Libun Aliu's ministry also proceedings illegally in the 32 million tender for construction of the Kijevo-Dolc road

Basic contributing factors that facilitate The corrupt trends and practices in public procurement can occur during various stages of the procurement process, from the initiative of activity, assessment of offers to management of the contract.

The tender with the lowest price and the most economically favourable tender are two different concepts in public procurement.

The more favourably favourable tender -- criteria that rarely apply to Kosovo -- has been defined as the criterion of making a 32 million contract, in which the Infrastructure Ministry in the selection of the economic operator claims for a cost-efficiency approach instead of just the price for a contract.

So, for this procurement activity, the ministry has decided to proceed with the Economic Tender Most preferable (TEMF). But the criteria he put in the tender file for evaluation are illegal.

Referenced to the tender file, the one corrected on April 13th 2023, the violation consists of 1st) 30.1 Giving Criteria Section II. Tent Datasheets (FTD), and 2) points 26 Opening the Tenders PJ ESA A: TENDERATION PROCEDDUES

So, referring to the tender drop of 26 says that:

“26.5 All tenders will open at a time, reading aloud: the name and address of the tenderers and the total tender price specified in the tender's delivery form and, whenever possible, prices per entity. When the prices per entity cannot be read for reasons not immediately, prices like this should in any case become apparent during public openings for all bidders, such as by making their post or by using any other proper method which guarantees transparency. In any case, each page of each financial tender will be signed during the public opening by another bidder's representative. In the event of procurement activity where the contract's reward criterion is the economically favourable tender anything that has to do with numbers should be Read as delivery time, guarantee period etc. All this should be recorded in the tender opening process, which must be signed by the Procuration Official and by all participants in the tender opening process. Copies of the script in question should be sent immediately to all tenders”.

According to this point, .m. Anything with numbers should be read. But the question is how the numbers of equipment, staff, references that the ministry has defined will be read. This can't be happening.

MMPHI does manipulation even with contracting criteria

To The TEMF sets the winning bid for a procurement procedure in two phases. During the selection phase, the contracting authority estimates the ability of economic operators to meet contract requirements. In the ransom phase, he examines offers in order to choose the best, that is, the best price, or the economically favourable tender. The current practice divides two phases into selection criteria and delivery criteria. The selection criteria concern the contractor and include aspects such as the economic and financial situation, as well as professional and technical knowledge.

Criterias such as the experience of tenderers, the workforce and equipment, or their ability to conduct the contract in the anticipated deadline are seen as selection criteria rather than giving criteria.

As Periscop found, the violation also consists of 1.1 Planning criteria Section II. Tent Datasheets (FTD).

This is about the fact that MMPHI, the criteria it has set in recognition of contract giving, are the criteria involving another selection process.

Periscope found that two out of four criteria for contract assessment, have to do with selection criteria and as such, did not have to decide for assessmentAfter the Ministry has set the record of contract giving.

What assessment criteria are contrary to the law?

 Request: “ It was in accordance with the law.

Request “Experience for similar tasks” Sets under Article 69 of the Public Procurement Law, it's a criterion of qualifications, and not criteria for contracting.

“Pajis and” mechanism ) is determined in the 69th article at the LPP.

Request for %s “The Dynamic Plan” It was okay.

Selective criteria They apply to determine which economic operators (the bidders or candidates) are qualified and potentially able to meet the contract. They answer the question: “Who can do the job?”

Giving Criteria They apply to determine which tender which meets specifications and requirements (from those qualified and potentially able to conduct the contract) offers the best solution.

So, as we mentioned even higher, the difference betweenSelective criteria) and Reward Critters It's very important.

Selective criteria focus on “ferator” and input criteria focus on “ference”. A clear distinction between the two criteria should be maintained throughout the procurement process.

Based on CRPP practices, when giving is done using the most favourable bidding rating system, the contracting authority should use various criteria related to the subject of the public contract in question, for example:

The quality price,

Technical credit,

Aesthetic and functional characteristics,

Environmental characteristics, social considerations the cost of functioning, cost efficiency,

After the sale and technical assistance,

delivery date and delivery period or end period

What's very disturbing is that the institution responsible that oversees the implementation of the LPP, the Public Procureing Regulatory Commission - KRPP has not intervened in this case.

It is inevitable that this institution has not noted this violation on the part of the Ministry, as the tender weighs over 32m euros, and the KCPP has a legal obligation in the event of discriminatory criteria being set to intervene with the Accounting Authority.

Periscope reported several days ago, a similar case involving construction of the Pristina route é Podujevo. KCPP has not yet decided to sanction the ministry for this violation/ M.B. - Periscope.

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38 million for Pristina road ? Podujevo: Libun Aliu ministry seeks to assess with illegal tender criteria