Pristina municipality has violated law in 16.5m euros tender with illegal criteria

The Pristina municipality has announced a tender for waste management for the next three years, worth 16.5m euros, divided into six tears. However, the criteria set out in the tender file and contract reporting show that some technical specifications limit competition, favouring a single operator or discriminating others. This has been listed by the Procuring Organisation (OSHP) panel in its final decision for this municipality tender, which has been under consideration for several weeks.

The panel has ordered the Pristina Community to improve the criteria and extend the deadline for bidding, under the Public Procuration Law (LPP). O Report The EP should be published shortly after the decision on O official page The EPS, but was released with a delay, says Democracy.com, broadcasts Periscope.

The OSHP panel, after reviewing complete evidence and analysis of the actual situation, based on the LPP and submitted paperwork, has found that the economic operator's complaint is based. Therefore, the panel has decided that the municipality will correct the tender criteria and extend the deadline for bidding in accordance with the law. The municipality must inform O The Saturday for actions taken within 10 days, in order to avoid disciplinary measures under the law for disrespecting O's decision The EV.

Initially, the municipality's violations were identified by the OSHP expert, however, its report was not binding on the panel. This panel has determined that the Pristina Community should improve the specifics in line with their experts' recommendations.

Experts have noted that in accordance with LPP, rule No. 0/01/2022 and Guide No. 001-23 for Public Procurement, the Compacting Authorities must define the evaluation criteria, guaranteeing transparency, non-discretion and equal treatment, as well as an appropriate level of competition. Minimum requirements for qualifications must be reasonable and sufficient in relation to the value of the contract and the proper use of public funds, including newly established OE that meet these standards. The AK should remember that unnecessary demands are not only difficult to meet, but also raise costs for OE, which are then transferred to the AK through the tender price. To ensure a fair and consistent process of legislation, the AK is recommended to correct the tender file to address disputes in line with Article 7 and Article 69.4.5 of the LPP and extend the bidding deadline under LPP Article 53.7. The examiner recommends that the complaint is considered based and recommended that the AK: Eliminating demands that unjustly reduce competition or favour specific OEs. Include other contractual security mechanisms as financial guarantees and verifications after the winner's selection. To ensure that any specific criteria in the tender are proportional and necessary for meeting the contract.

You can find Democracy reports below. com and finding the expert with all points of violation.