For the highway tender, Libun Aliu's ministry contracted to the company that offered 0.04 euros

Ademi company “2 AGroup” was recommended for the contract a few weeks ago in the highway maintenance tender. The tender is divided into four parts, and this company was declared the winner for the second half, worth 3.4m euros. After much procrastination, the contract was signed a few days ago. By the time the contract was recommended, the upper company of many bidding companies complained that they were eliminated for a cheaper price, and by law demanded that the winners see the offer because they did not meet the conditions. The chief of procurement did not allow access to companies.

Now, after the contract's release, it seems it's been out there and the reason why the former procurement chief wouldn't allow access to the dost offering. Periscop found that the offer of “A2 group” has failed to meet the conditions for the currency contract.

We've only referred to the last part of the contract that has to do with the prices offered “size and parameter” and we've only stopped in one article. There are 100 articles / locations in which companies have set their price. The value of the amount has not been defined, but only 1 (one), and as much as the ministry orders, the price set in them is paid. One of the most frequent forms of abuse is the use of this procedure, where the contracting authority “does not know” the amount of articles and sets the amount 1 for each item. Then, by price collection, he decides the winner of the contract. Often companies are informed of what should and should not work on that project, and depending on that, they place very high prices, very low.

Periscope has seen that the company “A2 groups”, according to the parase, at Parallardia 2 (Location 2.2) the operator has offered a price of 0.004 euros for article “garging and salt transport and distribution”.

This offered price is contrary to the guidelines of the Public Procure Ration Commission, and the very logic of finance, since 0. 004 euros is not monetary value. The smallest currency unit (euro) is 0.01 (one) cents. So this offer had to be rated as no valid

Periscope has requested a legal interpretation by the Public Procuration Regulatory Commission - CRPP, related to that rather than “, what is the procedure that must be followed by the Accounting Authority in case the Economic Operator sets the “0.004” prize in an article/Location. Should the offer be accepted or rejected?

Such procedure is not regulated by the provisions of Law No. 04/L-042 for Public Procurement, nor with the secondary legislation issued by the CRPP under authorisations given to it, however, the KCPP has given a guide on how to proceed. This institution provides clarifications to economic operators and different parties, and it publishes the same.

“If the Economic Operator offers the “0.00” prize in one of the locations, the tender must be declined because in “the description of the prices” is required to set the value set to the specified value for each artkill/Location requested in the technical specifying”, it wrote KRPP. So, the procurement Regulatory Commission has said that the operator should set the price for each article, while the bidding company has written a number in an article that is not monetary value.

Even if the offer was considered valid - at a certain monetary value - then sometimes less than a cent, the bidder had to be refused. That's because it's not normally low prices, which the law sanctions. Based on Article 87, paragraph 2, sub-paragraph 2.8 of Law No. 04/L-042 for Public Procurement, and the following secondary legislation says: Whenever the contractors are intended to link a subx0-constrate to units”, in accordance with Article 56.15 of Public Procure Guides and Guides, the contracting authority must carefully examine the price added to the entity and suspect that the tender has offered only in order to assess the bidding, while “the contract is related to prices for units”, so the contracting authority must carefully examine the prices for entity and in case the tender has provided that the tender has normally offered non-intensible or more available articles, we should act with the 61x3x3x3) and the non-regent procedures that follow:

4.2. If a tender (or a tender position) seems to be abnormally low, the contracting authority should ask in writing from the economic operator who has submitted the tender that seems to be abnormally low, a written statement which included a detailed decoupling of the relevant parts of the tender and which includes an explanation for the lower price by using the standard form approved by the CPP <x0SCBE standard for abnormally lower tenders<1x>

4.3. The Economic Operator will reply in writing to the Compacting Authorities. If not, the tender will be rejected.

4.4. As the Accounting Authority receives written explanation from the Economic Operator, the Accounting Authority should:

4.6.1. If the clarification is sufficient, I treat the tender the same as the other tenders; or 4.6.2. If the clarification is not enough, to refuse the tender and, in line with LPP's 61 article, inform you of the CRPP, using the standard form approved by the CRPP, <x0 account for the abnormally lower tender rejection of” within two days of the decision date.

Periscop has seen that the Infrastructural Ministry has not requested additional clarifications for this price, nor has the winning economic operator filled out any forms, since this has not been required.

The group of companies with leaders of the company “2A Group” has been rewarded for tear 2 KPS & NNT “ABC” KPS & “B CORP” KPS & “J UBICA” KPS. But the prices have set up “A2 Group”

Periscope has been requested by Servet Spahiu, Z. MMPH Secretary-General to talk to us about this tender procedure, but the same one has declined.

We've asked to get some clarification from the secretary, since together with the procurement official and deputy minister, Hysen Durmish has put the firm in contracts.

Periscop has also found a circle of connections that can connect the secretary with one of the winning companies.

Periscop reported yesterday that the tear offering 2 was illegal, with the contract awarded by 2A Group” KPS & NNT “ABC” KPS & “B CORP” KPS & “J U n BICA” KPS. This for the fact that, NNT company The ABC S.P.K, has submitted references to the non-existing company, which has expired a few months, respectively. The offer to document the extinct company is illegal and fraud to the contracting authority.

Owners of the extinct company were Arben Jetullah. Now in the new is his family. Mirsad Jetullah. Arben Jetullahu is co-owner of Bekim Piraeus at the company “S.P. K. Pireva has co-worker and ministry secretary, Servet Spahiu, A Company RSEKO SH.P.K.

On July 7th, Infrastructure Minister Lieburn Aliu was in the Assembly for the Internal Audition Report for the 16 million tender, where there are allegedly irregularities.

Aliu has stressed that they will co-operate with the prosecutor's investigation.

For the tender you're talking about, the irregularities we've received from the operators' complaints. The Anques have been based, and I have this report on my own, along with the deputy minister. There's a market that has irregularities and we take it very seriously and we invite the Prosecution. We're ready and we've prepared the material to be taken into this very matter”, he said. “We're very determined to go through with it. It's just this auditing report that's initiative and that process has stopped. He's been practicing that series of media attacks on me. But as for their attacks, we don't mind that. We have to deal with the Prosecution Investigation”, he added.

Just a few days after he made those statements, his deputy, who is talked about not communicating with him, has signed four contracts, since the tender has been divided into four parts.

Lot 1, has won the 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.

Two internal audits have been made for this tender. They have tallied irregularities during the process. One report has found that discriminating, or favourable, criteria have been placed in the tender file, while the other, except for identifying illegal criteria, has found that companies that have not met the criteria that the ministry itself has set.

Regarding this tender, Periscope made several reports. /Mentor Buzhala -Periskopi/