KEK violated the law in nearly 3 million tender for physical security, triggered emergency for linking two negotiated contracts

The public company that produces electricity also makes big tenders to secure and store its objects.

A tender of huge negotiated value is expected to be linked tomorrow between KEK and the insurance company “The guards of Honor” half a million euros. Why there are dozens of insurance companies in Kosovo, KEK conducted negotiations with only one company to argue that major emergencies have been caused, and that the open tender has been cancelled by the Procuration Research Organisation.

This is the second tender to be linked to negotiation within two months the same company for the same services.

How did it get me to step in?

Initially, on the 21st of November, the KCPP site has been called for contract recognition, with open procedures of high value for saving and securing KEK facilities.

The projected value of the contract for a year has been 2,691,148.98 euros.

The tender file was downloaded by several companies.

One considered that several illegal criteria were set there and made paradata, demanding that criteria be changed.

The complaint was rejected by the procurement office, and the company complained to the Public Procureing Organization. - OSCE.

This body authorized its expert to see the claims of the complaining company. The expert found violations, and recommended the O panel The timeline to approve the complaint, and the AK to make improvements in the tender file and extend the deadline for bidding.

The panel did not receive the lens in treatment for several weeks, since it was busy in the other tender. Since the high value tender was under suspension until it was handled by the OSHP panel, the KEK procurement office decided to implement an emergency tender with negotiated procedures for the security of the facilities.

In March 2023, the tender was awarded to the company “Honorary Chiefs” with validity for the March and April months at a value of 458, 699.4 euros with TVS.

Then, April 12th, O Panel The EPS has made a decision on the high value tender. The panel obliged KEK to cancel the “implementation for contract”. (Doc)

What a violation O found The EP?

A request of contracting authority has been that “in case you are given contract, before signing the contract, you need to deposit a security execution of 50 %s of contract value, over a 30-day period of validity after the completion of the” contract.

Such a request is considered unaffordable to the OE and unnecessary because according to the LPP it is entitled to the AK to have the security of execution to be 10% consistent legal provisions only in the case that any OE offer at an abnormally low price then it has the right to increase it to a different percentage of even this 50%, but it is known when this percentage (%) may be required and not generally.

“The AK has removed the competition as well is contrary to general/vecate terms of the contract. According to Article 63 of LPP paragraph 2 is equal, or at least 10% we're quoting Article 2. The contracting authority will ensure that the amount of any execution security required by the paragraph of this article:ė) is equal to at least ten percent of contract value and '%i', otherwise it is placed in single, which is in line with ordinary public practices and business practices that apply to the particular type and related contract subject as well as at the base of the LPP and at the base of the ER and UPP The DHPP must only be 10% as the tender file request”, has praised the OSHP panel.

On April 18th, KEK has cancelled the procurement activity as ordered by O The E.P.

Today, on May 1st, a new tender has been published on the E-Procure page, which has again been carried out in negotiated procedure without the publication of the contract announcement.

“The preservation and security of KEK objects for 2 months (May June)” is called the contract that has been awarded co-operation to the company “The Chiefs of Honor”, in a value of 466,344.02 euros.

Unlike the March tender, which was also for 2 months and was linked to the same company for the preservation of the same objects, this contract is more expensive for about 8 thousand euros.

Why the tender has been linked to negotiation, in the announcement published on the CPP today by KEK, there has been this reasoning:

“The KEK-22-11947-2-1-1 framework contract for open-air physical security services was announced by 18,11,2022, while the deadline for submitting bids was ahead to take place by 30.12.2022. But as a consequence of the calls for review before the opening of the bids KEK has accepted in a row (in 23.12.2022, with 05.01.23, with 11.01.2023, with 19,01.23, with 22.01.2023), the deadline for accession and opening of tenders has been extended. As a result, the deadline for bidding was set for 27.01,2023. Before the application deadline closes, from 2601.23, as a result of a complaint on O. The subject has been suspended, and as a result of the 1204,203 decision. Oh. We've been forced to cancel the procurement activity in question, since it's created an extremely emergency situation for services in question and we're obliged to do that in an extremely negotiated procedure without the publication of the contract reporting, under the Public Procurement Law, to ensure that services continue for a 2 months”.

