6 minutes agoKEK linked 40 contracts to last year's negotiations worth over 70 million, audience finds shortcomings
Periskopi(2 years ago)
(2 years ago)The Kosovo Energy Corporation has signed 40 contracts with negotiated procedure without publishing the contract, during the past year alone, has found the National Audition Office. The total value of these contracts is over 70m euros, Express reports. In some of the prosecutor's activities, the ZKA has found shortcomings. One of the findings is [...]
The Kosovo Energy Corporation has signed 40 contracts with negotiated procedure without publishing the contract, during the past year alone, has found the National Audition Office. The total value of these contracts is over 70m euros, Express reports.
In some of the prosecutor's activities, the ZKA has found shortcomings. One of the findings is for the 56m-euro contract to modernise turbines at the Kosova B thermal power plant.
“Management, in 2023, had signed a total of 40 contracts worth a total of 70112, 969 euros using the negotiation procedure without publication of the contract announcement. Of them we have tested 12 procurement activities under this procedure and identified shortcomings... in the tender file “Modernisation of the B1 Turbines and B2” at Part C, Management had demanded that the economic operator offer the price per entity for each position in the parliament, while the offer submitted by the economic operator had not been met according to the tender file (priced) requirements, but had only been completed in total for components. Even the tax certificate delivered by the economic operator wasn't valid. The management had sent the economic operator the invitation for participation in the tender by December 09th 2022, the economic operator had submitted the tax certificate of October 05, 2022, while the contract was signed on February 24th 2023 worth 56, 522,000 euros. The management had not once asked for the tax check to reshape the state of the economic operator's tax obligations before signing the”, the report said.
Meanwhile, for nine other contracts worth about 2m euros, the audience says the reasons were not convincing and had nothing to do with extreme emergency situations, which the negotiation procedure is used for.
Rather, the reasons are said to be attributed to improper planning and neglect.
The nine cases, worth 1, 895, 203 euros, were signed contracts through the negotiation procedure due to emergency situations in which the company was already in. These contracts involved various services and supplies, such as the preservation and obtaining of company facilities, health insurance for company employees, transportation of company employees, mazure supplies, chloride acid supplies, legal consultations, services for physical and economic displacement for part of the villages of the Oblici municipality. The reasons offered by the company were not convincing and had nothing to do with extreme emergency situations that could not be predicted. For more, he is attributed to inadequate planning and neglect, as the Public Procureing Regulatory Commission had given the opinion, in three of these cases”, the report noted.
In the end, the ZKA has recommended to the Board of Directors to strengthen the process of planning procurement activities in order to completely avoid using negotiation procedures.
Otherwise, Article 35 The Public Procurement Law emphasizes that contracting authority could be used by negotiated procedures without the preliminary publication of the contract announcement whether for objective and mandatory technical or artistic reasons, due to the protection of intellectual or industrial property rights or exclusive rights and due to extreme emergencies caused by objectively verifiable events which have not been allowed to be predicted with reason by the contracting authority.
