The audience found legal violations in some of the tenders Periscopi has reported to Lieburn Ali's ministry

The National Auditing Office has published The annual report by the Ministry of Environment Planning Space and Infrastructure for 2022. ZAP has taken on little or nothing with the ministry's share which the minister, Lieburn Aliu, environment and Spatial Planning manages. More has been done with the part that manages, deputy minister, Hysen Dumrish, the infrastructure one. Even here, not the biggest contracts that have been linked in the past year have been targeted, but those that have been audited have resulted in finding criminal nature. After the terms of the contract were violated.

Change of contractual conditions after contract is expired

Article 61.20 of “Rules and Operations Guide for Public Procurement” - S. UOPP, stresses that the project manager's functions are: Bringing out variations or orders for change if required, in line with terms and terms of contract, as well as Article 61.25 determines that changing the contract for additional amounts of the same items will use the same or lowest prices per entity as in the initial contract. For positions which there are no awards in the initial institution contract, I must implement LPP Article 35.3.

The contract for “Summer and Winter Preservation 2021-2022 of National and Regional Roads ♫ Region Mitrovica LOT 2”, worth 574,015 euros (aneks worth 54,634 euros) has expired on the 1507.2022.

After the contract expired with the date 16.08.2022, the ministry with the same operator has approved an Order-variation by changing terms and terms of the contract. This change has to do with extending the contract's deadline for 30 days, as well as replacing the 34 untapped positions under the initial contract worth 97,972m with nine new positions that have nothing to do with the same service but have to do with expanding the way for a broadcast tape. For these positions there were no prices defined in the initial” contract, the thuhs in the ZKA report.

According to the audience, in this case the ministry has acted incompatible with LPP Article 35.3 by failing to apply the appropriate procedure for performing the job. The value realised for road expansion was 96,409 euros.

“Realisation and acceptance of jobs without proper contract change procedure may cause higher costs than the market's proper price and poor job quality. The minister must ensure that any expenses are based on the relevant contract, as well as ensure that proper procurement procedures are conducted”, the audit report says.

Payoffs for entity-priced contracts

Article 56.15 of RUOPP determines that whenever the Accounting Authority does not know the indicative amounts, price contracts per entity, AK should determine the weight based on each “categor service authority” or any “artek” so that the AK can determine what is the lowest price offer. In these cases, the threshold or ceiling plus/minute thirty percent is not valid.

In two cases, the audience has identified that the ministry has used public framework contracts at prices per entity, and despite the rules it applied the threshold or ceiling plus/minute 30 per cent (30%). This has resulted in exceeded the value of these contracts for 1,369,651 (in common value).

Subtitles: Department: Konjuh '% Doganaj, L-32.82km” was signed with 11.03.2019 at the price of a 200m unit. As a result of application of the threshold or ceiling plus/minute thirty percent of the contract for three years has been exceeded by $724,375.

In terms of overcoming the contract, Periscop reported a series of scriptures regarding this tender. In this case, the audience is not dealing with the most serious violations that have occurred in this contract, such as contracted quantities, but that have not been realised, and then the ministry has made technical admissions to the project in question (Look at the text)

In terms of legal breach, ZKA has also found violations in the contract for <x0) Department: Doganaj é Hani i Elezi, L-20.07km”, which was signed at 05.06.2019 at the price of an 81.24. As a result of applying the threshold or ceiling plus/minute 30 per cent of the contract for three years has been exceeded by 645,276 euros.

This has happened as a result of the failure to function properly in legal compatibility during the implementation of price contracts per entity. Disrespecting legal provisions according to the type of contracts affects spending and also brings difficulties in implementing other ministry projects. The minister must provide through responsible officials appropriate checks in respect to legal provisions, terms of payment made according to the type of contracts respectively, so that expenses cannot be created beyond their contractual planning”, the audience wrote in the report.

Changes in size without prior approval

Article 61.22 and 61.23 of the Orders and UOPP stress that where contracts for changing terms and initial conditions are changed, contract change will be prepared by the procurement department, and contract change will not be issued before the ZKA is approved.

But, the audience has found that for the “contract the A7 Highway construction. The 1st White-Veast Crossroad Guide Brasic Loti 1”, worth 18,468,427 euros, has changed the amounts realised in three contract positions worth 114,055 euros, increasing/reducing the contract's contract's total amount without raising the total price.

These changes were made without prior approval by the ZKA and without announcing the Road Infrastructure Department”. The audience's been tested. After all, this project, also known as the Gjilan Highway, is already being tried at the Constitutional Court in Pristina, under suspicion of various favouring contract links.

