Institute Alternative (IA) held a series of closed meetings with representatives of the prosecution, where we discussed the issues and actions of the prosecution in cases related to corruption in public procurement.
Over the past months, we met with representatives of the Special State Prosecutor’s Office, and the basic state prosecutor’s offices in Podgorica and Herceg Novi, who have dealt with cases related to public procurement in their work.
In the closed meetings, we discussed the results achieved so far by the prosecution regarding criminal offenses related to public procurement, the current capacities for conducting investigations and training in this area, the process of conducting investigations, and cooperation with the police and other state bodies.
As a result, IA will prepare an overview of the results achieved so far by the prosecution in the fight against corruption in public procurement.
Meetings were organised as part of the project “Public Procurement Under Spotlight – Making Watchdogs Work!”, which we are implementing with the support of the Embassy of the Kingdom of the Netherlands in Serbia and Montenegro through the MATRA support program. The project aims to empower and motivate budget guardians to fight against corruption and inappropriate influences in public procurement.
On January 26th, Institute Alternative held a meeting with representatives of the Budget Inspection in order to establish cooperation and gain a better understanding of their everyday work.
During the meeting, we discussed our findings regarding the work of the Budget Inspection, the process of planning supervision, and the development of the annual work programme.
We also discussed initiatives we addressed to the Budget inspection, the staffing capacity of the inspection for conducting supervision, as well as legal mechanisms available to inspectors in the fight against corruption.
The meeting was held within the Project “Procurement under spotlight – Making Watchdogs Work!”, which Institute Alternative conducts with the support of the Embassy of the Kingdom of the Netherlands in Serbia and Montenegro within the MATRA Rule of Law program. Project aims to empower and motivate watchdogs to combat corruption and undue influence in public procurement.
The Government’s intention to hastily abolish the Administration for Inspection Affairs is not based on adequate analyses, on exposé for the composition of the current Government and the Strategy for Public Administration Reform, and it can not be carried out without negative consequences within the stipulated short deadlines.
The information, which was discussed on January 16th, at the telephone session of the Government, with accompanying conclusions, suffers from numerous methodological flaws. They are mostly reflected in the fact that the Government does not even have the exact number of laws that need to be amended in order to decentralise inspections, although amendments are required by February 15.
In fact, the Government has largely copied the conclusions of the 2021 Analysis of the Efficiency of the Administration for Inspection Affairs, largely prepared during the Government of Dusko Markovic, which also suffers from numerous methodological shortcomings. First of all, the Analysis concluded that the centralisation of the inspection bodies into a single body, that began in 2011, was not effective and that the decentralised model enables a more efficient realisation of the responsibility of the inspection, i.e. the head of the inspection body, and also a more transparent realisation of the political responsibility of the line minister for the situation in one area.
However, this Analysis, as well as the recent Information of the Government, did not deal at all with the work of inspections that already operate within the relevant ministries, such as the Urban Planning and Construction Inspectorate or Administrative Inspectorate. In other words, the Government assumed the superiority of the decentralised model, without analysing the efficiency of the inspections that are already functioning within the line ministries. We believe that the conclusions would be significantly different if the effects of the inspections within the ministries were analysed according to the same criteria, both in terms of transparency and political responsibility.
Additionally, such a major decision is made without prior announcement in the exposé of the current prime minister, and it is impossible to implement it with the full participation of the public and interested parties, including the inspectors themselves, within a period of less than a month. Also, the Strategy for the Reform of Public Administration, which is being implemented, foresees the strengthening of the role and capacity of the Administration for Inspection Affairs, through the improvement of the normative framework, personnel capacities and the binding of registers necessary for the proactive operation of inspection supervision, rather than its abolition.
All this speaks of the absence of a strategic and grounded approach to such an important decision. Unfortunately, experience taught us that opening such a major issue in a short period of time can negatively disrupt the performance of inspection supervision and create new excuses for the lack of transparency and results, through opening of new procedures for reorganisation, taking over employees, providing accommodation facilities and access to IT infrastructure.
The State Audit Institution (DRI) adopts the proposal of Institute Alternative and initiates an audit of simple procurements through direct agreement.
The State Audit Institution (DRI) has adopted one of our proposals and included the audit of the section “Simple procurements through direct agreement” in the DRI’s Annual Audit Plan for 2024. By proposing this topic, based on previous analyses, Institute Alternative pointed out the misuse of public procurements through the direct selection of specific suppliers.
