For weeks, businesses have been facing an unprecedented situation, created by the blocking of the fiscalization self-care platform. It has practically threatened the normal course of business activity.
But the failure of the fiscalization platform seems to be just the tip of the iceberg of problems for state digital systems.
According to market sources, the digital infrastructure of public institutions in the country is facing a silent maintenance crisis and the main reason seems to be repeated complaints in the procurement procedures of the National Information Society Agency (AKSHI).
Sources say that a group of economic operators has created an operating model that consists of submitting serial complaints about procurement processes. This blocks for months the finalization of procurement procedures for the maintenance of systems that provide critical services to citizens.
As procurements are blocked, a significant number of institutions are left without maintenance contracts for systems that manage sensitive citizen data and administrative processes.
According to these sources, prolonged delays lead to depreciation of systems, the need for additional investments for improvement and development beyond routine maintenance, as well as increased commitment from operators in cases where, after a long time commitment, they manage to sign contracts.
The consequences are direct and tangible: the continuity of digital services is not achieved, procedures remain suspended for months and the right to appeal loses its legal function. Operators that operate with real capacity are penalized, while public institutions remain exposed to the lack of continuity of services.
According to these sources, what is often underestimated in this issue is the national security dimension that arises as a result of the deliberate blocking of public procurement procedures. The artificial delay or suspension of these procedures prevents the continuation of contracts for the maintenance and development of public digital systems, leaving them for long periods without essential technical interventions.
As a result, these systems become progressively more exposed to cyber threats. Every day of delay significantly increases the risk to the integrity, availability, and confidentiality of these data and services.
In this context, the failure to guarantee the continuity of public digital infrastructure maintenance services, as a result of procedural blockage, could become a direct issue of national security.
Currently, there is no functional mechanism to filter or curb complaints used as a blocking tool, even when they may be repetitive and without factual basis.
Article 3 of the Public Procurement Law clearly defines the fundamental principles of fair competition, proportionality and equal treatment of economic operators.
Systematic obstructive behavior, through abusive and repeated complaints, can potentially create a form of unfair competition, where economic operators who invest in real technical, financial and professional capacities are penalized with unjustified delays and unnecessary additional costs.
The right to appeal, guaranteed by Article 113 of the Public Procurement Law, is an essential instrument for the protection of the legitimate interests of economic operators. However, when this right is systematically used not for legal protection, but for the creation of artificial obstacles and the blocking of procedures, this can lead to flagrant abuse that violates the spirit, principles and purpose of the law itself.
Sources say that this practice is gradually undermining trust in the public procurement system, so the Public Procurement Commission and the Public Procurement Agency should take a clearer and firmer stance against the misuse of the legal right to appeal./Monitor.al
