The 30,000-euro Suhareka Community tender

In the criteria set out in the Suhareka municipality tender file for purchase of a dialise vehicle for the need of the main Family Medicine Centre (QKMF) was missing without the type of vehicle and company that would win the tender.

Everything was in this procurement activity to buy a type car called "Volkswagen (VW)," which even happened.

After two annulments of this tender, which was first announced 2 August 2017 and was re-declared on October 5, 2017, the Suhareka Community Procuration Office had declared the company a winner AHP) from Prizren for car supply from German manufacturer(VW), whose value amounted to 29,990 euros.

While the car was accepted by the contracting authority, the Suhareka municipality, respectively, on November 17, 2017.

The newspaper Voice after long research found that the specifics placed in the tender file from the Suhareka municipality have led to the first of this procurement activity as well as the winner of the tender, contrary to legislation in effect.

Exactly in the 34th specification of this tender file, it was said that the length of the vehicle should be at a minimum of 5300 mm to 520 mm, while the chosen vehicle from the municipality has a length of 5304 mm.
The specification 35 was also adapted to the German manufacturer's car (VW), since it required that the vehicle be wide from 1900-1930 mm, while the vehicle already in use of the Suhareka KKMF has a width of 1904 millimeters, precisely required in the tender.

While specification 36 demanded that the vehicle have an altitude of between 80 and 198 inches [80 and98 mm], this car has an inch [90 mm].

All other bidders would be disqualified from the competition of this tender that amounts to no less than 30 thousand euros, since other cars do not meet the three specifics imposed by the contracting authority.
The preference of economic operators, through the use of specified criteria, according to field experts, is also considered criminal offence and abuse of official office, since, as they say, the Procure Law has been deliberately violated.

The Procurement Law, Article 2, respectively, clearly states that contracting authority is prohibited from specifying its own needs that must be met, specifying the subject that will be produced, sharing or sum up other amounts or articles that should be provided, by choosing a procurement procedure, or by setting a requirement or criteria for selection, or technical specification, which in any way is intended to favour, or discriminate against one or more economic operators.

The Suhareka municipality: Technical tender specifications corrected

The Public Procuration Ration Commission(KRRPP), the institution that monitors the procurement activities of central and local institutions, had noted that with the specifications of the tender it is favouring a certain vehicle, in opposition to procurement regulations, by which it had asked them to change such specifics.
However, such a KRPP request was rejected by the Suhareka Community, however procurement officials in this municipality say they have largely ignored the KRPP recommendations.

This procurement process has been tendered twice. Once it was cancelled due to lack of e-procubation system keys, while the second time it was cancelled in the absence of bids by economic operators, the Procuration Office in response is said to The Suhareka municipality.

The project has been guided through electronic procurement procedure and there are several economic operators who downloaded the file, but two have submitted offers, because the project has been divided into 2 tears. Economic Operator At the price of 29,99010, the winner was announced for this project”, the Procuration Office's response said, adding that the Procuration Unit has also corrected technical specifications, following the request of the KCPP monitoring department, that the same can limit competition. The newspaper has requested more detailed data, but has failed to receive such answers from the Suhareka municipality.

Winning Company Fails

During this several-month research, the Voice has addressed the Suhareka municipality with questions about more detailed information about the process, but not even after a month of waiting has been able to get the answers requested by the Suhareka Community.

In the interest of the newspaper Voice for this tender, he has refused to respond even to the winning company. AHP from Prizren. The newspaper has also addressed the latter with concrete questions on the official email, but even after several days of waiting it has not been answered.

KRRPP unveiled favourable criteria

On Public Procuration Regulatory Commission (KRPP), the institution that monitors the procurement process of institutions that are funded from the state budget, confirms that in terms of procurement activity: “Auto-Fournisation for Dialiasis for the needs of the Family Medicine Centre” developed by the Suhareka municipality have issued recommendation for technical specification, as the description which is prepared by the relevant authority can be interpreted as favouring a given producer.

