INPO uncovers fraud scheme at a tender in the Podujevo municipality, invites Prosecutor for Investigation

Within systematic monitoring of public procurement, INPO is monitoring the procurement activity, titled “Asphalting several roads in the villages of Orllan-Bran-Bruccica-Hourrica-Baraine”, with a number of procurement 615-62-4693-5-2-1 and projected worth 120,000 euros, led by the Podujevo Community.

A total of five economic operators have been offered for this procurement activity. According to the tender opening chip Group of Economic Operators “Quality Aspholt & World Medium”, worth the bid of 101,730.96 euros, was the freest offer. Meanwhile, the winner of the contract has been declared “Rahovica Comece”, worth the 106,478.30-euro bid, respectively, about 5 thousand euros more expensive than the cheaper bid.

The INPO findings show that the tender assessment commission had ascertained that this OE Group “Quality Asphoalt & Canld Medium” was irresponsible since it failed to meet the tender file requirement for technical and professional capacity, respectively, it does not meet the request for “a graduate project manager or master of the construction “that, according to this commission, the manager appointed for this activity is also employed at a different time company with <x>

INPO has asked for access to the two respective bidders' bids, and after their analysis, estimates that the commission's decision has been completely unbased in law and harmful to the municipality institution. INPO found that the OE Group “Quality Aspholt & Ward Medium” with all the managers proposed in accordance with the tender file requirements, has linked proven paracontrats to non-alterial action. Therefore, the reasoning of the decision to eliminate the OE Group “Quality Aspholt & Warld Medium” is unfair and biased, therefore illegal. The Public Procurement and Procure Rules Law does not force the economic operator to have pre-employed staff or professional positions, but requires OE to provide sufficient evidence to contracting authority that all requirements for technical and professional capacity are met and provided in service under contract terms.

Consequently, this reasoning, according to INPO estimates, is aimed at manipulation with procurement procedures and favouring the specific OEs.

In turn, INPO found that the owner of the company “Quality Asphalt” who was the leader of the OE Group declared irresponsible for contract, and the owner of the company “Rahovica Comerca”, which has been rewarded by contract, are brothers. Consequently, INPO with reason doubts that this is a planned and co-ordinated scheme between the OEs and the Accounting Authority. This is also argued that against the ruling of the Contractive Authority, the OE Group “Quality Asphoalt & War Medium” had made no request for review or complaint in the Procuratory Organisation.

Therefore, INPO calls for the chairman of the Podujevo municipality to take immediate administrative and disciplinary measures within its legal responsibilities towards the Procuration Officer and commission members of the tender assessment committee, as well as to ensure that the Podujevo Community implements the law and procurement regulations and fights manipulation schemes that undermine free competition and equal treatment of OEs in procurement procedures.

INPO invites law enforcement agencies to take legal measures against misuse of official duty, misuse and fraud in public procurement argued in this response. /Periscopi/