They further explained that the audit subjects have been informed about the commencement of the audit, and these include: the Ministry of Capital Investments, the Ministry of the Interior, the Ministry of Health, the Ministry of Spatial Planning, Urbanism, and State Property, the Ministry of Foreign Affairs, the Secretariat of the Government of Montenegro, the Regional Diving Centre for Underwater Demining and Diver Training, the Railway Directorate, the State Archives, the National Tourism Organisation, and the municipalities of Berane, Mojkovac, Kotor, and Ulcinj.
Through a series of investigative texts, Institute Alternative has highlighted how this mechanism was misused by ministries, municipalities, and public companies:
We investigate this area within the Project “Procurement under spotlight – Making Watchdogs Work!”, with the support of the Embassy of the Kingdom of the Netherlands in Serbia and Montenegro within the MATRA Rule of Law program. Project aims to empower and motivate watchdogs to combat corruption and undue influence in public procurement.
Read conclusions and recommendations from the first meeting organised by IA between inspections and other organisations and institutions relevant to the fight against corruption:
Meeting is part of our efforts to strengthen the anti-corruption role of inspections, within the project Inspect to Protect: Turning Inspectorates Into Anti-Corruption Allies supported by the Embassy of the United States in Montenegro, the State Department’s Bureau for International Narcotics and Law Enforcement Affairs (INL). The content of the onclusions and recommendations is the sole responsibility of the Institut alternativa and does not necessarily reflect the views of the United States Government.
State-owned enterprises are violating the Public Procurement Law by exceeding the limits on the use of less transparent procedures for the same procurement subject, as shown by the research of the Institute Alternative on the use of direct agreements during 2022. The Public Procurement Law does not limit the use of the direct negotiation mechanism, so some public enterprises in 2022 directly contracted in total more than half a million euros.
Simple procurement up to 5,000 euros without VAT are conducted through direct agreement with the supplier, without competition and the obligation to conduct procurement through the Montenegrin Electronic Public Procurement System (CEJN). This type of procurement is conducted through a direct agreement accepting a proforma invoice, fiscal receipt, or contract. In December 2022, Amendments to the Law on Public Procurement were adopted, increasing the upper limit for this type of simple procurement from 5,000 to 8,000 euros.
In this manner, 20 state-owned enterprises spent over 25% of their total procurement budget in 2022. This is why those 20 enterprises were selected as a research sample. Six out of these 20 public enterprises spent their entire procurement budget through direct agreements, that is, choosing suppliers for goods and services themselves.
This was revealed by research conducted by the Institute Alternative, based on the report provided by the Ministry of Finance on simple procurement below 5,000 euros for the year 2022 and invoices obtained from state-owned enterprises through the free access to information (SPI).
Table 1: List of enterprises whose share of spending for direct procurement is greater than 25% of total spending for public procurement
State-owned enterprise
Total direct procurement value
Percentage share of direct procurement in the total PP expenditure
PROCON
29.293 €
100.00%
Business Montenegro
14.423 €
100.00%
Eko fond
25.602 €
100.00%
Naučno tehnološki park
14.877 €
100.00%
Tehnopolis
59.886 €
100.00%
TC Durmitor
33.125 €
100.00%
Regionalni ronilački centar
47.119 €
85,6 %
Univerzitetski sportsko-kulturni centar
19.044 €
70,5 %
Fond za inovacije
13.856 €
67,6 %
Montenegro bonus
76.710 €
60,5 %
Zeta energy
50.669 €
60,55 %
Radio-difuzni centar
315.106 €
54,7 %
Skijališta CG
220.652 €
53,6 %
COTEE
44.670 €
51,37%
OŽVS
39.650 €
38,1 %
CETI
304.920 €
37,4 %
Regionalni vodovod
140.929 €
33,8 %
Nacionalni parkovi CG
88.641 €
31,96 %
Zaštita prostora CG
29.179 €
30,98 %
EPCG Solar
104.319 €
26,2 %
Out of the 20 public enterprises covered by the research, irregularities were observed in five of them. The identified irregularities relate to exceeding the estimated value of the procurement subject annually. Irregularities were recorded at Ski Resorts of Montenegro, Radio Broadcast Center, Zeta Energy, University Sports and Cultural Center, and Regional Diving Center.
