Conference Title: International Conference in Business,Technology and Innovation 2013
Conference Title: UBT Publications
Contributing Editos: Prof. Albert Qarri, Prof. Ibrahim Krasniqi, Krenare Pireva, Evelina Bazini, Nita Abrashi
Co-Organizers: Ardian Emini, Vlora Aliu, Betim Gashi, Xhemajl Mehmeti, Kushtrim Dragusha, Murat Retkoceri, Kaltrina Bunjaku, Leonita Braha
Start Date: 2013-11-01
End Date: 2013-11-02
Venue, City, Country: : Hotel Bleart , Durres , Albania

Paper Title

Impact of Using Frame Work Agreement in Public Procurement


Vlora Ferizi, Edmond Hajrizi


European directives on public procurement have been subject to criticism, by the Contracting Authority and also by the Economic Operators, as they are considered not as flexible and tailored as required by the needs of modern purchasing practices. Public Procurement Law "PPL" in Kosovo, which is in accordance with the public procurement directives of the EU, has also been subject to the same criticism. In order to provide flexibility to the Member States, in 2004, Directive 2004/18/EC on the coordination of procurement procedures for the public sector, it has introduced the direction of framework agreements. This provision made possible for the Member States to develop their national rules in order to make the purchase simpler, more flexible and more manageable. The same provision is transposed in PPL of the Republic of Kosova since 2007 but, despite the criticism of the European Commission over the fact that if framework agreements are used, the budgetary resources can be used more efficiently, its implementation began only in 2011. This paper analyzes the main changes brought under the provisions of framework agreements of Directive 2004/18/EC. It also presents the general procurement rules that bring to the background of procurement reform and historical context of framework agreements. This paper analyzes the framework agreements in all dimensions; first it deals with the definition of framework agreements, then deals with all types of framework agreements, requirements for the use of framework agreements and conclusion of contracts under framework agreements. The framework agreement can be compared in different contexts, such as the provision of framework agreements in PPL in Kosovo, public contracts, with the phase of pre-qualification and mechanism of framework agreements in USA. This paper analyzes the use of framework agreements in the EU member states, in some regional countries and the Republic of Kosova. Finally, it presents the advantages and disadvantages of the use of framework agreements.