Procurement Risk:

High

Score:

37/100

Government Policy

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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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Legal framework Score: NS / 100
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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Corruption risks Score: 25 / 100
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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Effectiveness Score: 50 / 100
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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Formal procedures Score: 50 / 100
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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Transparency Score: 50 / 100
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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Implementation Score: 0 / 100
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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Independence Score: 50 / 100
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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Effectiveness Score: 50 / 100
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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Transparency Score: 50 / 100
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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Q60 25/100

Are potential defence purchases made public?

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Policies Score: 50 / 100
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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Notice of planned purchases Score: 0 / 100
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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Q61 25/100

Are actual defence purchases made public?

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Comprehensiveness Score: 50 / 100
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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Accessible data Score: 0 / 100
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

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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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Formal policies Score: 25 / 100
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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Consistent implementation Score: 50 / 100
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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Procurement requirements Score: 0 / 100
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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Scrutiny Score: 50 / 100
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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Purchases Score: 50 / 100
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

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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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Open competition Score: 75 / 100
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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Scrutiny of single/restricted competition procedures Score: 25 / 100
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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Conflicts of interest Score: 75 / 100
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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Audit Trail Score: NEI / 100
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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Transparency Score: 100 / 100
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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Scrutiny Score: 50 / 100
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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Legal framework Score: 25 / 100
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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Sanctions Score: 100 / 100
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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Enforcement Score: 50 / 100
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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Training Score: 0 / 100
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

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Q67 38/100

Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?

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Reporting policies & procedures Score: 100 / 100
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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Transparency Score: 25 / 100
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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Monitoring Score: 25 / 100
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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Enforcement Score: 0 / 100
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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Complaints mechanisms Score: 100 / 100
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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Effectiveness and Accessibility Score: 50 / 100
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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Retaliation Score: 100 / 100
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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Q69 67/100

What sanctions are used to punish the corrupt activities of a supplier?

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Sanctions Score: 100 / 100
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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Undue influence Score: 75 / 100
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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Application of sanctions Score: 25 / 100
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

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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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Legal framework Score: 0 / 100
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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Due diligence Score: 0 / 100
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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Q71 0/100

How does the government monitor offset contracts?

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Policies & procedures Score: 0 / 100
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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Transparency Score: 0 / 100
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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Monitoring Score: 0 / 100
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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Enforcement Score: 0 / 100
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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Q72 0/100

What level of competition are offset contracts subject to?

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Score: 0 / 100
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

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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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Policies Score: 50 / 100
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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Enforcement Score: NEI / 100
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

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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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Score: 25 / 100
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

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Q75 NS/100

How common is it for defence acquisition decisions to be based on political influence by selling nations?

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Prevalence: selling nations Score: NS / 100
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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Justification Score: NS / 100
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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Prevalence: domestic pressures Score: NS / 100
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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