Libun Aliu ministry positioned for illegal tender in road maintenance

Neither last night nor today, no handful of salt has been thrown into over 80 percent of the regional and regional roads maintained by MMPHI. The big fate is that there are no large frosts, although the worst situation reigns in some mountainous areas. If drivers are not equipped with winter tires, they are immediately fined by organs, but the same is not why salt is being thrown into the streets.

The ministry in question has signed only four contracts so far, out of the 15s it has planned for the maintenance of regional and regional roads for the next three years. They are: Mitrovica 1, Peja 2, Prizreni 2 and Gjakova 2. For each region there will be two contracts, except for Pristina three. Other contracts have not been realised because MMPHIA officials have been positioned to sign contracts with several specific companies for what complaints have been addressed by the ministry and Procuration Monitoring Organisation for a long time.

O The spread paves the way for the ministry to sign contracts

Finally, the Procureing Organisation's Board has given the green light to the ministry, which signs seven other contracts, while four bids turn once again into re-evaluation for which more complaints are expected and expected.

O panel The DS made a decision without inviting the complaining parties to the session.

What has been noted in the O panel decision The EPS is that it has given its expert the right to the trial of this case, and it has not addressed at all the main element of complaining companies that had to do with the ministry's violations that the tender had expired with the currency of bids and that they were extended after the expiration. According to the Procure Law, this is illegal.

Based on the Tent File, which is published in the E-procure, company offers have had validation for a 90-day period from the opening date of tenders that has been the 2005,2022, so by the 18th. 08. 2022.

First Sin

Initially, the responsible procurement official at the MMPHI has called for the continuation of the bid eight days after the expiration ( date 24. 08. 2022, giving another 2 days to send a follow-up, with which communication of tender worth has been cut off, while required before 18. 08.2022, so before the end.

In this case, the violation of Article 21. One and 21.2 of the Tent File, which says that the accounting authority before the expiration of their period of validity, can be required by tenderers extending the period of tender validity, as well as Article 31.4 of its RRUPP: The demand for extension of the tender rate will be written and should be requested before the expiration date.

According to Article 31.4 of RRUPP is not determined how many days before the wave of bids can be required to extend the quality deadline. It is important, however, to have concessions between the expired and the new one, so it is said “before the end date”.

Public Procure Regulatory Commission - The KRPP, on its Web site, has published information also on the magazine, asking opinions on various questions that contracting authorities and different parties ask. It has been explained on the period of supply quality, where it is said retroactively no longer required to extend bidding.

“However, it is important that there be privacy between the expired and the new one, so this provision says: “before the expiration date....” Despite the procurement activity is in “uspending”, The AK, in accordance with Article 30.4 of the Public Procurement Order, should require extending bid quality before the expiration date. Article 30.3 The order of the Public Procubation Order requires strictly that the offer be valid until the introduction and signing of the contract. Therefore, the KCPP considers that no public contract can be signed with expired bids. For this reason, Procubation Officer needs to with the utmost care to convey the wave of bids, and in any case should require all the participating economic operators to extend bidding before the expiration date. Retroactively, it cannot be required to extend bidding quality and/or tender safety. KCPP will particularly monitor contracting authorities for failing to implement Article 30.4 of the Public Procurement Order. Don't implement Article 30.4 is classified as a serious violation under Article 97 of this regulation, so the CRPP will take measures in line with Article 97 of the Public Procurement Procurement”, the KCPP opinion says.

Since this has been classified as a falling violation, Periscop has requested an answer from the CCPP if it is aware that MMPHI is positioned to sign contracts with this violation and that they have monitored this procurement procedure, but that we have no response to the publication of this article.

Second Step

If it were to be calculated from the 26th. 08. 2022 offers to have validation in the 90-day term, then this currency would expire on the 24th. 11. 2022 and that the ministry would need to keep the currency going before this date. But the MMPHI procurement has not respected this deadline either, and on December 9th, 2022, after 106 days have passed, they have submitted a follow-up request for continued bidding.

So, in their complaint companies have highlighted this fact, which originally O'S expert The EVA did not address it at all, nor did the panel.

In the past, the Procubing Organization had completely canceled the procurement process for contracting authorities.

Access and other thought, in terms of the tenders' assessment, do not continue to collect and secure bids, expert Visar Basha has another procurement activity.

He's on the rapporteur. No. 216/20, 218/20 where for the same circumstances, he has insisted on canceling the procurement activity because of these violations, since there is no currency of bids, no deadlines to assess offers have been respected, no tender insurance.

The same had also proposed to the review panel that measures be taken against responsible officials of the contracting authority.

And in the expertise for maintaining regional and regional roads, in terms of claims on taking measures against procurement officials, says” are outside the competence of the examiner's expert, and eventually the review panel can consider”.

O The E.P. gives justice to a ministry group

So, as mentioned above, O The EP has decided to turn into re-evaluation only three offers involving Lot 6 (Peja 1), Lot 1 (Pristina 1), Lot 12 (Gylan 2, Lot 3), thus considering that the ministry violated the Law when deciding on these offers.

Initially, a commission selected by the ministry's chief of procurement, Nexhat Krasniqi, in these tears had selected companies:

Five. One. “Ex-Fix” shpk. Value in a year 659, 230. 60 euros.

Pristina - 3 “AAB Construction” shpk, N. N.P. “ndering”, “Urban O. P”, “Adnan BI”, “Premium-x” shpk. The value for a year of 484, 574.20 euros.

Gjilan -2. “via Egnatia”, “Humolli -S -Perol”, shpk, “VJV Group”. A year's worth of 652, 327.77 euros.

Periscope has reported that at Pristina 3, the company “Kosovo Asfat” is owned by members of the Zv dot. Minsiter Hysen Dumrish, and at Peja 1, the owner is the father of Nexhat Krasniqi's friend, and “Ex -Fix” is the declared sponsor of the Vetevendosje Movement.

After the names of the winning companies had emerged - in turn, those higher ones - the ministry had been signed up with complaints. During that time, Krasniqi had moved from the post of chief of procurement to another position, and had taken that position, Rudicim Mustafa.

To see the company's complaints, Mustafa had appointed a commission, which had decided to turn the three aforementioned bids into re-evaluation and found that the previous commission had committed violations.

The ministry has not indicated what the violations it has committed, namely the conditions that have not met companies when they are recommended for the contract, but only said concessions have been made.

“MMPHI as contracting authority after accepting the application has reviewed the validity of all complaint parties claims. MMPHI, during reviewing the complaints of economic operators, notes that several concessions have been made to the OE group -- recommended for the contract -- at Pristina 1, Pristina 2 and Pristina 3. So based on complaints, and noting them during the review, the MMPHI decides that tears 1.2.3 and Pristina 1, 2, 3 subject will be returned to Revaluation”, it is said in the complaint that has been approved to the group of complaining companies.

The decision did not reconcile companies that were recommended the first time and complained to the ministry, which has dismissed the complaints. Then the same have complained in O The E.P. This institution has held this tender for several weeks, and for these three parts it has approved complaints to complaining companies, where it has forced the ministry to counter their complaint, to do the re-evaluation, which means the same are expected to be confirmed again, while now again at the helm of procurement is Mr Krasniqi.

If punitive measures were applied to anyone for favouring or violating the Law, this situation is very much adversarial because one commission within the same institution is deciding otherwise, at least in these three tears.

There are allegations of violations in this tender since his initiative, when the criteria have been established -- because, as Periscope has learned, the ministry has drafted the parade without even appearing in the field. So he's set up positions that need to be worked and maintained on the street without their account. All positions are set by the office. /Mentor Buzhala - PERISCOP/