The 100 million-dollar tender with legal offenses

All responsible bids have also resulted in winning tenders. The newspaper Life in Kosovo has found that the Ministry of Infrastructure has declared these 8 companies responsible only for one Ilot each, even though most of these companies have offered in all accounts. The total value of this project, divided into 8 entities, according to bids the Ministry of Infrastructure has declared the winner to be 99m and 651 thousand euros.

Much of the eliminated bids have been cheaper than the bidding recommended for the contract. As a result of the fact that the Ministry of Infrastructure has declared responsibility only from an offer to each Ilot and has eliminated all other offers as irresponsible, most of them with seemingly cheaper offers, the Pristina-Djilan highway costs Kosovo's budget for 33m and 602m euros more expensive.

If the Ministry of Infrastructure signed contracts with the cheapest bidders, the Pristina-Gjilan highway would cost 66m 48 thousand euros, rather than 99m and 651 thousand euros.

The procedure of this tender has started on June 12th, a day after general elections have been held in Kosovo. The bids were submitted by July 21, 2017, at the time Kosovo was in an institutional crisis for forming government. The five - member appreciative Commission had completed its work on September 8, 2017. Ending the assessment of bids that had resulted in the elimination of 173 bids was made just a day before the Haradinaj government was voted in the Kosovo Assembly.

An Anxiety That Sent Two to Prison

The tender for the construction of the highway to Gjilan is one of the largest tenders to have been processed by Kosovo institutions, excluding the two major contracts that have been linked to Bechtel & Enka. This project is divided into 8 parts, which means eight contracts must be signed. Among the eight contracts the Ministry of Infrastructure is aiming to connect to operators is also the five-year rule of problem.

Sallah Company has been recommended for signing the contract for this Ilot from the Ministry of Infrastructure. Company “Salla”, owned by Naim Saum, had offered 21 million and 478 thousand and 937 euros (21,478,937). Operator bid “Salla” has been more expensive than many other 12 bids, which have been eliminated by ministers and infrastructure. In total, 15 offers have been eliminated as irresponsible.

The cheapest bid had been 11m and 900 thousand and 925 euros, or for more than 9.5m euros cheaper than the company's bid “Sa Perëndia” Two bids have been at the price of around 15.5m euros and another at 16.9m euros. Among the operators who have been eliminated for this section of the road are operators who have been declared winners in other lines.

Company owner “Salla” has been assigned 30-day detention measure as suspected of threatening OSP leader Blerim Dina. The same arrangement is assigned to Shaban Lushtak.

In the prosecution's request, which he has secured. KALLXO.com claims that Saqu and Lushtaku have tried to force Blerim Dinah to act against public property in the 21m-euro tender.

In her request, the prosecution also described the actions of the suspects.

“The suspect Sa God has told Dinah that this tender is worth twenty-one million euros, this job must be carried out and cost by life”, said the detention requirement.

The prosecution has described that it is trying to reveal the identity of two other persons who are suspected of having a role in the case, but who are still unattainable to the prosecution.

From a simple analysis of the offers of economic operators that are reflected in the expert's expertise committed by the OSHP, it is seen that only for the newsroom I Ministry has accepted 17 offers. According to the assessment of the winning Infrastructure Ministry has been declared Concerium “Al Trade & Salillari” with their offer of 16m and 25 thousand euros. Moreover, this has been the only responsible offer, since all other offers have been declared irresponsible. As seen in the expertise file, there have been 3 offers cheaper than the operator's announced winning bid for the first entity (number 1). The lower price offer, which had been declared irresponsible, was 14.4m euros, or 1.6m euros cheaper than the winning concertium bid “Pevaku & Joos Krasniqi”. Economic operator “KPS- 4 A-M KPS” had offered 15.7m euros but was eliminated from the race. The same was eliminated from the “Dino KPS” company, which had offered 14m of 419 thousand euros.

Eliminating the Freest Offers

The same situation has been true of offers for the second rule of this highway. The Ministry of Infrastructure has recommended the 15th cheaper offer for the contract. The Ministry of Infrastructure the same as on the count I, out of 23 offers, had only announced the concertium bid “Granit & Enterpriseing & Armendi”, which had offered 6 million and 223 thousand and 855 euros (6,223,855.64).

Out of 23 bids, the Ministry of Infrastructure, 22 of them have declared it irresponsible, where 14 of these declared irresponsible companies have been cheaper offers than the winning operator. The operator “Dino” had offered with only 3 million and 722 thousand euros but had been eliminated. So, the Ministry of Infrastructure declaring 22 operators, 14 of them cheaper, irresponsible, has chosen the bid for at least 2.5m euros more expensive.

For the third part of the Pristina-Gjlan highway, the ministry had accepted 23 offers. The same with the preliminary lines, even here, estimates of the Ministry of Infrastructure issued 22 irresponsible offers. The winning bid on this section of the highway had been 5m and 131m and 393 euros (5,131,393.81) of the concertium “RSM & Benita”.

Even for the count III, the irresponsible announcement of 22 bids resulted in the winning announcement of the most expensive bid for 640 thousand and 946 euros. So only one offer O And Dino 4.4m euros) had been cheaper than the winning bid. But she too, according to the ministry, had been irresponsible.

For the fourth part of this highway, the Ministry of Infrastructure had chosen the 7m and 413 thousand euros bid (7,413,027.70) of the consortium “Tag Asphalt & Beni-com”. Even so, 23 offers had gone to the ministry, and the latter had declared 22 of them irresponsible. So, as seen in expertise, there have been two offers cheaper than the announced winning bid. The lower bid gap with that winner is 1m of 329 thousand and 841 euros.

