The Ministry of Infrastructure does not allow access to Auditor's Report for 16 million tender

The Ministry of Infrastructure's Interior Audition Unit has already submitted to internal bodies the auditing report for the 16 million-euro summer and winter maintenance tender of both Kosovo highways. Periscop has requested access to this report, but has been denied the request by the ministry with the reasoning that it is confidential and used only by the ministry's top management, in cases of risk management and control processes. No matter what findings there may be, the ministry's Procurement Office has taken an illegal move regarding this tender two days ago.

The interior audit unit of the Ministry of Environment, Spatial Planning and Infrastructure has submitted the A7 Road (Ibrahim Rugova) tendering procedure for maintaining highways “winter and summer maintenance of the A7 highway -lot 1 and 2. Winter and summer maintenance of the highway (Arber Xhaferi) -lot 3 and 4” last week. Periscope has learned that the report has recorded several violations on the part of the ministry's procurement of this subject.

Based on NR Law. 06/L-081 For access to Public Documents, Periscope has requested access to this report. MMPHI, led by Minister Lieburn Aliu, has not rejected this request, but has given neither consistent reasoning, at least not based on provisions of this law that clearly determines when a request for access to public documents can be rejected.

In order to respond to your request for access to public documents issued on June 24th 2022 in the auditing report, which ministry officials have drafted for auditing the tender procedure: “Winter and Summer Preservation of the A7 Auto (Ibrahim Rugova) -lot 1 and 2. Winter and summer maintenance of the highway (Arber Xhaferi) -lot 3 and 4” (dt. July 22, 2022) We inform you that the activities of the Internal Audition Unit for Security Services (not regular audits) are activities set out at the International Standards for Professional Internal Audition Practice (Standards), often required by the upper management MMPHI in order to provide the necessary information on specific activities, related to risk management and control processes. After reviewing your request, we inform you that the commitments of NJAB and professional commissions to address specific issues (based on management requirements) for objective assessment and to offer an independent opinion or conclusion about a process are treated as confidential reports and, for use only by high management MMPHI, in risk management and control processes (including decision making)”, is said to reject the ministry.

Periscope is awaiting another response from the ministry, which has demanded that the provisions of the Law be mentioned specifically that does not allow access to this document, and why, since this Law is very clear in these cases. “3.1. The required public document concerns the cost of public money”.

No matter whether the report is found, the ministry has taken an illegal action two days ago linked to this tender weighing over 16m euros. On June 28th, the ministry's procurement has charged a document on E-procurement to this tendering procedure, which has to do with “ignoring the contract”. In this document, it appears that the same companies were recommended for contract, as was the first time. So they're recommended for contract:

Lot 1 has won the Group of Company 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.

This act of procurement has been illegal, based on the Public Procure Law. That is because, on the 27th of June, the procurement leader has put the suspension of the procurement procedure on the basis of several complaints some companies have made at the time of the first contract recommendation. After the ministry had declared the winners, some companies have disagreed with that decision and appealed to the ministry. This institution after accepting complaints has ruled to suspend the procurement procedure until considering their complaints.

The contractor's “Autority will review the requirements for reexamination within 3 working days of the application's surrender date”, the suspension decision said.

As Periscope has seen, the ministry has not examined the complaints at all, this is about the fact that there is no document loaded with E-procuration that proves it. But, arbitraryly, the ministry has recommended for contract the same companies, which may also be responsible. The Public Procure Law, however, does not allow such an action to issue a decision on contract recommendation, is dismissing complaints filed by companies. Otherwise there would be no point in either the ministry's decision to suspend the procurement activity.

Either way, this violation will not be part of the auditing report, as it has already been protocold.

Periscop has published several scriptures so far regarding this tender. /M. B )PERISCOP/

Tent 16 million: Durmish gives the reference to the company in the morning, mentions it to the Prosecutor