O Promission allows CEC tender with legal violations

The Tennders Court has found that non-consistencies in currency constitute legal violations, but it has allowed the CEC Secretariat to proceed with signing the contract for “Public Information on 2017 Local Elections, Lot 1”

The Procureing Organisation (OSHP) has closed its eyes to violations of the Procuration Law made by the Central Election Commission Secretariat (SKQZ) in the tender for “Public Information on 2017 Local Elections, Lot 11x3>

CEC Secretariat has recommended the company “2B for contract Studio”, which had offered 189 thousand euros, at the time when none of the offers of economic operators who had offered in this procurement activity had validity. The failure to keep the currency is made because of the CEC Secretariat, as the same is obliged to ask economic operators to continue the currency of bids, but this demand must be made before the currency expires.

The level of bids for this tender expired on August 9th 2017. Continued offers were made only by September 21, when the subject was considered in O The E.P. And as long as the offers had no validity, the CEC Secretariat had made re-evaluating bids and announcing the winner.

The Tennders Court has found that non-continence of currency constitutes legal violations, but has allowed it to proceed with signing the contract.

“Linked to the allegations of the economic operator complaining that the tender's bid rate has expired with the 09.08.2017 date and that all procedure actions carried out by the AK-KEC with the re-evaluation of the bids, including sending the Standard Letter to the successful and unsuccessful Tenner, is done by 25.08.2017 -- that is, outside the validation of the bids -- the review panel estimates that this claim is a sure -- ”, the OP decision said.

But, O panel reviewer The EPS says the tender should go on ahead despite deviations.

When we take into account the nature of this procurement activity involving public information about the 2017 local elections, while we have already entered the official campaign phase, it comes to the conclusion that this procurement activity should continue further, despite the slight deviations and concessions made by the contracting authority”, the O's argument is said The timeline for the panel's decision.

O decision The time to allow the continuation of this procurement activity is also based on the price of bidders. OSHP says recommended contract offer (2B) Studio 189 thousand euros) is for 10,000 euros cheaper than the candidate operator's offer ( MDA-199 thousand euros.

The panel has enabled the announcement of contracting the CEC Secretariat for the company “2B Studio”, and at the same time, has partially approved the company's complaint. MDA's.

Ardian Jashari from SDA says that within the 30-day deadline, after consultations with lawyers, he expects to make a criminal complaint against O The EPS for the Anti-legal Decision.

This company claims around 200 thousand euros has been damaged by the CEC Secretariat.

In addition to this violation, our company has been caused material damage at the value of 199,952.04 euros”, said among other things in the complaint of the economic operator complaining.

O decision The timeline to allow continued procurement activity to continue is contrary to the request of the CEC Secretariat, which has required that this procurement activity be cancelled since half of the activities envisioned in this contract can already not be realised.

This activity has lost over 50% of its effect, so I recommend canceling the procurement activity”, the representative of the CEC Secretariat in the OSHP panel said.

And the examiner in his report had demanded that the procurement activity be cancelled, but the session changed its stance.

If the AK's interest in developing procurement activity, due to price and material interest, the damage would be smaller if the AK's decision to contract” remained, the investigative expert's final word reads.

Tender for “Public Information on 2017 Local Elections has been initiated much earlier and the same was divided into two logos. In both lines, on 29 June, the MDA -- which had offered 199 thousand euros for the first round and 219 thousand euros for the second round -- was declared the winner. There had been no complaints about the second round, while in the first few words the company had complained to “2B Studio” The OSHP had decided to cancel contracting for company MDA had turned the activity into re-evaluation. In re-evaluation, the OSHP had asked the CEC Secretariat to request additional documents to operator 2B.

As seen in the file of this subject, after O's decision The time for the return of the tender for AK re-evaluation, the SQQZ has requested additional information from OE 2B Study on the 1708,2017.

MDA representative in panel held in O The EPS has said that the request to accept additional documents represents substantial violations of the prosecutions and the procurement law, as according to him no additional documents can be accepted what are required in this case by the SKCEC Contracatory Authority.

“Autority Contractity cannot require filling out the tender file with new additional documents, but only to seek to clarify those who have submitted with the tender file at the moment of application by the relevant economic operator. The very request to submit these documents confirms that economic operator “2B Studio” has failed to meet the condition and legal requirements under Article 69, LPP's 4.1 points regarding school and professional qualifications. Standard tender clarification letter is literally about clarifying documents that have been submitted as part of the tender file and not filling in the file, respectively, incomplete documentation submitted by OE “2B Studio”, which is a condition or cause for eliminating the same as irresponsible”, was quoted as representative of MDA in the OSHP panel.

But the examiner had concluded that the CEC Secretariat's demands were in line with the Public Procurement Law. Even the review panel has not approved this claim to the company MDA's.

“About this review panel evidence finds that evidence offered by OE 2B after the AK-CEC re-evaluation commission's request is in full accordance with the 72 LPP article and no material or substanti change of the tender file” has been caused, said the OSHP decision.

Bardhil Beytullahu from the company “2B Studio”, which is recommended for the contract, says evaluation issues are the work of the CEC Secretariat and OSHP.

We've applied, we've been declared winners and we have what more. We're expecting to sign the” contract, Baytullah said.

In addition, he says that because of delays it is difficult to realise the entire contract.

“Now it remains to be seen what the CEC Secretariat will require to realise from that contract, because some points have just expired. These delays that have normally caused us harm as a winning company. We don't appreciate who is responsible or not, for these jobs there are competent bodies where each of us should be directed”, Bejtullah said.

KA LLXO.com has requested clarification from the Central Election Commission Secretariat, but has not yet received answers.

This is not the first time the CEC has trouble with the tender for public information on local or central elections. In past local elections, there was trouble with the same tender, while on two sides the extraordinary elections -- in 2014 and 2017 -- the same tender has been processed with negotiated procedures without public tender.