As a positive example, the Regional Water Supply is highlighted, which, for certain procurement up to 5,000 euros, specifically nine of them, collected bids from multiple suppliers, thus ensuring competitiveness even though the Law allows these procurements to be made through the direct selection of suppliers.
Enterprises do take into account the annual estimation of public procurement subject
Although the legal framework is clear and implies that direct procurement can only be conducted if the estimated annual procurement value is up to 5,000 euros, public enterprises had the most irregularities in that regard. The same procurement subject was procured multiple times throughout the year, through several invoices, thus exceeding the threshold for this type of procurement on an annual basis.”
The Regional Diving Center reported six fuel procurement from the same company, totaling 12,500 euros, but these procurements are not among the submitted invoices. Three procurements were described as “fuel procurement” and amounted to nearly 9,200 euros, while the other three were labeled as “fuel procurement for official vehicles,” totaling around 3,500 euros. Two out of the six procurement were executed on the same day, totaling 6,870 euros including VAT.
We have not received invoices from Zeta Energy, the Radio Broadcast Center, and the Ski Resorts of Montenegro. However, based on the report submitted to the Ministry of Finance, it is evident that they had procurement that were not compliant with the Law.
Zeta Energy paid a total of 6,218 euros including VAT for “car maintenance” through 11 invoices, from two companies, exceeding the allowed limit for direct procurement. “We assumed that these costs would remain within the 5,000 euros limit, but it is very difficult to predict breakdowns on such old vehicles,” explained Zeta Energy.
Ski Resorts paid 14,342 euros to the Red Cross Kolašin for lifeguard services through nine invoices, while they paid 8,400 euros for marketing services. They paid for marketing services to two companies on the same day.
The Radio Broadcast Center paid 8,893 euros for the transportation of oil to Zekova Glava through four invoices. In their statement, they acknowledged non-compliance with the Law on Public Procurement but stated they had a justified reason for it.
“During the construction of the ski slope at the 1600 ski resort, in December 2021, there was a power outage at the Radio Broadcast Center facility located at Zekova Glava (2,117 meters above sea level). Due to a serious damage to the power line, the teams from CEDIS only managed to restore regular electricity supply at the beginning of March. Consequently, the Radio Broadcast Center was forced to use generators to supply power to the facility where permanent staff members were stationed, ensuring the transmission and broadcast of public service programs and uninterrupted operation of mobile operator equipment. To achieve this goal, the same company was engaged multiple times to transport oil to the generators at Zekova Glava, in order to prevent interruptions and ensure alternative power supply. Given these circumstances, the procurement in question could not have been planned or conducted through an open public procurement procedure. Additionally, we emphasize that due to the importance of our facility at Zekova Glava, which serves as the main telecommunications hub, repair announcements indicated a significantly shorter period without regular electricity supply to our facility,” stated the Radio Broadcast Center.”
“The University Sports and Cultural Center paid 7,689 euros for physical security services in 2022. The Ministry of Finance report did not list the physical security services, while the invoices stated that the services were paid based on contracts for the procurement of low-value physical security for the USKC facilities from April 2021 and May 2022.
A smaller percentage, but higher expenditure
The Public Procurement Law does not limit the use of the direct negotiation mechanism concerning the total contracted value of public procurement, although previous legal provisions imposed certain restrictions. As a consequence, we have a situation where some public enterprises in 2022 directly contracted in total more than half a million euros.
We attempted to expand the research to larger state-owned enterprises that did not have a large percentage share of direct procurement in total public procurement but allocated significant sums of money for simple procurement below 5,000 euros. For the sample, we selected Port of Bar, the Electric Power Company (EPCG), and Airports of Montenegro (ACG).
Table 2: Table 2: The share of direct procurement in the total spending for public procurement in the three big enterprises
State-owned enterprise
Total direct procurement value
Percentage share of direct procurement in the total PP expenditure
Luka Bar
835.593 €
16,88 %
Aerodromi Crne Gore
606.818 €
19,38 %
Elektroprivreda
301.858 €
2.00%
Port of Bar spent 835.6 thousand euros for simple procurement below 5,000 euros in 2022, which accounted for 16.88 percent of the total expenditure for public procurement. Airports of Montenegro allocated 606.8 thousand euros for direct procurement, constituting 19.4 percent of the total expenditure for public procurement in the previous year, while EPCG allocated 301.9 thousand euros for the same purpose last year, which is two percent of the total expenditure for public procurement.
