Even KCPP confirms that Lieburn Aliu's ministry has set illegal criteria even in the 32 million tender.

It has been several months since the opening of bids for the National Road Enlargement tender N9 Segment Kievo, Lot 1, 2, 3, 4” The ministry is unable to produce winners for the four contracts that will build this road. This is about the fact that the institution led by the minister, Lieburn Aliu and his deputy, Hysen Dumrish, has set illegal criteria for the tender's assessment.

The same case has happened in the tender, which is already under way, the one for expanding the Podujevo-Pristina road, which has been launched by the prosecution.

Periscopi has done an analysis of the tender file, on which the entire procurement procedure will be conducted. From the findings, it has resulted that the ministry's procurement has set qualifying criteria for contracting and will take steps that are contrary to the principles of the Public Procurement Law. The violation will enable contracts to be linked to the ministry's personal preferences.

The ministry has decided to proceed with the economically favourable Tennder (TEMF) and go directly with the assessment of contracting, but the criteria it has set in assessment for contract giving are criteria that have to do with another selection process.

The difference between the selection criteria and the giving criteria should be clear, as two types of criteria are used in different phases of assessment, which serve different purposes.

Although Periscop has reported on the establishment of these illegal criteria, an opinion that improves them has also issued the Public Procuration Regulatory Commission a few weeks ago. ) KRPP.

Periscop has been allowed access to this popular opinion. Although the same has been handed over to the ministry to make their improvement, the institution has not taken on the basis of that, not making the necessary changes in the tender's adoption, but has decided to go straight with the bid assessment.

Based on the actual situation, the KCPP opinion is much softer than the violation the ministry has committed, and mainly only deals with established sub-creators.

KCHAP Opinion Without Intervention

CRPP has monitored the procurement activity, titled “The expansion of the National Route N9 Kievo Department, Lot 1, 2, 3, 4” with procurement number 205 -23 -1843-5-1-1 worth of the 32m-euro contract, initiated by the Ministry of Infrastructure.

Recommand

1. In terms of, the criterion for the contract, AK has specified that the contract-giving criterion is the responsible Tender criteria Economically more favourable, but under the assessment criteria you've proposed the staff which is also a qualifying requirement.

The Accounting Authority is recommended to act according to Article 52.4 of LPP in the works, which specifys:

The contracting authority should ensure a clear distinction between the paragraphs 3 criteria in this article and the selection criteria for general professional, financial and technical skills established under Article 51 of this law and that there is no repeat of these two categories of criteria” and Article 27.10 of RERPP No.012022, which specifys that: “minimal criteria for qualifications (the selection criteria) are not used as criteria in the contract process. The reformers will be considered to have met the minimum requirements in terms of their capacity to perform the contract, which means that the criteria regarding preliminary experiences and the history of the company will not be seen as criteria in the process of contracting”

Based on this KCPP recommends contracting authority that versus the criteria act according to the article 273 at RERPP No. 012022, which specifys that: If the criteria are economically more favourable, the contract should be given to the tender, which best meets the relevant criteria. Besides the AK price you could include other relevant contract language criteria, such as:

1. Quality Characteristics
2. Operative costs, maintenance and other costs of longevity
3. Functional, technical, environmental, aesthetic, or 1è similar
4. Post-exit and technical assistance service.

Based on these recommendations, the procurement office on the contracting authority - MI (Infrastructural Ministry) - to correct these conform concessions of the KCPP recommendations and, in line with the higher quality of checks, in the shortest of time.

69. In this regard, the point is that in the case of setting up turnout/qualification requests to comply with Article 69.6.2 of the LPP, which specifys “The list with which all work projects and construction activities carried out in the past three years, followed by certificates for execution and/or satisfactory completion of projects...”

So time should be set for the past three years by the date of the contract release, so reconcile with paragraph 6.2, article 69, LPP.

Ministry bypassed KCPP opinion

So as we noted, “The Economic tender is the most favorite. ) - T The EMF, the criteria do not apply almost at all in Kosovo, is defined as the criterion of giving a 32-million-euro contract, in which the Ministry of Infrastructure in the selection of the economic operator claims a cost-fixing approach, instead of the only prize for the reward of a contract.

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, It's about 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: “ 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

Periscop has reported yet more days ago, a similar case involving construction of the Pristina road Pristina Podujevo, which has already begun investigations. The prosecution. /Mentor Buzhala -Periskopi/