurement processes in Kosovo…
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Q66
44/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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No legislation in Kosovo specifically refers to the defence sector when defining collusion between bidders or between an official and a bidder. The existing…
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The Law on Public Procurement does not explicitly stipulate that procurement officials have legal rights to exclude companies or senior company officials in the…
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Prosecutors in Kosovo investigate cases relating to violations of public procurement rules in the country. However, there are a number of challenges in this…
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According to the electronic procurement platform prepared by the Public Procurement Regulatory Commission, no specific training is provided to procurement officers to help identify…
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Contract Delivery and In-Service Support
Q67
38/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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Once a contract is signed by both the contracting authority and the economic operator, the relevant procurement officer informs the Chief Administrative Officer who…
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Procurement contracts have been published since 2017 following pressure by Civil Society Organisations. However, only some Kosovo municipalities regularly publish their contracts [1]. Other…
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The Department on Monitoring and Supervision within the Public Procurement Regulatory Commission (PPRC) is entitled to monitor activities of the contracting authorities in Kosovo…
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According to the National Audit Office (NAO), a number of breaches of procurement activities have not been addressed by the contracting authorities [1]. In…
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Q68
83/100
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
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Internal and external formal mechanisms are in place for economic operators in Kosovo to complain about procurement activities. The first phase of the complaint…
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The most common complaint mechanism used by interested parties within the framework of the procurement activities is the Procurement Review Body (PRB). In 2018,…
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The trend of complaints submitted to the Procurement Review Body (PRB) by economic operators in Kosovo has progressively increased over the last few years…
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The Law on Public Procurement does not explicitly stipulate that procurement officials have legal rights to exclude companies or senior company officials in the…
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Prosecutors in Kosovo investigate cases relating to violations of public procurement rules in the country. However, there are a number of challenges in this…
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The Procurement Review Body (PRB) has decided to blacklist economic operators [1] disqualify them from participating in procurement activities for a period of up…
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Offset Contracts
Q70
0/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
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Offset contracts are not regulated in Kosovo’s current legal framework. It is important to emphasise that there is no evidence that offset contracts occur…
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Offset contracts are not regulated in Kosovo’s current legal framework. It is important to emphasise that there is no evidence that offset contracts occur…
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Offset contracts are not regulated in Kosovo’s current legal framework. It is important to emphasise that there is no evidence that offset contracts occur…
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Offset contracts are not regulated in Kosovo’s current legal framework. It is important to emphasise that there is no evidence that offset contracts occur…
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Offset contracts are not regulated in Kosovo’s current legal framework. It is important to emphasise that there is no evidence that offset contracts occur…
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Offset contracts are not regulated in Kosovo’s current legal framework. It is important to emphasise that there is no evidence that offset contracts occur…
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Offset contracts are not regulated in Kosovo’s current legal framework. It is important to emphasise that there is no evidence that offset contracts occur…
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Agents / Brokers
Q73
50/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
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The current legislation and policies on public procurement does not specifically reference agents or intermediaries. The Law on Public Procurement stipulates that the tenderer…
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There is not enough information to score this indicator. No information is available with regard to sanctions when there are cases of violations of…
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Financing Package
Q74
25/100
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
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Even though Kosovo does not possess a military industry yet, procurement activities for arms deals (like other procurements) do exist. The Public Procurement Regulatory…
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Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
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This indicator is not assigned a score in the GDI. Based on the statements of the senior representatives of the Ministry of Defence, Kosovo…
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This indicator is not assigned a score in the GDI. Given that Kosovo does not possess a military industry yet, it is still too…
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This indicator is not assigned a score in the GDI. No evidence exists that acquisitions are made as a result of domestic political pressure…
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