Forum

Xhensila

Question:After the Commission has calculated the limit fund for simplified purchases valued under 100,000 ALL, and the calculated fund value is 80,000 ALL excluding VAT, during the bid evaluation process, the Commission selects as the winning offer an operator who has offered a value of 80,000 ALL excluding VAT. What is the relationship between the calculated limit fund value and the offered value? Should the Commission select an offer that is exactly equal to 80,000 ALL, or can it also select an offer below this value? Thank you!

Answer: Hello Xhensila,
Thank you for your question.
In the case of simplified procurement procedures, when the limit fund determined by the Commission is 80,000 ALL excluding VAT, this amount represents the maximum allowable value that can be accepted as a valid offer.

The Commission may declare as the winner an offer that is:
Equal to the limit fund (i.e., 80,000 ALL), or
Lower than the limit fund (e.g., 75,000 ALL), if it meets the other legal and technical criteria.

What is not allowed is declaring as the winner an offer with a value above the limit fund, as this would exceed the approved ceiling for the contract and would conflict with the applicable legislation.

Therefore, in your example, an offer valued at 80,000 ALL is fully in line with the limit fund and may be declared the winner, provided it also meets the other tender requirements.

Thank you for your interest, and we remain at your disposal for any further clarification.

Mikaela

Question:I have a question regarding procurement procedures for purchases under 100,000 LEK. In calculating the contract value limit for the purchase of cleaning materials, I have referred to the prices published by OPB in the catalog, prices that correspond to the market average excluding VAT.
When selecting the winning economic operator, should the commission continue with the same criterion, meaning that from 3 economic offers the commission selects as the winner the operator with the average offer? Or the operator who submits the lowest offer?
Thank you!
Answer: Hello Mikaela,
First of all, we thank you for choosing the catalog prepared and approved by the Centralized Procurement Operator, which has been published not only on the Operator’s official website but also on the official website of the Public Procurement Agency, for calculating the value limit. It is worth noting that these catalogs offer consolidated prices, supported by market studies and analyses, increasing transparency, objectivity, and the unification of inter-institutional practices.
Secondly, Article 11 of the Decision of the Council of Ministers no. 285, dated 19.05.2021 “On the approval of public procurement rules,” as amended, stipulates that contracting authorities may use simplified procedures, such as purchases with a value under 100,000 ALL, for items including similar goods and services, the calculated value of which, within a calendar year, does not exceed the amount of 100,000 (one hundred thousand) ALL. For this type of procedure, contracting authorities may make purchases through a simplified process that includes a request for offers and selection based on the lowest valid price. The use of prices from the CPO catalog in this case serves only to determine the value limit and does not affect the criterion for selecting the winning offer.
In conclusion, the selection of the winning offer in purchases valued under 100,000 (one hundred thousand) ALL and in small-value procedures is made based on the lowest price.
Wishing you all the best in your work!

Marsi

Question:Is a filter applied so that an EO that has a M.K linked to a CA does not compete again for a second procurement object (similar to the first), since both its workforce and its economic side cannot cope with the successful implementation of two M.K simultaneously with different CAs?
Answer: Thank you for your question.
Law No. 162/2020 “On Public Procurement”, as amended, does not automatically prevent an economic operator (EO) that has an existing contract with a contracting authority (CA) from participating in another procurement procedure for a similar object. However, there is a functional and legal filter called “economic and technical capacity”, which applies precisely this principle that you raise if it is foreseen by the CA.

How is this checked in practice?
During the evaluation procedure, the contracting authority:
1. Sets clear qualification criteria, such as:
•Technical staff and workers available;
•Equipment and logistical means;
•Previous experience;
•Declaration of contracts in progress
2. Requires documentation to prove these capacities, including information on other contracts in progress that may affect the performance of the new contract.
3. If an EO fails to demonstrate that it has sufficient resources to cope with a second similar contract, it may be disqualified for lack of capacity. Legal reference:
• Article 77 of Law no. 162/2020 – Provides that the contracting authority determines the specific qualification criteria, including the ability to perform the contract.
• Article 25 of the Council of Ministers No. 285, dated 19.5.2021, as amended – Determines the types of capacities required and the method of their assessment. A direct prohibition applies to public works contracts regarding the criterion of the technical manager of the construction site according to the provisions of point 2.1 of Instruction No. 2, dated 15.05.2018 "On the implementation of construction works" Which determines that for estimated works with a value of over 30 million lek, the technical manager of the construction site is a resident, full-time at the facility and a graduate in construction engineering.

Conclusion: So, yes, functional filters are applied, not in the form of direct prohibition, but through the assessment of the economic, technical and organizational capacities of the EO. The contracting authority has the right not to allow the winning of a new contract, if the operator does not prove that it can fulfill it independently and effectively, without violating existing contracts.