Of these three enterprises, only Port of Bar provided invoices. Through an analysis of data from the Ministry of Finance reports and invoices obtained via SPI, we determined that the state enterprise had three direct procurements whose value exceeded 5,000 euros excluding VAT.
In the past year, Port of Bar had 14 instances of battery procurement from six suppliers, amounting to nearly 9,000 euros including VAT, which is close to three thousand euros beyond the permitted limit for direct agreements. Additionally, for repair works on the grab crane, it paid a total of 9,770 euros through two invoices to the same supplier, while the procurement item “filter element” appeared seven times with an annual value of 9,097 euros. These procurements were made from the same company.
Phones, wallets, chairs…
State enterprises conducted direct procurement to purchase phones, wallets, chairs, trout, paid for lunches, celebrations, and sometimes just a few drinks. The Regional Diving Center spent the most money on a phone, 1,413 euros for a Samsung Galaxy S22 Ultra. Montenegro Bonus bought an iPhone 12 for 839 euros.
Several enterprises procured the development of the “Europe Now” program for payroll calculation, paying from 968 to 1,270 euros.
Almost all enterprises held New Year’s celebrations, and there were other celebrations where enterprises paid for alcohol. At the CETI celebration, 25 bottles of wine were consumed, and at the COTEE celebration, 14 bottles. COTEE explained that it was a retirement farewell, where employees covered the costs of gifts and dinner, while the company paid for the alcohol.
Entertainment expenses ranged from a few euros to several thousand euros. National parks had a bill of two euros, and there were several bills after working hours consisting only of brandies. JPNPCG stated that these bills were related to entertainment expenses, which were solely under the authority of the executive director as the authorised person, and during the specified period, the director of the company was Aleksandar Bulatović.
Many enterprises paid for audit services through direct simple procurement. Audit services ranged from a thousand to 2,500 euros, while Montenegro Bonus spent nearly 5,000 euros, the highest amount among the mentioned enterprises.
Different data from the Ministry of Finance reports and the invoices provided
Through our research, in several instances, it is mentioned that the Ministry of Finance report does not include invoices that we received from enterprises through SPI. The reason for this is that in the Montenegrin Electronic Public Procurement System (CEJN), there is a functional possibility to enter realised procurement up to 5,000 euros and compile reports on them, but there is no obligation or control regarding this. This means that it is possible that some contracting authorities have not fully entered data on direct agreements.
This is evident in the case of state-owned enterprises we analysed, as shown by the comparison of data from reports and invoices from 11 out of 16 enterprises whose invoices and data from reports we obtained. The most drastic difference in data was recorded in the Eco Fund, where the amount of procurement in the invoices was almost four times higher than in the Ministry of Finance report. The reason for this discrepancy is the invoices for leasing office space, which amounted to over 50,000 euros annually, and legal services that cost over 13,000 euros, for which the Law on Public Procurement does not apply.
Table 3: Comparison of data on direct procurement from MoF reports and invoices received through FoI
State-owned enterprise
No. of invoices (report)
Value (report)
No. of invoices (IA received)
Value (IA received)
CETI
118
304.920 €
103
280.220 €
COTEE
122
44.607 €
135
48.662 €
Eko fond
187
25.602 €
227
93.574 €
EPCG Solar
30
104.319 €
24
98.484 €
Fond za inovacije
113
13.856 €
128
26.826 €
Nacionalni parkovi
227
88.641 €
236
85.264 €
OŽVS
37
39.650 €
31
41.324 €
Montenegro bonus
229
76.710 €
257
104.915 €
NTC
84
14.877 €
96
15.186 €
Regionalni ronilački centar
190
47.119 €
267
37.979 €
Regionalni vodovod
101
140.929 €
360
145.994 €
This investigative article was produced within the Project “Procurement under spotlight – Making Watchdogs Work!”, with the support of the Embassy of the Kingdom of the Netherlands in Serbia and Montenegro within the MATRA Rule of Law program. Project aims to empower and motivate watchdogs to combat corruption and undue influence in public procurement.
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Simple procurement up to 5,000 euros without VAT are conducted through direct agreement with the supplier, without competition and the obligation to conduct procurement through the Montenegrin Electronic Public Procurement System (CEJN). This type of procurement is conducted through a direct agreement accepting a proforma invoice, fiscal receipt, or contract. In December 2022, Amendments to the Law on Public Procurement were adopted, increasing the upper limit for this type of simple procurement from 5,000 to 8,000 euros.