Ferizaj avoids transparency for company selection to spray animals

The procurement of this municipality has used the negotiated procedure without the publication of the contract being issued for “Resupplication of the land and its livestock (of sheep and goats)”. The projected value of the contract has been 50,000 euros, while “A.V. “Agron Halimi B. I.” has offered 49,810.00 euros and the same has been declared a winner. The municipality has not submitted bids to at least three economic operators, but negotiations have been conducted only with this company.

No emergency has been for municipal procurement to use this procurement procedure, while open procedure would have to be applied that would allow the application of many companies, which would affect prices as well as quality services.

It's about raping 5660 cows and calves, and 20,000 fine animals, sheep lambs.

The fact that the municipality has used the negotiated procedure, Periscope has learned that there is no kind of animal disease in this municipality.

Even if you look at the tender file for this project, which is in charge of e-procurement, you don't know if the company has met the minimum criteria for spraying cattle.

This is about the fact that municipal procurement as a requirement to mandatory technical capacities has required that the company send only a copy of the business certificate.

Even two years ago Ferizaj carried out such a contract, but with open procedure where the race was allowed, and there was a series of technical and professional requirements that must be met. Some of them were:

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.

Public Procure Law, Article 35 pages for negotiated procedures without the publication of the contract announcement.

This contract is about services, and in the negotiated service procedure, the periscope has not found a point where the municipality could justify its decision.

What the law says:

Article 35's first point says the contracting authority can use negotiated procedures without the publication of the contract's announcement to exercise procurement activity only after it is in line with this article.

Point 2 of this article has determined that the contracting authority can use negotiated procedures without the preliminary publication of the contract's announcement to exercise procurement activities aimed at providing: 2.1. Whatever public contract:

(i) If, for objective and mandatory technical or artistic reasons, the contract should be given to a certain economic operator;

(i) if, because of the protection of intellectual or industrial property rights or exclusive rights, the contract can only be given to a certain economic operator;

(i) If, as much as is necessary because of extreme emergencies caused by objectively verifiable events that have not been able to predict with reason by the respective contracting authority, such contracting authority cannot give the required time for the exercise of any other procedure that is presented in this law. As long as this provision cannot be exploited if circumstances that have created the extreme emergency may be attributed to negligent or deliberate actions or concessions of contracting authority.

2.3. a service contract: (i) followed by a design competition exercised through open or restricted procedures and required, under the rules in force, to provide successful candidates. (i) that will give you a contracting authority that under a legislative or normative regulatory act enjoys an exclusive right to provide such service.

2.4. a service or job contract:

(i) for the application or execution of additional services or jobs that were not included either in the initial conception of a previously provided work project or presented in the previously completed respective work contract, but which, through unforeseen circumstances, have become necessary for performing services or jobs described in the project or contract. As long as this article 35.2.4 (i) can only be used if (a) the contract covering services or additional jobs is to give to the economic operator that is executing services or initial jobs and (b) services or other tasks, technically or economically, cannot be separated from the main contract without causing damage to the contractors or (c) when such jobs or services, although separated from the execution of the original contract, are strictly necessary for completion.

Furthermore, provided this article 35.2.4] can only be used to cover one or more contracts for additional services or work that alone or together have a value that is no greater than ten percent (10%) of the original contract value. (i) for jobs or new services that are part of the repetition of jobs or similar services and entrusted to the economic operator, to whom the same contracting authority gave the initial contract, provided such jobs are in line with a basic draft for which the original contract was provided under open or limited procedure. As soon as the first project has been submitted for tender, the possible use of this procedure will be declared and the total presumption of subsequent works or services should be considered by the contracting authorities, when they apply the rating rules of Chapter 4. Public authorities can use this procedure only over a period of two years after the initial contract is completed. The condition that, however, Article 35.2.4 (i) can only be used to cover one or more contracts for new services that, alone or together, have a value that is no greater than ten percent (10%) of the previous value of service contract.

3. Execution of a negotiated procedure without publishing contract reporting in any way frees contracting authority from its obligation (i) to play an active wheel in determining the terms of the contract, especially how much it concerns prices, accession terms, quantity, technical characteristics and guarantees, (ii) to ensure that the contracting price is no higher than the market price, and (ii) carefully assess the quality of the product, service or work in question. /Periscopi/

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