7 hours agoBridge tender in Mitrovica: All companies were eliminated with nearly the same reasoning, the contract ends with the company associated with the deputy minister's circle.
Periskopi(a year ago)
(a year ago)The Special Prosecutor has launched an investigation concerning 2,000 negotiating contracts, and in addition to building bridges in Mitrovica. In a communiqué on public opinion, the prosecution has made it clear that it is not competent to assess or adopt infrastructure projects, but its main role is to act in accordance with the law, by [...]
The Special Prosecutor has launched an investigation concerning 2,000 negotiating contracts, and in addition to building bridges in Mitrovica. In a communiqué on public opinion, the prosecution has made it clear that it is not competent to assess or adopt infrastructure projects, but its main role is to act in accordance with the law, investigating any allegations of misuse of public funds, Democracy.com writes.
The Ministry of Environment, Spatial Planning and Infrastructure has eliminated all companies participating in a tender for bridge construction in Mitrovica, using a standard standard argument for each company, with very little difference, suggesting a deliberate tender plot, follows. Periscope.
The procedure has been developed through negotiations without publication of contract reporting, an extraordinary form that is allowed only in case of emergency. But in this case, there is no fact that justifies the emergency to build these bridges.
Reasoning of elimination: same for all companies
In the documents that Democracy has secured.com, the same reasons appear, almost piece-by-pass, for the eliminated economic operators. In most cases, the reasoning is:
You haven't met your security requirements
You haven't met the tender validity requirements;
You have not submitted the sufficient number of required copies;
You haven't submitted the statement identifying the subpossors.
They have offered no evidence of similar contracts;
No documents have been submitted for construction engineers;
The dynamic work plan exceeds contract deadlines;
The equipment list doesn't meet the tender file requirements;
Declarations are missing for subpossors;
Arithmetic mistakes have been made;
The forms have not been met correctly.
The main suspicion raised by the fact that all companies have been eliminated with almost identical reasoning is that the evaluation procedure has not been real, but formal, and is used only to legitimise a predetermined decision to announce a certain winner.
The Ministry of Infrastructure has invited five companies to submit their closed bids in the tender with free negotiation procedures for construction of pedestrian and vehicle overpasses in Mitrovica. The companies that have accepted the invitation are:
- Education Company S.P.K. from Ferizaj ʹ with a bid of 2,890,106.27 euros;
- EXOOS Holding SH.P.K. from Caglavica ) with a bid of 2,99,628.18 euros;
- Family CO HCHA. from Suhareka ʹ with a bid of 3,203,223.63 euros;
- Lake Trade S.P.K. from Decani ʹ with a bid of 3,311,341,61 euros;
- VIA SH.P.K. from Lipjani with a bid of 3,420,764.45 euros.
Winner announced E UROKOS Holding, although offers from one of the eliminated companies have been apparently lower. All eliminated companies have been ruled out with reasoning that, in large measure, over 90 percent are the same, which raises serious doubts about the purpose and justice of the procedure. This practice is unusual and excludes the basic principle of independent recognition for each operator. Even the company “Lica”, which in Kosovo wins numerous and large tenders, has been eliminated with the reasoning that the alleged “has not met the tender's safety requirements; it has failed to meet the demand of the tender's validity; it has not submitted the sufficient number of required”, and other similar ones. It is amazing that a company that earns such large contracts cannot meet these basic requirements, which are binding on any kind of tender. Then these identical demands, according to the ministry, have not met any of the companies, except the winning ones.
Law: When is negotiations allowed without publication?
The tender for bridge construction in Mitrovica, worth millions of euros, has been developed through negotiated procedure without publication, which is illegal, as it does not meet any of the reasons allowed in LPP Article 35.
In the actual case, there is none of the three reasons for Article 35's 2.1 points that would allow this procedure for a job contract.
- There is no extreme and unpredictable emergency that has been unable to apply regular procedures (point 2.1.i);
- There is no technical or artistic reason to justify selecting a single operator (point 2.1.i);
- And there is no legal reason for exclusive exclusion, as required at 2.1.i.
This means that using free negotiation for this contract has no legal basis, and therefore, has become a violation of the public procurement law.
Winner: Eurkos Holding, contact with Dumrish's friends
The tender, after the removal of all participants, has been given to Eurkos Holding Company.
This company has won several contracts from the Ministry of Infrastructure under Hysen Durmish's leadership, and has often been part of the consortium with companies linked to the family of Deputy Minister Hysen Durmishi's associate, such as the company “Bageri”.
Although only Eurkos Holding was announced in this winning tender, in photos published on social networks by Kosovo's own prime minister, there are workers in the T-shirt field, whose owner is a close friend to Mr. Durmish.
Doubts about the plot and misuse deepen even more by the fact that this project is taking place just prior to the October local elections. Under the contract, the deadline for completion of the work is 90 days from the departure day, which began a few days ago. This means that bridges will end right on the eve of the election campaign, on October 12th, raising serious doubts that the project has been put in service of the government's political campaign.
If an open and transparent procedure had been developed, as the law requires of this kind of contract, then the selection process would take months, beginning with the 40-day bidding period, then with the review and evaluation of the bids, and then with legal terms for complaints. But this road was deliberately bypassed so that the works could begin and end up within a favourable electoral calendar.
The following is the reason for the tender cancellation that's identical:
