The interpretation of the requirements
The interpretation of the requirements
interested parties. Electronic they will know there will hardly be any
procurement, for example, would single- demand. This makes the o er look
handedly solve much of this problem. appealing, however, it is damaging to the
taxpayer. Transparen- cy in what the
contracting authority will need exactly
Room for interpretation of the during the framework contract duration,
requirements is almost always left for and maybe also have some sort of post-
procuring o cials. For example, the law examination of the value received can
leaves room for the correction of help create a balanced playing fi for all
arithmetic errors in the contract dossier. bidders.
This gives the procurement of- fi of the
contracting authority the power to
selec- tively eliminate companies. The FOL Movement monitors the public
law should specify an acceptable margin procurement ac- tivities in Kosovo and fi
error within which the companies are that the trend of irregu- larities and legal
called upon to make corrections. In violations is continuing48. “In a three
other words, the loopholes that allows month period the public institutions have
the contracting authority o cials to made legal violations in 29 tenders.”
interpret the law in a way which serves National Democratic Insti-
their private interests, should be
eliminated. This has implication for the
transparency of the contracting
authorities in dealing with each tender
in a just and equal manner.