Ministry cancels signalistic tender, acknowledges it violated the law

For two years, MlT has once declared another winner, but it is unable to sign any contracts for tears of 2 and tears 3. The Ministry's competent bodies are not taking any step towards their offices that are making controversial decisions. Meanwhile, this tender is the basis of enough to launch investigations into it on the part of other legal institutions.

After publishing the contract release, where the company <x0) was recommended for contract Signal”, near contracting authority, has complained to contestive companies “ITK” shpk, “RSM Company” shpk and company at conzercium “Dorearti” shpk, & “Beni Com” shpk & “Linking”, claiming that the ministry's procurement violated the law several times when it recommended the contract for the company “

After the complaint, MlT has suspended the procurement activity until the complaints are reviewed. The suspension was made on November 21st.

On November 27th, the ministry's procurement office has issued a new decision. He approved the company's complaint. In this case, he canceled the contract release. He has thus acknowledged that the evaluation commission has committed violations.

“OE complaint approved “RSM Company”, OE “ITK” and OE “Dorearti” & “beni Com” & “Land Markings”, initiated by the Ministry of Infrastructure and Transport. 2 / 1 The AK's Ministry of Infrastructure information on procurement activity “is cancelled. Signaling and maintaining equipment on national and regional roads = 168 tears 2 and tears 3. MlT continues further with the procurement procedure”, the Ministry's procurement office ruling says.

As reported in this ministry document, the company had complained that MlT's evaluation commission had violated the Public Procure Law at these points: Article 1.1 purpose, Article 59.4 ] examination, assessment and comparison of tenders. Article 69, technical and professional skills. The ministry has admitted it has committed these violations.

Even “The ITK”, according to the ministry, has complained of violating Article 59 ) testing.

While companies “Dorearti” & “beni Com”& “Land Markings”, had complained about these violations of the LPP: Article 1x2 target, Article 7 unjustly in treatment/no- discrimination, Article 28 technical specifications, Article 59, testing, assessment and comparison of tenders, below 60 unjustly for contract delivery, into 72 documents and additional information.

In this case MlT has turned the subject into re-evaluation again. But the new Commission has decided to cancel the entire procurement procedure for these two parts of the tender. This commission has argued that there have been violations of the law during the drafting of specifics in contract recognition, specifics that cannot be regulated.

The Ministry of Infrastructure and Transport cancels this procurement activity. After the opening of the tenders, an LPP violation has occurred or will occur in the procurement procedure, which cannot be regulated or prevented through a legal amendment to procurement conditions: Date 01. 08. 2017 has been released contract announcement, while by the date of 21.08,2017, 31.08,2017, 04,09,2017, 07,09,2017 and 11,04,2018 has become the correction of the contract announcement, but the tender file has never been corrected. With the correction of date 04. 09. 2019, which has had mostly changes in the recognition of additional contracts, or improvement of the mistake, Article IV. 2.3. The text which needs to be improved / original announcement (if applied) shallow” is said in the country for canceling this tender.

The tender was canceled several more times, reasoning that it was no responsible offer, and then without any excuse. But the OSHP turned it into re-evaluation, arguing that there was no actual basis for the subject to be annulled.

Regarding the decision made by the ministry, three companies have again complained to the contracting authority, but the procurement office has rejected their complaint. Now these companies, as the news has learned.net will complain again in the OSHP.

Probably this time O The EP would approve the ministry's decision, if there were complaints, after such a base had prepared it on its own, in other decisions, when it stated there must be greater legal grounds to cancel the tender.

Consequences

The entire tender, with all tears, amounts to about 2.2m euros per year. Until the rest of the tender had been successfully implemented by the Ministry. By 06.04.2018, MlT's Procurement Office had declared the winner of two tears for the company “Select Prima”, for tears 2, tears 3.

Then there's been a constant complaint on O Open for tears 2 and 3. The OSHP had decided that the tenders would return to re-evaluation, as it had approved complaints from complaining companies, thus conspiring to violations of the law. The ministry had implemented that decision in 2006. 2018, for tears 2 again had declared it victorious “Sect Prima”, while in tears 3, the group of economic operators: “Arbotec” S.P.K.; N.P.G. “Malsija”.

Again there were complaints on O Posts by complaining companies with the same allegations of violations of the law and therefore the ministry has been unable to sign the contract, as the subject has ended in O The E.P. This body has ruled out the same violations and has issued a warrant to enforce its decision. The ministry has cancelled its announcement and maintained the tender for four months for tears of 2 and 3. On the date 24.08. 2018, he made an announcement on contract relations after reevaluating the tender, and again he had declared “Select prima” winning for tear 2 and for 3 tears the group of economic operators “Arbotec” S.P.K.; N.P.G. “Malsija”.

There have again been complaints by companies about the same offense. And again O The EP has made the same decision, so that the matter can turn into re-evaluation and not be repaid by contract to those companies for tears 2 and 3, since they were irresponsible.