Gentian

Question:Please, can you explain to me how the scoring is done by the contracting institution?
Answer: Dear Gentian, Thank you for your interest.
The point-based evaluation of bids is carried out by the contracting authority in accordance with Law no. 162/2020 "On Public Procurement", as amended, DCM 285/2021 as amended, as well as the documents of the announced tender. This evaluation is part of the procedure for selecting the "most economically advantageous tender based on cost", which is not based solely on the lowest price, but on a combination of price and other qualitative and economic elements.
How it works in simplified terms:
1. Evaluation criteria are set in the tender documents
The institution announcing the tender clearly specifies in its documents:
• which criteria will be used for evaluation;
• how many points each criterion has;
• and how the evaluation will be done (the methodology).
Examples of common criteria:
• Offered price
• Technical quality of the product or service
• Delivery or implementation time
• Experience in the relevant field
• Technical or functional solutions
• Commitment to quality or environmental standards (e.g., ISO, EMAS, etc.)
2. Each bid receives points for each criterion
The evaluation commission reviews the bids and scores the qualified offers according to the method previously defined in the tender documents.
• For the price criterion, the lowest offer receives the maximum points. Other offers are evaluated proportionally according to a defined formula.
Example: if the price carries 60 points and the lowest offer is 100 lekë, it gets 60 points. An offer of 120 lekë might get 50 points, according to the formula.
• For qualitative criteria (such as technical description, experience, etc.), evaluation is done on a scale from 0 to the maximum points, depending on the quality of the submitted information.
3. Total points for each bid are calculated
The points each operator earns for each criterion are added together to form the total score of the offer.
The winning bidder is the one with the highest total score, provided they meet all legal and technical requirements.
Legal basis for this process includes:
• Article 87 of Law no. 162/2020, as amended – Covers the method of evaluating and ranking offers based on published criteria and point-based evaluation.
• Article 88 of the same law – Defines what constitutes the most economically advantageous offer and that it can be based on price, cost, or quality.
• Article 45 of DCM no. 285, dated 19.05.2021, “On the approval of the public procurement regulation”, as amended – Specifies the method of calculating points and using the lowest cost when more than price is compared.
Conclusion:
Point-based evaluation is a transparent and legally regulated method for selecting the offer that provides the best quality–cost ratio, and not just the cheapest bid.
This method ensures that the contract goes to an operator who, in addition to offering a suitable price, also provides quality, efficiency, and sustainable value for the public institution and society.
If you need further clarifications or more detailed references from the applicable legislation, we are at your disposal.
Thank you!

Adrian

Question:How does OBP guarantee transparency and efficiency in the centralized purchasing processes it carries out?
Answer: Thank you for your interest and question. The Centralized Purchasing Operator guarantees transparency and efficiency in procurement processes through a series of mechanisms established at each stage of the procedure. Transparency is ensured through: • Real-time publication of each procedure on the official website of the Centralized Purchasing Operator and in the electronic procurement system; • Automatic notification of registered economic operators according to categories of interest; • Making standard documentation and unified catalogs available to all parties, for goods mainly free of charge; • Equal access to information for all market operators. Efficiency is achieved through: • Unified and standardized centralization of technical specifications, which reduces the time and costs of preparing documentation; • Combining the needs of contracting authorities in centralized contracts, ensuring economies of scale; • Continuous market monitoring to guarantee fair competition and optimal prices; • Use of the Alb-Zone system for technical drafting and professional referencing of requests. These mechanisms build a sustainable, transparent and reliable process for all participating actors.

Ilir

Question:How much have these services on your site helped economic operators and do you apply fees to economic operators as well as to authorities?
Answer: The services that OBP offers on the official website are designed precisely to facilitate access and transparency for economic operators. Among the most important is the automatic notification of each procurement procedure published by OBP, which is sent to operators who have registered as interested in certain procurement categories. This service is free of charge and helps in the immediate information of EOs without the need for advanced research. Also, each new procedure published by OBP is immediately published on the official website, without restrictions or access barriers for users. This method of communication ensures equality of information for all market participants. OBP does not apply any fee to either economic operators or contracting authorities for access to these services. Contracting authorities are also offered free access to unified and standardized catalogs, as well as to the Alb-Zone system, which supports the drafting and development of technical documentation and standard specifications for procurement procedures. In parallel, we are developing new services dedicated to economic operators, which will further improve interaction with the system and continuously increase transparency.

Martin

Question:Is it allowed to procure maintenance services for 7 different IT systems in a single procurement procedure?

Answer: Hello Martin, to see the complete list of procurement objects covered by the Centralized Purchasing Operator, we invite you to refer to our official website www.obp.al. This list is based on the Decision of the Council of Ministers no. 531, dated 7.9.2023, which has undergone changes and has been expanded with new objects, which are now reflected on our website. However, referring to point 12 of this VKM, the OBP is authorized to develop any type of procurement procedure for goods, services or works required by contracting authorities/entities, even if the objects are not expressly listed, as long as the institution requests assistance and does not have sufficient technical capacities to develop the procedure itself. For any specific case, contact us and we are ready to verify whether the object in question is covered by the OBP or can be treated with a dedicated procedure.

