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

The ministry had accepted a total of 18 bids for the 16 million tender, which is specifically called: “Winter and Summer Preservation of the A7 highway (Abraham Rugova) -lot 1 and 2. Winter and summer maintenance of the highway (Arber Xhaferi) -lot 3 and 4”, divided into four total tears.

New Finds Periscope Regarding the procedure of this tender, it has to do with the contract recommendation for tears 3, where companies at the consortium “Damastion Project” have been declared the winner. shpk & “Via” & “Company Eskavator”.

Ministry procurement led by manager Nexhat Krasniqi had opened offers and recommended contracting these companies:

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.

After that stage, there were complaints from the contestive companies, which the ministry had dismissed. The same have complained to the Procuring Bureau -- O The EPS, but this institution cannot take an action because it has no valid board and is dysfunctional. So, the tender is suspended as well. The ministry's audit unit is watching the tender flow.

One of the criteria that is placed in the tender file on economic and financial capacity has been that <x0) the company should possess copies of the contract and final job accession processes, showing the value, the date, nature and location of projects in the maintenance, reconstruction or road construction for the past three years, private sector contracts should be accompanied by reference and the process of accession of <1x>

Periscope has found that the Ministry of Infrastructure, led by deputy minister, Hysen Dumrishi, has issued references for the work done, for the company “Demastion Project” on the date 03.03.2022, for the performance of the work, still without completing several contract positions. It's the reference to the “project maintenance A7 Highway Ibrahim Rugova”, which was signed in July 2019, with duration for 3 years and valid until July 3, 2022.

Also, except that reference has been issued to the contract that has not been completed, Periscopi, has two processes of technical acceptance of the work on this road.

A few days ago, Periscop reported that the company in late 2020 had eroded 220 thousand m2 asphalt in Pristina - Peja magistrates, specifically at the entrance of Komoran and no longer paved the road.

As seen, the ministry, except that it has issued references to the contract that has not been completed, is realised at zero value. (see documents at the bottom of text)

Parasony and precalculations to which the contract is connected, as well as position number. 5.5 of the contract (the new circuit bed, SMA ,11 in the average thickness of 4cm of grossing) where the amount of 210,600,600m2 at the price of 0.05 cents is for this position.

As seen by the ministry's issued documents, technical acceptance of the works for 2019/2020, where the 5.5 position has not been achieved, so it's 0.

Also, the technical acceptance of the work for 2020/2021, the same project, where the 5.5 position has been accomplished only 840m2 , from 210,600,000 m2, has been the first in Paramas and Paragari.

Except for this position, which has not been realised, because the company would bring huge losses, because it had offered a minority price of 5 cents, and if it were to lay asphalt this year, the total price set for 200 thousand m2 ounces of asphalt, where only 10,000 euros had been placed, would be twentyfold, because the asphalt on the market is over 7 euro m2.

Even unless the 5.5 position of the contract for which work has been presented has not been realised, the technical acceptance of jobs is seen as not yet being carried out, which the ministry may not have been required to order them, even though it has set them up as articles. But, if the price of the company's offer of these zero-realization positions is seen, it is obvious that they have been effective, since the offer in many of them has been only 10 cents, while those committed are highly offended.

The law does not know “Reference”, but Certificate for the jobs performed

Reference to Public Procure Law - The LPP on which public contracts are being realised, the ministry has set cross-border criteria, contrary to the LPP, when it mentioned the term "References."

The Public Procure Ration Commission has clarified this a few days ago in Questions and Consolations, where the different parties demand the interpretation of the LPP, the institution responded.

No “in any of the 65-70 provisions of the LPP is mentioned in the term” Reference” in the sense of testimony that an operator has happily conducted a contract. This can be witnessed by the final report of the work done or with certificates for performing and/or the satisfactory outcome of the projects, which evidence is mentioned in Article 69 of the LPP. However, if the Compacting Authority requires reference to satisfactory contract realisation, specifying the minimum number of references in the tender file, and in the announcement of the contract, reference should be for contracts specified on the list of contracts and should be brought by the member of the group, if the same has been the executioner of the corresponding contracts, so that the application is considered to be fulfilled by the whole”, the CRPP interpretation says.

So, expressly, the CAPP has said that contracting authorities cannot set as criteria, demands for jobs done, but the final report on performing works or with certificates for carrying out and/or satisfactory completion of projects.

In the document issued for Reference, the signing has been dropped by former Ministry Secretary Izedin Bytyqi and the Director of the Road Infrastructure Department, Rame Qypeva.

Deputy Prime Minister Hysen Durmish has issued an extremely controversial statement, opposite the decision the ministry has made to recommend contract to the company “Demastion”, and to provide reference to the things it has done. His statement seemed to be in the quality of the person operating as independent of the ministry, and not as the main authority there.

After all these actions, Mr. Drumishi in a TV interview said that with the contract that is still valid a few days, which is being carried out by “Damastion”, the prosecution should be taken.

We have situations where the asphalt price has been 1 cent and 5 cents. At market prices for that position, it has been 10 euros, now it's even more. So there was a 200 thousand m2 position, the price on the contract was 5 cents, which for all is 10,000 euros, and the market price is 2 million euros, and then it didn't do the work, because it's already agreed that we're cutting this position and you get the contract, but you get the job. And with that the courts and the prosecution have to deal with it, Durmish has expressedly said in an interview for ATV.

Durmish strikes himself a little bit by trying to shoot at Obadiah.

In his interview with ATV, Durmish has also tried to crack down on former Infrastructure Minister Lumir Abdixhiku, saying the only project he's ever received has ended in the investigation.

“Lumir Abdixhiku has only dealt with an issue that was minister of Infrastructure, except with one project, the road to Veternik. He's constantly out on the ground for Veternik's work. I'm not saying any less than that subject is in the investigation. So with that project taken, he's in the investigation”, Deputy Infrastructure Minister said.

As we've already mentioned, for tears 3, for the Highway Manager's tender has been recommended for contract, the consortium “Damastion Project” shpk & “Via” & “Company Eskavator”.

Periscop has realized that company “Eskavator” has done road work in Veternik, a project called “Enlarging the N2 National Road, a stretch of entry into the town of Pristina by Veternik, along with the bridge linking national roads N2 and N25.2, with the key to the R7 “Ibrahim Rugovax> highway.

Regarding this project, it is taught that in the past year the ministry had formed a commission to verify additional jobs. The commission had made drilling, where then it was found that all layers under contract have not been laid on the side of “Company Eskavator” and that some positions are missing. /Mentor Buzhala - PERISCOP/