When it comes to the dost company, Nexhat Krasniqi made his Law

For the Kosovo highway maintenance tender, MPHI procurement won the company “2A Group”, owned by businessman Valon Ademi, who cased to be the governor of the procurement, Nexhat Krasniqi.

The tender we're talking about was divided into four parts, but other companies were recommended for the contract. 18 contestants had participated in these four parts. But after the winner's proclamation, some of them had immediately complained to the ministry, under the claim that they were unjustly eliminated, or that recommended companies have not met the required conditions.

Periscope has learned that the procurement office led by Mr. Nexhat is not responding to companies in the set legal term. In this regard, we have contacted the ministry, but this institution has decided that even in this case it will not be answered when it comes to critical compromise questions.

Nexhat Krasniqi steps on only one Under the Law

Reference to data that is published on E-procurement, on April 11th, the ministry's procurement had opened a three-year currency tender for maintenance of two highways in Kosovo. Meanwhile, bids have opened on April 14th, where 18 contestants have resulted, most of whom have competed for all parts.

On April 24th, the ministry has made “notation on the decision of contracting Authority”. This means that the announcement of companies recommended for the contract has been made:

Lot 1: Group of companies with leaders “Lake Company” KPS & “Lake Trade”

Lot 2: Group of companies with company leader “2A Group” KPS & NNT “ABC” KPS & “B CORP” KPS & “J UBICA” KPS.

Lot 3. Group of companies, with company leader “Damastion Project” shpk & “Via” & “Company Eskavator”.

Lot 4. Group of companies with company leader “Arbotec” KPS & “Arbotec GMBH” Dega in Kosovo.

When companies disagree with the ministry's decision, they have the right to apply for review within the deadlines, and, of course, within the deadlines it is expected that the ministry will return.

Periscopi has learned that some companies have been unhappy with the ministry's decision on all parts of the tender, and have also applied for review.

Handing over the request for rescript (last time) was the 27th. 04. 2022. But on April 27th, the ministry has suspended its decision to respond to companies.

According to the Public Procure Law, the 3 - day deadline for deployment begins to flow from the 28th.

The contracting authority, conform article 108/A, the LPP's 6 paragarfi, could extend the deadline for reviewing no more than three days, publicly announcing the country's crediting companies for deadline extensions.

The contractor's”Autority will examine the requirements within three working days, from the application delivery date or when it is applicable, from the date of receiving additional information and documents envisioned in paragraph five of this article. The deadline mentioned above, in specific justified cases, can be extended for no more than three extra days, and the complainer will be informed of this”, said specifically in Article 108 secondary LPP legislation.

So far, the ministry has not charged any documents at the E-procurement, showing that it has not returned to companies in their complaints.

As it turns out, the 6-day deadline is completed at 03.5/2022.

By not returning answers to the deadline, the ministry, unless it violates the law, is using double standards. If any of the companies were to complain outside of legal destiny, their request would be rejected immediately. There have been several cases in the past when the ministry has immediately rejected requests for review by calling them off-limits, even though some of them have had cheaper prices than companies recommended for contracting, and if their demand was considered could be corrected by the ministry's decision on contract making and the budget saved for several thousand euros.

Periscope, days ago, reported twice about the events under way for the realisation of this tender.

One report speaks of how, procurement chief Nexhat Krasniqi has not allowed access to the company's financial bid “2A group”, which is recommended for the contract for tear 2.

The other report concerns the new contract, although the company in question is not doing the jobs in a part of Kosovo, because it has offered at a price of fraud.. /Mentor Buzhala - PERISCOP/