Ina

Question:Is it allowed to procure maintenance services for 7 different IT systems in a single procurement procedure?

Answer: Hello Ina, and thank you for your question! Yes, it is possible to procure the maintenance service for several IT systems in a single procedure, but this depends on some important criteria that must be respected to guarantee legality and competition: 1. The systems must have functional/logical links or be part of a common structure For example, if they are systems operating within the same institution, share a common infrastructure, or require continuous interaction and the merger is justifiable. 2. The technical specification must be clear for each system This avoids ambiguity and helps economic operators understand exactly what is expected of them for each component. 3. It must not exclude competition. If the merger of many systems would prevent the participation of small operators or operators specialized in only one system, then division into lots is recommended. OBP suggestion: • You can use a single procedure with separate lots for each system, giving EOs the possibility to apply for one or several lots. • Or apply a pool of economic operators, when full coverage of all systems is required. In any case, for clear decision-making and good documentation, we suggest preparing a preliminary analysis justifying the choice of procedure structure.

Albion

Question:Can we get advice from you on the use of social and environmental criteria after we have seen that you apply them accurately and clearly?

Answer:Hello Albion, thank you for your question!

Yes, we can definitely provide consultancy. OBP has been trained by national and international bodies on the use of social and environmental criteria in procurement, and we are currently in the process of developing a practical technical guide for wider use. Social and environmental criteria are part of our strategic commitment to sustainable and inclusive purchasing. We have already applied them in several procurement categories where you can easily access them in the system

Era

Question:Is it better to use framework agreements more for public procurement procedures that are ongoing? To save time, human resources and be more effective? And why not for more competitive prices?

Answer:Hello Era, and thank you for the very insightful question! Yes, in practice the use of framework agreements for recurring and predictable procurement is one of the most effective ways to save time, human resources and increase transparency. In the OBP Strategy 2025–2027, the expansion of the use of framework contracts is foreseen, especially in categories where: • the requirements are continuous • the market is known and analyzable, • institutions require more flexible and faster solutions. The benefits are clear: • simplified procedure for public authorities, • better prices due to volume and prior competition, • faster responses to operational needs. And your question “Why not for more competitive prices?” is very relevant. In fact, framework agreements do not exclude competition, on the contrary: • they can be linked to multiple operators and • mini-competitions can be held within them to obtain the best offer at the moment. We are working to make these agreements even more accessible to all CAs, through standardized catalogs and the new e-AlbZone platform.

Eri

Question:Do you think that creating a system for monicompetition would simplify the process? Have you taken steps towards it?

Answer:Hello Eri, thank you for the very pertinent question! Yes, part of the OBP Strategy 2025–2027 is precisely the development of mechanisms for monitoring competition in public procurement, as a way to increase transparency and efficiency. We are currently in the preparatory phase of the new digital platform “e-AlbZone”, which will serve not only for the administration of catalogs and online orders, but also as an instrument for monitoring the market. This platform will help us analyze: • how many operators participate in the procedures, • where there is real competition and where it is absent, • how prices for repetitive goods and services evolve. The goal is to make the process simpler, fairer and more measurable, both for us as a central body, and for the institutions that entrust us with procurement. e-AlbZone will be a monitoring and dynamic platform, giving concrete meaning to the vision of our strategy, "smart purchasing for better public service."

Prokuruesi

Question:Hello. If in a procurement procedure 55% of the limit fund consists of objects procured under the LPP and 45% under the legislation in the field of defense and security: under what legislation is the procedure carried out?

Answer: Greetings and thank you for your interest and question. In cases where a procurement procedure includes a combination of objects covered by both public procurement legislation (LPP) and that in the field of defense and security, the determination of the applicable legislation is not based on the percentage division of the limit fund, but on the nature and main subject matter of the contract. This principle is based on Article 5, point 2 of Law No. 162/2020 “On Public Procurement”, which stipulates that: “In the case of a public contract with a mixed subject matter, the contracting authority determines the rules to be applied, in accordance with the main subject matter of the contract.” In this sense, the percentage of the fund may serve as an auxiliary indicator for the analysis, but does not constitute the sole or decisive basis for choosing the applicable legal framework. The analysis must be based on the dominant function of the contract and on the purpose for which it is concluded. OBP remains available to support every institution for the fair and unified assessment of concrete cases, in order to respect the law and transparency standards in procurement.

Sibora

Question: Hello! When in a procedure we have a criterion, the completion of the table for the goods subject to procurement and we are asked for the country of origin of the goods, does the Contracting Authority ask us for the origin of the raw material with which the product is produced or the country where the goods subject to procurement are produced?

Answer: Thank you for your question. In cases where the documentation of a procurement procedure requires the declaration of the country of origin for the goods subject to procurement, the country where these goods are finally produced is meant, and not the country of origin of the raw material used for their production. The origin is determined according to the country where the goods undergo the last significant processing, resulting in the preparation of the final product. Therefore, when completing the relevant tables, please declare the country where the final product, which is the subject of the procurement, was produced.

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