No investigation into Suhareka municipality's devised tender for purchase of a car

At that time, after two annulments of this tender, which was first announced on August 2, 2017, and was re-declared on October 5, 2017, the Suhareka Community Procuration Office had declared the company “winner. AHP” from Prizren for car supply from German producer (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.

A Community Willing to Face Justice

But despite the violations committed during the procurement process during 2017 until now, justice institutions have not been taken at all, despite the fact that a state institution through criteria has favoured a certain vehicle.

“As the Procurement Office, we don't have any information about the investigation in this project, but we're willing to face any legal steps that are presented in the Public Procedure Process and other laws in force. The Procurement Office informs you that technical specifications are prepared by demand units. Even in concrete cases technical specifications are prepared by the QKMF application unit.

Also, their correction/improvement has made the request unit” in response to the Suhareka municipality's procurement office as sent to the newspaper “Zeri” on May 14th of this year. The newspaper has also sent questions to justice institutions on this issue, but it has not received answers from them.

Muarremaj: The procurement was accomplished before I was chairman

Bali Muharremaj, mayor of the Suhareka municipality, says the procurement for the purchase of ambulance has been realised before he takes over the post of mayor. I don't have any single information on this procurement process” has President Muarremaj said briefly over the phone.

But on the other official side of the procurement office in this municipality say that the tender “Automotive contributing to the needs of the main Family Medicine Centre”, originally submitted as requests to the Central Procurement Agency, to initiate procurement activity under the centralised procurement guide, but since AQP has not guided procurement procedure, the municipality has been informed that these procedures can be followed.

This project has been revised twice, once it has been cancelled because of the system of e-procurement in the absence of key keys and the carbon operational Guide has become an annulment of the procedure and one time has been canceled in the absence of OE bids. The project has been guided through the electronic procurement procedure and there are several OEs who downloaded the file but two have submitted bids because the project has been divided in 2 Lot/Pjes. OE: “AHP” L.L.C. At the price of 29,990 (Azet thousand and nine thousand and ninety-nine euros), the winner for this year's Project “is said in response to the procurement office submitted on May 14th of this year.

Advancing Through Criteria, Criminal Work

On July 5, 2018 The newspaper “Voice” after a long research found that the specifics placed in the tender file from the Suhareka municipality have made the winning event known to the winner, contrary to legislation in effect. Exactly at 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 was 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 mm, exactly where the tender was required. While specification 36 demanded that the vehicle have an altitude of 1980 to 98 mm, the 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, as other cars fail to 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 a criminal offence and abuse of official office, since, as they say, the Procure Law has been deliberately violated. The Procure Law, Article 2 of 28, 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 toʹi sums up the amounts or other articles that should be provided, choosing a procurement procedure, or setting a demand, or selection criteria, or technical specifications, which in any way is intended to favour, or discriminate against one, or more economic operators.

KRPP had discovered favourable criteria

In the Public Procureation Commission “, the institution that monitors the procurement process of institutions that are funded from the state budget confirm that in terms of procurement activity: “Automotive planning for the needs of the main Family Medicine Centre”, developed by the Suhareka Commission, have issued recommendations for technical specification, as the description prepared by the relevant authority can be interpreted as favouring a designated producer.

“The KRPP during the monitoring of the tender file, respectively, felt that such a description might have a favour in any particular producer. We've asked the contracting authority for these specifications to be revised for any economic or productive operators, because the description in some positions has been, for example, at position 32, the length between the gaps, the specifications have been minimum 3380 millimeters and the maximum of 3415 mm, as well as other” positions, said in the CRPP response.

But despite these KCPP 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 has been allowed to develop when, at the very beginning, favourable specifications are observed, KCPP officials indirectly placed all of this responsibility on the contracting authority “The contractor has full responsibility to decide how to take these recommendations into account”, it is further said in their response.

In violation of the Procure Law

CAPP 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 have no relevant issue expert if the specifications are in favour of any producer. As we stressed above, the CRPP has issued recommendation for technical specifications whether they favour an economic operator or not.

The CRPP has given the recommendation for reviewing these specifications, but we stress that we have no expert on the professional evaluation of whether this specification has been made in favour of any producer”, later said in the CRPP response. In the end according to KCPP officials, favouring certain economic operators through setting various specifics and sanctioning the Public Procurement Law, Article 7, Equality in Treatment/ Undiscretion, 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, sharing or covering quantities, or other articles that should be provided by choosing a procurement procedure, or setting a demand, or selection criteria, or technical specifications that are in any way meant to favour, or discriminate against one, or more economic operators.

Metushi: Specific criteria favor a certain type of vehicles

Diana Metushi, from 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 they 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.

However, when we add the 9th criterion that number drops to about 7 species. When we add the 46th percent of the available vans to 5 and the growth of criteria 34 to 37, the number of producers drops to 1 ʹVolkswagen, while the range of these criteria gives us as option car éVolkswaen Transporter (t5 and t6) ”, she said.