Competences
Competences in the public procurement field are conducted by the Public Procurement Directorate, Ministry of Finance as a line ministry for the procurement area and the State Commission for Control of Public Procurement Procedures in the rights protection area. The Ministry of Finance supervises the legality and effectiveness of administration body operation. Judicial control over legality of the public procurement procedures is ensured by the administrative dispute, before the Administrative Court of Montenegro. Public Procurement Directorate was established by the Decree on changes and amendments to the Decree on organization and manner of work of the state administration (Official Gazzette of MNE, no. 72/06). The scope of work of the Directorate has been defined by the Article 42 – a of the Decree. The Director was appointed on 31 May 2007, so the Directorate actually started its operation on 01 June 2007, and until then its tasks had been performed by the Administration for common affairs of the administration bodies. The Rulebook on internal organization and job descriptions envisages that the Directorate shall have 18 civil servants and state employees, classified within the Sector for monitoring application of the legislation and for inspection control, Department for monitoring of the public procurement procedures and administration of the electronic public procurement, Department for professional development, training and international cooperation and the Service for administrative and technical affairs and finances. Public Procurement Administration, in accordance with the Article 19 of the Public Procurement Law (Official Gazzette of MNE, no. 42/11) and its scope of work established by the Article 42 – a of the Decree on organization and manner of work of the state administration, shall be entitled to perform the following tasks: 1) to monitor implementation of the public procurement system; 2) to monitor the compliance of the legislation regulating the public procurement system with EU legislation, to prepare technical basis, to initiate and participate in preparation of the public procurement regulations; 3) to give approval to contracting authorities on fulfilment of conditions for conducting certain public procurement procedure in the cases envisaged by this Law; 4) to provide advisory assistance upon contracting authority’s request; 5) to organize and conduct professional development and advanced training of the human resources in charge of performing public procurement tasks; 6) to organize professional exam for performing tasks in the area of public procurement; 7) to establish and maintain the Public Procurement Portal for the purpose of ensuring transparency of public procurement; 8) to publish public procurement plans, contract notices, decisions on candidates’ qualifications, decisions on selection of the most favorable bid, decisions on suspension of public procurement procedure, decisions on annulment of public procurement procedure, public procurement contracts, changes or amendments of public procurement plans, contract notices, decisions and contracts, as well as of other acts in accordance with this Law; 9) to prepare and publish a List of contracting authorities on the Public Procurement Portal; 10) to encourage the conducting of public procurement in electronic form; 11) to pursue cooperation with international organizations, institutions and specialists in the field of public procurement; 12) to prepare and submit to the Government annual reports on the public procurement, carried out in the previous year; 13) to prepare and publish a list of bidders on the basis of decisions on selection of the most favourable bid; 14) to prepare and publish a common public procurement vocabulary on the Public Procurement Portal; 15) to perform inspection control; 16) to issue publications and other technical literature; 17) to perform other tasks, in accordance with the Law.