The Culture Ministry tried to prosecute illegal for construction of Opera and Ballet by favouring a company

The Ministry of Culture, which is dealing with the entire project, has made illegal steps in selecting a company to make the opinion project of the Opera, Periscopi has taught.

The ministry has opened a tender on October 28th 2022 for the idea project, but which has not yet been finalised.

The tender, which weighs 2.5m euros, is definitely called :“Development of technical documentation- detailed and detailed design of architecture and engineering for the construction of the Kosovo Opera and Ballet Theatre in Pristina, in the Republic of Kosovo”.

To link a contract for the job, the tender must be assessed in two phases, the assessment of technical documentation and then become the most favourable financial offer. A few days ago, the Ministry of Culture made the assessment of technical documents and made the rankings of three selective companies. One of them is obviously the most disconnected of the other two.

By August 11th, the ministry's procurement has made a statement on the decision of the Accounting Authority, in which it has published the results of the evaluation commission regarding it, there is tendering procedure. First place with most points has the code with Cody. 6842 Which took 71 points, second code. 0703 Which has scored 54.2, and the figure 2008 In third place, it has scored 51.4 points. But after the opening of the financial offer, this ranking could change.

With this decision rejected, the second and third-place figures -- namely, 0703 and 2008 -- considering that the Commission has committed violations during the assessment.

The ministry has considered their complaints and found that some of the complaints remain. Thus, it has decided to annul the decision and turn the process into re-evaluation again.

The complaint has been that the 6842 tender is not in line with the tender procedures, because the winner's name has been clearly marked in exhibit material 1.5 from the front page to the last. Furthermore, the document has been named “Grober Opera )WB-Boards”, so it is due that the delivery of the offer has not been done anonymously and that the assessment Commission has known exactly which company is being assessed by more points. In this case the offer has had to be eliminated from the start. But, despite that, the commission had initiated it at most points.

Responding to this complaint point, the Protection Authority has acknowledged that violations have been made, but has provided a scandalous explanation, saying two other bids have revealed the company's names.

“As far as the claim that the two economic operators who have filed reexamination requirements, which refer to the identifying elements found in the digital file of the 6842 operator, the Accounting Authority, after accepting the request for review, has found that there are some identifying elements that have all operators have been observed, respectively, in the three files. They're exactly elaborized as follows: The operator 6842, which is presented in these claims, the identification element has appeared as the logo on the operator's name in 3D drawing panels (1.5). Exhibitation Materials -6 Panels), just in the digital version; The operator 0703, the identification element appears in report 1. 4 Dejan Approach& Methodology Report, page 43, description of the project, part of the description of the microalgae system (7.6 Microalgae system), where it refers by name to a preliminary project... Given the great importance of the project, the Contract Authority has come to the conclusion that these findings can qualify as non-substantial deviations which did not contradict the daughter in the context of Article 59, LPP's 4 points to power”, said among other things in the ministry's explanation of the case.

Among other things, companies have complained that even the delivery of bids by the numeral of 6842 hasn't been filed in closed envelopes, since all of them have been open and the logo has been covered with a piece of paper where the code has been.

Article 80 of the Public Procure Law - The LPP, which is called “The composition and decision making of the Jury”, has clearly determined that revealing the identity of participants in the race is legal violations. The point of this article specifically says: “Jury will decide on the competition only on the criteria outlined in announcing the design competition. The identities of participants will not be revealed before members of the jury”.

It also runs counter to the rule of 01,2022 for public procurement, specifically with Article 55.14, 55.16, 55. 17 of this regulation.

Based on the complaint directed at the Ministry's procurement, it is seen that the second selected offer by the commission, by the figure of 0703, has had to be eliminated. This is because at technical bidding, this company has not respected the construction line. Basically, it's come up with drawings off the construction line even in private parcels.

The ministry has argued that the professional commission has not had documentation on the basis of the available, in which the limit of the available parcel is accurately seen. Still, he has approved this complaining point.

Currently, the process has turned to zero point of assessment, and these days the commission will come up with the final decision.

In terms of this tender, the ministry's procurement has used limited procedure, which is a two-phase procedure, with only those economic operators meeting the minimum requirements, in terms of technical and professional capacity and financial and economic capacities to conduct a project, invited to the tender.

So the procurement process will be conducted in two stages.

As Periscope has seen, the first stage has been passed by five companies and the same are invited for the second phase where they submitted the code offers and which are:

1” BIG Partners Ltd”. This company is the most headquarters in London.

“Sanhetta Oslo AS” This company is in the headquarters in Oslo, Norway.

“Consortium MVRDV”; “O.U.D. - ARCHITECTS” S.P.K. So this group of operators is made up of two companies, one Dutch from Kosovo owned by Bekim Ramku.

“Gerber Archaeology International GmbH” This company is from Dortmund, Germany.

Group of economic operators “Gren Door” S.P.K.; “Capman Taylor LLP”; “Progetto CMR SRL”. This group of economic operators is made up of three companies. First from Kosovo. The second international studio with open studios in several states and third “Progetto” with headquarters in Milan, Italy.

On August 3rd 2021, the Kosovo Assembly voted the Kosovo government's proposal for the establishment of Opera as a public service institution.

Speaking to Kosovo Assembly deputies, Prime Minister Albin Kurti had said the Kosovo Opera would be functional and ready for performance within 2022.

Prime Minister Kurti had said the staff would be recruited, which would initially be located at another facility until the construction of the Opera and Ballet Theatre.

According to Kurti, following the Parliament's decision, the Ministry of Culture will be obliged to draft documents for functionalisation of the opera, as well as the identification and commitment of professional frameworks to artistic troops.

The decision to build the Opera and Ballet Theatre was taken in 2006 and the location was scheduled near the Technical Faculty in Pristina, but this decision has since been rejected by some of the institutional leaders, as well as part of the artistic community.

Eventually, the Ministry of Culture had given up this location, saying the new location for building the Opera Theatre would be established in co-operation with the Pristina municipality. The divided location is the space behind the Youth and Sports Palace, which currently serves as a parking lot. /Periscopi/