The negotiated procedure without publishing the contract is the procedure which the Accounting Authority uses to negotiate contract terms directly with one or more economic Operator.

This is an extraordinary procedure and avoids fundamental principles of procurement, in particular transparency and competition.

Participants in the negotiated procedure without publishing the contract announcement should be selected among adequate economic operators, as well as should be invited to participate on the part of contracting authority, not aimed at discrimination against or in the best of any economic operator. KEK, meanwhile, has invited the company to negotiations only “The Chiefs of Honor”.

Most likely, in June, the corporation will also link a negotiated contract for the security of facilities, because the latter is only in two months, and the implementation of tenders in open tenders takes time. Adding to this is the fact that KEK has cancelled its announcement of an open procedure contract since the 18th till, and has made no new contract announcement.

Why did corporate workers feel betrayed by management?

Before 2004, KEK's facilities were provided by corporate workers, within which security existed. Now, those workers are transferred to insurance companies every time one of them wins the tender. As a result, dozens of corporate workers have been disappointed with the new tender opening management. Their hope has been to return as it was 18 years ago and stop borrowing in private companies.

Nexhat Murati, who has a permanent contract with KEK, is the chairman of the union association “Defence and Security”. A few days ago, he had claimed Periscope to be disappointed with KEK Chief.

These tenders we consider illegal, and we've had some protests. Protection and security have never been privatised, but it has been borrowed for years now. I've been at a meeting with KEK director Nagip Krasniqi, told me everything has become illegal for you since 2004. Then I told him, why did you announce a tender for this job again, when we have no separate contracts with KEK individually or collectively. So, that's how an old avasion of twirls, clumps, and so”, Murati said of Periscope.

Initially, there were a total of 350, but over the years there are only 80 who are loaned to private companies that win the tender. But more of the staff is needed to preserve KEK's facilities. If the corporation contracts again with a private security company, they have a request for their management and the Government of Kosovo.

We have made requests in KEK and Government to return service security, as it has been. Our next request is that, if you don't want to, then security workers will be transferred to products, and insurance will be done with private company employees. Because these are legitimate KEK workers and are continuing to be loaned to private firms illegally. We've made demands for a state security, as Trepca and many other public companies do. Why not even KEK as he did, since this service has not been privatised, but unfairly borrowed”, had been placed away with Murati.

Since 2004 so far there is about 50m euros that KEK has paid for insurance companies for the facilities.

The ruling party, the Vetevendosje Movement, in 2012, in a news release suggested that it supports KEK security workers because, according to them, the “Watch and Security” company are the ones that preserved this national asset in the most difficult times.

The division of the power company into many separate and independent entities from it, respectively, the process, which was called “corporisation”, according to Vetevendosje, was a way of getting away from obligations the company has towards its workers.

KEK had not yet been privatised, but KEK workers are already suffering the consequences of the privatisation that is expected to happen, according to this movement.

The losses caused by the corruption of political executives on KEK board have been billed and lucky to workers”, Vetevendosje's announcement said.

The division of units from KEK under this movement is made by the excuse that the entrepreneurship is growing in efficiency and that the popularity of corporations who want to buy this public enterprise is increasing, as the number of workers is shrinking.

The “neither has happened nor has the other. KEK has fired people from work, but deorganization in KEK has only increased, as has corruption. KEK has brought its corrupt management policy into this situation. His management is direct reflection of government policies. ”

The way KEK has been treated by government from 1999 to today shows the total lack of feeling for the public, for our joint.

Vetevendosje Movement! He said he fully supports the protests and demands of security workers.

“We oppose the practice of overcoming workers' rights and not protecting workers from no instance of power. Workers in Kosovo historically and currently are the reason and basis for our common wealth. This wealth that they have created we are obliged to protect all of us, thereby protecting our employees”.

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