For the Ministry of Infrastructure as well as the count VI was only a responsible operator, while another 17 offers have been eliminated. In this Ilot, 13 operators who have offered at cheaper prices than the recommended contract operator, the company “Beyta & Bass” have been eliminated. In the 6th part of this highway, it won the second most expensive offer in price, worth 18m and 134 thousand and 701 euros. Even here, out of 18 bids to this section of the highway, only one according to the ministry has met the conditions for winning the tender. The same Avaz happened to count VI.

14 companies had made bids cheaper than the winning consortium bid “Beyta & Bass”. The freest offer had been 9m and 962 thousand and 760 euros, but the ministry had declared the offer together with 13 others irresponsible. The difference in the freest bid submitted to the ministry, but that had been eliminated, with the winner being 8 million and 171 thousand and 941 euros.

Even in the 7th part of this tender, the ministry had declared only a consortium as responsible, while another 19 irresponsible, with 14 of them cheaper than the winning consortium bid “Famis Co & Gjikura” at the price of 9 million and 272 thousand and 10 euros (9,272,010.90). The difference between the winning bid and what it had offered most freedom, but which was eliminated is 3m of 760 thousand euros.

In the last part, the King V The ministry had accepted a total of 19 offers. The same as in all the conventions here and here, in addition to the winning consortium, others had been eliminated because, according to the ministry, they had been irresponsible. The winner of the latest account was announced at “Demastion & EuroKos”, in the amount of 15m and 914 euros (15,914,317). This reveals that another 16 bids cheaper than the winner of the offer were declared irresponsible. The recommended contract offer was for 6.1m euros more expensive than the cheaper offer, which had been eliminated from the race.

The negative effect on the e-procure budget

Twelve economic operators have complained about this procurement activity. Economic operators have complained: 1- “JV Field & 4 A-M”, 2- Consortium “GP & PAENBURG & Adria”, 3- Consortium “Rrucoli & Victoria International”, 4- “Lika Trade”, 5-Consortium “Eskator & AB”, 6- “Conex Group”, 7-Consumption “Pevlaku & Joos & Krasniqi”, 8-Consortium “2A Group & Alcohol Impex & Ex Fis & 2T”, 9- “Ad Iliriden”, 10 Integrated & Milenium Conservation & Delia Group, 11- “Dino & Bager”, as well as the 12th bid is the consortium “Riveria & Mante TCI”.

The newspaper Life in Kosovo has provided a copy of the Procureing Organisation's expertise over the 12 complaints of economic operators, who claim that the Ministry of Infrastructure has committed legal violations. They have complained close to this body after these economic operators have been declared irresponsible by the contracting authority -- the Ministry of Infrastructure.

As seen in expertise, which will be the subject of review at the session, which is expected to be held by the 24th of this month, it turns out that all the announced winning bids are higher than other offers the ministry has declared irresponsible.

Eight of the 12 operators who have complained, in addition to specific claims, have a common point of complaint.

“The AK on the basis of the performance taken by the KCPP, due to non-registering in the e-procurement system of one of the consortium members, has eliminated 8 economic operators”, the expertise report says.

The examiner has returned a uniform response to all complainers who were eliminated from the race because of non-registering in the e-procure system.

The expert has given the right to the operators' claims that in the Tender Dosjen has not been asked that members of the consortium should be registered on electronic platforms. Well, this concession has not sufficed for the expert to give operators rights for this reason of elimination.

This system when it was launched in 2016 was said to save the budget up to 10 percent of the expenses made through procurement procedures, but in this tender it may result in the failure of operators to register, the budget will pay more expensive to lay down. In fact, all of the offers of economic operators for this procurement activity have been submitted to <x04-copy physical” rather than electronics.

The examiner is also based on a KCPP interpretation that says “that a member of the consortium is not registered on the platform and/or is registered after the deadline for tender delivery, the contracting tender in question must be rejected, since the electronic procurement system does not recognise it as a full consortium of”.

In addition to complaints the operators have made for the reasons for their elimination, there are also complaints of operators claiming that the Ministry of Infrastructure has recommended for contracts to operators who did not have the complete file and therefore were irresponsible.

Expert

As shown in the file provided by the YNK newspaper, the research expert on his expertise has provided 15 findings, most of them show that complaints by economic operators who have been eliminated from the race by being declared irresponsible are partly stable.

In his opinion the research expert finds that the contracting authority -- the Ministry of Infrastructure for Procure activity -- with the inside number “M1 17 046 511<18x1> and the number of e-procurement: “205-17-2586-5-1-1<3> has not respected the Public Procurement Law in all provisions.

The examiner in his expertise proposes to the review panel that all complaints by economic operators/consumptions be accepted as partly based;

The examiner proposes to the panel that the contracting authority decision on I, II, III, IV and VI remain in force. As for the V, VII and V III the examiner recommends to the review panel that annul the decision to contract the Ministry of Infrastructure contract and propose that the procurement activity for V, VII and V III to be reevaluated.

The examiner has also recommended the contracting authority that, during the assessment of the bids, the LPP provisions are implemented in all, and the initial requirements taken into account in announcing the contract and tender file.

According to the research expert, the Ministry of Infrastructure has declared 8 economic operators irresponsible due to non-registering in the e-procurement system of one of the consortium members. While three companies or consortiums have been eliminated from the race on the grounds that they have failed to meet certain requirements set forth in the contract announcement and the tender file on technical and professional capacity.