Periscop made some reports about this project, Who is on the verge of failure. One of the investigative writings has to do with that. Allegedly with forged receipts, 379 grand evaporated.

Step into project “Stinging the road to the entrance of the Highway from National N2 Street to Mazgit”

Article 8.4 of regulations. 02/2013 for OB non-financial wealth management defines that: Chief Decision Administrator Forms

The Commission for Accession of Non-financial Riches, which has responsibilities to make verify of the quantity, quality, type and value of non-financed financial property and documented with processes that comply with the contract or the purchase order. Furthermore, according to Article 8.7 of the contract “Obligations of contractor” is determined: The contractor will provide for the quality of work and for the quality of materials and professional quality for the implementation of contracted jobs.

The audience stressed that for the “project Sancing the road to the entrance of the highway from the National Road N2 to Mazzit” worth 269,996 euros under the contract of 18.02.2022, during the assessment of completed payments and physical examination, has been noted that even though about 83% of the payments for the project were carried out, the road had been damaged, respectively, the reconstruction asphalt cracks.

“According to information provided by the ministry and from the physical examination yet to confirm the final causes of this damage and improvements have not occurred. Do not sanction injuries by the ministry results at unreasonable costs by failing to meet the contract's goal, as well as risk further damage to the” road, the audience has written.

Delay in implementation of projects

The contracts signed between the ministry and economic operators set the deadline for implementation of the works.

In seven cases, the audience noticed that the work was not carried out according to the dynamic plan as planned by contract. The identified cases are:

The “Transit Construction contract on Malisheva ʹ lot 1, worth 959,026m, was signed with the date 14,06.2019. Under the contract the starting date for work was 04.07,2019, and the outcome for 180 working days. The value of jobs realised by the end of 2022, for more than three years, was 125,589, or 13% of the contracted value, respectively.

The contract “Resiliaration of the R-108 Regional Road, Section II”, worth 3,789,533, was signed by 09.07.2019. According to the starting date of work was 28,07,2019, and the outcome for 705 working days or about 25 months (anex, contract on 23.09.2021, worth 378,593m by 120 working days). The value of jobs realised by the end of 2022, for more than three years, was 2,771,478, or 66% of the contracted value, respectively.

“A7 Auto Construction contract. 1-The White-Team Crossroad Brisic Loti 1”, worth 18,468,427, was signed with the date 13,02,2018. According to Article 7 of the contract, the deadline for completion of the work is 30 months from the date of the contract signing. An annex contract was signed on this project by 14,06,2019, worth 1,843,392m with a 60-day job implementation deadline. The value of jobs realised by the end of 2022 was 13,413,652, or 73%.

The “Set up and installing light signals, auto Radar numerators, as well as self-aware radar equipment” worth 302,674m was signed by 08.08.2022. According to Article 6.4 of the contract, the starting date of work was 5 days after signing the contract and implementing the maximum jobs 90 days from the date of contract signing. The value of jobs realised by the end of the audit was 57,650, or 19%. The reasons for not realising over time were the delays in reading products from the manufacturer to the OE.

The contract “Construction of the Bridge on the National N9 Road, the Peja segment Red ~x1>, worth 390,254m, was signed by 14.04.2022. Under the contract, the completion deadline was 130 days of work from the date of signing the contract, according to the dynamic plan. The value of jobs realised by the end of 2022 was 61,585, or 16%.

“Set up road management department object The DMRR”, worth 155,277, was signed by 23.09.2022. Under the contract, the completion deadline was three months. The value of jobs realised by the end of 2022 was 65,228, or 42%. We have also had physical examinations for this project, and until 15,05,2023 renovations in the facility were not completed.

The contract “Asphalmation of the local route from the N25-20 (annex worth 297,248 by the date 03.12.2021), and the implementation of the work was signed by 15 months. The value of jobs realised by the end of 2022 was 954,039, or 29% of the contracted value.

The audience wrote that, the emphasis on projects is due to problems with expropriation of land, unappropriated distribution elaborate, mistakes in the executive project, projects during job implementation have resulted from not adjusting to the state of the ground, lack of budgetary means, inflation, etc.

This report has resulted in 20 recommendations, of which three are new recommendations, 14 repeated recommendations and three (3) partially repeated recommendations.

In terms of all findings, as well as the level of implementation of sound recommendations, the ZKA has given them MMPHI a “Opione qualified”.

This opinion is formulated when ill-declaration and/or incompatibility, whether one or one group, are equal or exceed the level of materiality for financial mirrors as a whole; or when misdecent and/or incompatible detected within a certain class of transactions is equal to or exceeds the level of the lowest material set for this transaction class. It is also designed if there are limits to the field of activity, which may not lead to malpractice-dealing material. /Periscopi/