Illegal criteria in the 18 million tender for Gjilan boulevard, the subject still untreated at OSHP

The two companies that have competed for the project to build Gjilan Boulevard, “Pro&Co Group” and “SEMAKS SH.P.K.” have been directed to the Procureing Organisation (OSHP) with claims that illegal criteria, which they say favour a certain operator, have been placed in the tender file.

Anxiety on O HOP has rejected the tender requirements where the criteria are required, according to complainers, illegal and discriminated against.

In their complaint to the OSHP operators have presented their argument why the criteria the Gjilan municipality has imposed on it are illegal and are suspected to be designed for another economic operator.

In the tender file, the first requirement has been placed that the operator or group of economic operators should provide evidence that contracts for the building projects of similar nature worth 15m euros have been completed, while 6m euros of them should be working on subpass construction projects.

This requirement according to operators who have complained to the OSHP should be corrected because for subpassing work, 6m euros is discriminatory. According to them, underpass jobs are similar to street work and construction works of various objects or parking lots.

So we demand that the subpass criterion be removed because things are similar to other jobs”, said the operator complaint on O The E.P.

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The municipality of Gjilan has demanded that the economic operator that wins the tender should also have certificates of sustainability and performance, which, according to complainers, these criteria are absurd and specifically favour a company.

“Request 5. OE must be certified with certificates such as following a) OE should offer the certificate of performance and integrity sustainability ( EN 40-5 2002-1608 - CPR-P033 waves) attaching the 68m product characteristics Certificate, 12.8m for conical lighting poles. The certificate must be in the name of the OE which either applies or has authorization for the certificate in question. b) OE should offer the certificate for contact with the IEC 60947-4 2009 standard and shut-down to the IEC 60947-3 2020<18x1> standard, says the number 5 criteria the municipality of Gjilan has set for the municipality.

While operators who have complained to the OSHP argue that these demands are discriminatory because these characteristics offer companies that are column producers, therefore producers are certified by these standards and there is no reason for the economic operator to be certified.

The important thing is that all the materials to be used will be provided according to the project requirements and approved by the project manager. On this basis we appreciate that these requirements must be removed as it is very favourable and at the same time restrictive for many economic operator”, the operators' complaint said.

Similarly, the municipality has decided on tender criteria and on equipment, which according to complainers, are unnecessary for performing the works. One of them is a special semi-tour with 2 pumps to unlock the sewer and empty the mine - pressure wells. 200 bars with a capacity of 500 liters.

According to complainers on O Monday, this device is unnecessary and discriminated against “because there's a parasis position for this device because this is where we're dealing with construction and not the maintenance of the” project.

“There is no presumption location for unlocking sewers, so this query is completely unnecessary in this procurement activity”, in complaint.

Two cranes have been requested as well. One for loading and unloading vehicles and the other for carrying and raising materials up to 40m.

But these two positions are being rejected by operators who have complained because there is nowhere work that will be performed at 40m altitudes in the square that will be built, and the loading and dismissal of vehicles can be done with other equipment.

The “for us is unclear in which country the materials will be raised up to 40m”, the complaint said.

Most of the requests that are placed in the tender file, according to the operators who have complained, are not found in the positions of the works that will be conducted in the workshop.

The municipality has asked for a fork and broom spoon, a broom spoon, a rowing jeep with 2 doors with a 424 system, a tractor with a wiper for 1.5 tons.

All these requests have been rejected by operators who have filed complaints, arguing that most of these devices that have been requested have no bearing on any position.

The complaint was made on April 4th, 2025, and no decision has been made by O The E.P.

The tender weighs 18m euros and O experts for this complaint The EMS have provided answers by giving them justice at several points of complaint.

In the process of reviewing complaints for the tender “The construction of the integrated Gjilan” city Boulevard project, the technical expert has found that some of the requirements of the Accounting Authority (AK) are unnecessary and restrictive for competition, assessing some economic operator (OE) complaints “as being based. SEMAKS SH.P.K.”

In the second claim, the OE has rejected the demand for the presentation of conformity and performance certificates for light poles, as well as electrical equipment according to certain international standards ( En 40-5 and IEC 60947).

According to the OE, the demand is discriminatory, as these certificates are offered only by equipment producers, while construction was required in the tender rather than the production of electrical materials. They have stressed that the equipment used in the project will be approved by the project manager and in line with technical specifications.

In conclusion, the expert recommended that the Municipal Framework Authority of Gjilani revis and correct the tender file, with the aim of eliminating any discriminated or restrictive element and ensuring a fair and transparent race.

The complaint has been submitted on April 4th 2025, but no review session has been held so far and no final decision has been made by O F./Periscope/