The Central Procure Authority requires the company “Botek” to be placed on the blacklist

The Central Procure Authority requires the company “Botek” to be placed on the blacklist

The Central Procurement Agency, which leads with the tender for the need for the Kosovo Statistics Agency (ASK), has requested from the Procuration Research Organisation that the economic operator “Botek” be placed on the blacklist. The contract, signed in August 2023, has to do with the AKS's tablet supply. Procureing Organization [...]

The contracting authority, so AQP claims that the company “Biotech”, as participants in the procurement activity titled: The Kosovo Statistics Agency has failed to meet the contract in line with specific terms and conditions.

The AQP's acceptance commission has confirmed the fact that “Botek” has sent the tablets to the AK, with the operational system Android 10, while the technical specifications required the Android 12.

In the month of October last year, the Central Procurement Agency has also linked electronic communications that it developed with representatives of “Botek”, through which AK-ASK has requested a pledge from the economic operator that this company will develop 12 for all equipment and in response to the AK's request, OE Bocek, has not offered the pledge under contracting authority.

As a result, The AQP claims that “Botek” has been deceived and once requires that public Procuration Law give rise to this economic operator.

O HOP announces “Botek” for Central Procurement Agency request

Following the request submitted by the Central Procurement Agency, the Tender Court has announced the company “Botek”, has, respectively, requested its facts and arguments regarding the request filed by the contracting authority.

Representatives of the company “Botek” have generally rejected AQP's demand, once demanded from O The timeout for taking measures to be rejected, mainly reasoning the supply with equipment in question that “n would be made according to technical specifics”, but conform a previous article in the contract, have demanded extension of the product's readmission deadline.

This request turns out that it was not approved by the AQP, dated November 5th, 2023, had accepted the decision to cut the contract.

This decision, by “Botek”, is considered a unilateral break.

In this company's explanation, it becomes known they gave him an excuse. AQP's, that the manufacturer is located with headquarters in South Korea, and that they have pledged that the update of the equipment will take place further away from 16,10,2023.

O HOP rejects AQP request for blacklisting “

After accepting responses/requires on both sides -- the contracting authority and economic authority -- the Tender Court has come up with a decision.

Rather, on February 28, of this year, O The EPS has rejected it as not based on the application of the Contract Authority for disqualified from public procurement participation OE Boxe in Pristina, in terms of procurement activity: Texting for the needs of the Kosovo Statistics Agency.

“Therefore the AK's request for qualification and inclusion of the OE on the blacklist, according to the facts and circumstances created in this case, is not included under the jurisdiction of the LPP”, the decision said.

The review panel is obliged to take action against economic operators only if the AK has provided evidence as outlined in paragraph 2, article 99 of this Law, under which it quoted:

“Based on a written request from the contracting authority regarding false data submission or a forged document from the economic operator, O The EPS is mandatory and has the authority to examine and disqualify the economic operator from participation in public procurement for a period of up to one (I) year-old“.

So this Tender Court panel has estimated that the AQP has not offered any evidence or evidence to submit false or forged documents on the part of OE “Botek” Sh.c. /Insander/

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