Early in April, the Ministry has issued announcements of the procurement activity for tear 2 and tears 3, arguing that there is no responsible offer, even though it had sometimes declared the winners to be responsible. Now, the Ministry has used the same reasoning as in the complaining companies when it eliminated the company “Select Prima” for tear 2 and “Arbotec” & “Malsija” from the race.

None of the companies agreed to cancel the tender and again complained to O The E.P. On June 19, O The EP has approved the company's complaints and ordered the Contractive Authority to cancel the announcement to annul this procurement and property activity to become re-evaluating, against earlier decisions on O The KPS, as it considered that conditions have not been created to annul the entire process, has considered there is legal basis for moving further.

The ministry decided to implement this decision to turn the subject into reassession. He held the tender back several months. Initially, it called for extensions of the bids as a legal category. On the 15th. 11. 2019, MlT's procurement office came out with the announcement of contract delivery, where it declared companies “Sinjal the winner. RKS”, which is in consortium with companies from Albania “IDK control & 2T”.

Company “Signal” irresponsible, responsible, again irresponsible

In all other reviews for this tender for tears 2 and tears 3, the ministry's commission had declared the company's bid “Signal RKS” irresponsible.

For example, in the decision of the date 08.04. 2019, when he had declared this offer irresponsible, he wrote that he rejected their offer after that “in the tender file on the Article 13.1 data sheet was requested, securing the tender according to Order and Operational Guide Article 39. Explaining the Tents. If tender security does not contain the conditions defined according to standard form the share of the tender file, the tender does not refuse the tender without requesting further information. ”

Even in the 16th decision. 07. 2019, the ministry had again assessed all offers as irresponsible. Unlike the last time, he had now given a far stronger reason when he canceled the “Sinal RKS” bid. The ministry's commission had estimated that this company has offered manipulative prices, in part 2 position 1.1, has offered the price of 0.80 euros, 1.2 has offered the price of 0.80 euros, and part 3, position 1.1 has offered 1.10 euros, 1.2 has offered the price of 1.10 euros, as well as in the 2nd in position 1.4 has offered the price of 0.15 euros, etc.

News.net has requested information from MlT regarding the assessment commission's various decisions, as well as access to the parameters of the company's recommended contract offering for tear 2 and tear 3, but MlT's information office has said that this information could let it know when the process ends.

“Linked to your request for access to public documents, accepted on November 18, 2019, we inform you as follows: This process is in procurement and, at the moment of completion of procurement procedures, we will inform you about access to required” documents, says MlT's response to news.net.

In the ministry's recent decision, when the company was recommended for contract “Sinjal RKS”, reportedly, has been the cheaper responsible offer than that of two other responsible companies “Sinyal Papemburg Ardiani” and “RSM Company”, while companies like “Select Prima”, “Doreart”, “Autobotec Malsija”, “ITK” and so on, eliminated as irresponsible.

Even so, news has managed to see the company's parameters “Sinjal RKS” for tear 2, and this company is more expensive than company bid “RSM Company”, which in the recent decision has been declared responsible but more expensive, by the time this company in all estimates was declared irresponsible.

According to Paramas “Signal” for tear 2, has a total offering worth 321 thousand euros, which for three years has a total of 963 thousand euros. For tears 3 has an offer worth 431 thousand euros, which in three years amounts to 1 million and 293 thousand euros, or over 2.2m euros for three years of two offers.

According to other parameters that have seen the news.net, for tears 2, company “RSM” has had an offer worth 227 thousand euros, for three years 618 thousand euros, or 345 thousand euros cheaper than the signal offer. For tears 3, “RSM) has an offer worth 257 thousand 199 euros, for three years 771 thousand and 597 euros, or 520 thousand euros cheaper than the signal. So the budget the ministry would misuse would be 865 000 euros, because that's the amount of “RSM Company” that for three years cheaper than signaling in both bids.

As long as it was declared irresponsible in the commission's recent decision, even “Select Prima” has had the cheaper offer for tear 2, worth 253 thousand euros per year. 759 euros for three years. For tears 3 has an offer of 148 thousand 662 euros, or 446 thousand euros for three years. This company had been declared a winner twice by MlT, and news.net had reported on the proximity of an MlT official to this company, but then declared irresponsible in MlT's decisions. Despite this, this company is working in some parts of Kosovo, after having managed to win tears 8.

And the other company that's working in two tears, the company “ITK” has had the freest offer for tears of 2, or 183 thousand euros per year, for three years 549 thousand euros. For tears 3 has a total offer for one year 188 thousand 530 euros, which totals 565 thousand euros for three years. Both bids total 1.1m euros, or over 1m euros cheaper than the companies recommended for the contract. But this company has been declared irresponsible because, as it has been said, insufficient numbers of workers.

There are over 700 kilometers of roads that fall into the responsibility of the Ministry of Infrastructure, for which there are no companies contracted for maintaining their signalism for about two years, in the tear 2 and tears 3. /Lajmi.net/