The audience finds that the Constitutional Court has devised tenders for buying 10 iPhones

Even the final authority in the Republic of Kosovo for interpreting the Constitution and laws has devised a tender. It's about a small contract to supply 10 smart phones. Something like that found the National Audition Office in 2021...

In the past year, the Constitutional Court (GJK) had opened a procurement procedure for the purchase of ten smartphones. The audience has noted that this contract has been carried out by violating the competition of the Public Procure Law, as according to her, technical specifications have only been adapted to the producer-Iphone, even though the race has been open to all companies.

“In the procurement procedure “Powering with phone/smartphone”, worth 8,880, the JKK in case of setting specifics in the tender file, had used favourable criteria that had eliminated competition. This is because, in technical specifications, all the features of the telephone that mark the inside of the iPhone and, moreover, the required model had been specified the name of the appropriate inside. This had happened because the research unit had not taken into account the legal rules that prohibit the favour of the internals or OEs designated”, says the JCK's 2021 Financial Mirrors report.

Public Procurement Act Article 28, points 2 says that <x0 contractor authority will compile technical specifications so that they can comply with the goal of procurement and directed towards ensuring access as best for all interested economic operators and tenderers”.

So according to this article, the contracting authority is particularly forbidden to draft technical specifications that favour or discriminate one or more economic operators.

According to the audience, setting favourable criteria in technical specifications causes unfair treatment or discrimination of economic operators and undermines competition.

“General Secretary-General must provide effective checks to the research units and procurement office in order that, while drafting technical specifics, not use favourable criteria and procurement procedures be conducted in accordance with law”, the audience's recommendation to the case is said.

As noted in the report, JSK's management has agreed to this find.

Periscope has learned it's about the tender that was implemented in September last year, where the company “Eor Group” was awarded in tender. S.P.K.

The procurement of this institution had accepted 5 offers for this procurement substance.

According to data that has Periscope removed from the internet, the phones that the Constitutional Court has ordered, are type iPhone 8, with Dimension w x 67.3 x 7.3 mm (5).45 x 2.65 x 0.29 in).

As said in the contract, equipment should be in 1 year guaranteeing the paper, and the devices (smartphone) should be identical to technical specifications such as in the tender file, the devices should be new, unusable. / P ERISCOPI/