“The KCPP during the monitoring of the Tent File (DT), respectively, has thought such a description could have favour with any particular manufacturer. We have requested from the Contacting Authority (AK) that these specifications be revised that there should be favourable elements for any economic operator (OE), or producers, because the description in some positions has been in position 32, the length between the axes, the specifications have been minimum 3380 mm and the maximum of 3415 millimeters, as well as other positions”, in the CRPP response.

But despite these KRRP recommendations, the contracting authority had not changed any specifications in the tender file, which favoured the German manufacturer's vehicles.

In the question of why a procurement process was allowed when favourable specifics were observed at the start, KCPP officials indirectly placed all responsibility for this upon the Compacting Authority.

“Contacterial Authority has full responsibility to decide how to take these recommendations into account” is further discussed in their response.

In violation of the Procure Law

CHAP has requested more detailed information if specifications placed in the tender file favour a certain economic operator, but they have said that besides the recommendations given, they have no relevant issue expert, if the specifications are in favor of any producer.

As we highlighted above, KCPP has issued recommendation for technical specifications whether they favour an economic operator or not. The CRPP has recommended a review of these specifications, but we point out that we have no expert on the professional evaluation of whether this specification has been made in favour of any producer”, further said in the CRPP's response.

In the end, according to CRPP officials, favouring certain economic operators through establishing different specifications and sanctioning Public Procurement Law, Article 7, Equality in Treatment/ Non-Discrimination, more precisely paragraph 3, which clearly states that contracting authority is prohibited from specifying its own needs that must be met, specifying the subject that will be produced, divide or sum up the amounts or other articles that should be produced, by choosing a procurement procedure, or by setting out a requirement or criterion of selection, or technical specification that in any way is intended to favour or discriminate against one or more economic operators.

Metushi: Specific criteria favor a certain type of vehicles

Diana Metushi of the Kosovo Democratic Institute (KDI), which has a long experience in monitoring procurement activities by budget agencies, has noted that such criteria set by the Suhareka municipality may not even favour a certain economic operator, but says the same favour a certain type of vehicles.
According to her, if research is done, it will be seen that on the basis of the first 8 criteria from technical specifications, there is a range of over 17 species of vans (national) available in the market. “Anyway, when we add criteria 9, that number drops to about 7 types. When we add the 46th criterion, the number of available vans declines to 5, and with the growth of criteria 34 to 37, the number of producers drops to 1 “Volkswagen”, while the range of these criteria gives us as option the car Volkswagen Transporter (t5 and t6)”, she said.

Metushi says that so far it has been proven many times that institutions have prepared tenders for certain economic operators.

We have a lot of O complaints. HOMEs that testify to such a thing, which is also present in the reports of the National Audition Office every year<x0... relates further.

Furthermore, Metushi from KDI says violating the Procure Law, favouring economic operator through the use of specified criteria, can also be considered a criminal offence and abuse of official office, as they deliberately or knowingly violated the Public Procure Law.

In terms of setting favourable criteria from the Suhareka municipality in the above-mentioned activity of the newspaper's procurement, Zeri has also sent questions to State Chief Prosecutor Alexander Lumezi if any prosecutor has investigated this tender, but from his office no response has been given to the newspaper.

Quotes:

This procurement activity has not been addressed by the Kosovo Anti-Corruption Agency.

AKK has so far failed to handle this Suhareka Community procurement activity, says Africa Atatshi from this agency.

Fact 1:

Specification 34 The tender file specified that the length of the vehicle must be between 5300 mm and 520 mm of an inch [5300 mm] long, since the selected vehicle has a length of 5304 mm.

Fact 2:

The specification 35 was also adapted to the German manufacturer's car (VW), since it required that the vehicle be wide from 1900-1930 mm, while the vehicle already in use of the Suhareka KKMF has a width of 1904 millimeters, precisely required in the tender.

Fact 3:

While specification 36 demanded that the vehicle have an altitude of between 80 and 198 inches [80 and98 mm], this car has an inch [90 mm].