Arberi

The company that won the tender for the boots at FSK is suspected to be on Turkey's blacklist

The Ministry of Security Forces of Kosovo has entrusted the supply of boots for its soldiers to a company whose credibility is suspected to be disputed in the country where it originates.

The tender of about 1.5 million euros for the supply of military boots for the needs of the KSF has been awarded to the consortium of companies "Runway ShPK" and 
"Genç Taahhut Gijim Tekstil".

Based on documents provided to KOHA, the Turkish partner of the winning consortium has been blacklisted in Turkey for about 2 months. This is also proven on the website of the Turkish institutions, in which it is emphasized that for this company there is a ban that entered into force in January of this year and will be valid until January 2025.

In point 3 of the document, it is written that the administration that took over the tender is from the Ministry of Internal Affairs and the General Directorate in the Department of Security Support.

The KSF tender was signed a few weeks ago. In the Ministry of Defense, they told TIME that they asked the consortium for the documents required by law for the procurement process, without specifying whether they have confirmation or not that the company is prohibited from participating in tenders.

"During the development of the procurement procedures, we as the CA act according to the LPP where, among other things, prior to the announcement of the CA's decision, they are always required. The documents that testify to the fulfillment of the eligibility requirements as follows: Certification from the Tax Administration, certification from the Basic Court, these requirements that are placed in the tender file, namely the eligibility of economic operators - eligibility requirements. We, as the CA, have acted according to the legislation in force and have also continuously respected the decisions of the Procurement Review Body", the answer states.

But in Article 65 of the Law on Public Procurement, inadmissible companies for participation in tenders are considered not only those that have been convicted in court, but also those sanctioned by administrative agencies.

"The economic operator does not have the right to participate in a procurement activity or participate in the execution of any public contract, if such economic operator, any of its employees, managers, managers or directors has been found by a competent court, administrative agency or organization for the implementation of professional conduct standards, that it has behaved in an unprofessional manner", it is stated in Article 65 of the Law on Public Procurement.

Nowhere in the current law does it say that the court or the sanctioning agency must be within Kosovo. The Procurement Law in Kosovo is drafted based on the old directive of the European Union for public procurement.

KOHA has sent questions both to the email of the Turkish company and to the email of the Kosovar company with which it is in a consortium, but neither of them has received an answer since several days.