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By:
Sanie Yusufi
- August 20, 2025 19:14
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The announcement of the winner of the tender for the second phase of the Llapushnik-Berishë road has been accompanied by suspicions of elimination of competition by the Municipality of Drenas and also of discriminatory criteria. The owner of a company that complained to the PRB confirmed that he withdrew the complaint after municipal officials went to his office.
Suspicions of interference by municipal officials in the tender and discriminatory criteria have been raised a day after the Municipality of Drenas published the contract award notice worth around half a million euros for the second phase of the Llapushnik-Berishë road project.
In the process of this procurement activity, the company “Korabi” from Drenas complained about discriminatory criteria to the Procurement Review Body (PRB), known as the “tender court”. Two review experts found it right on all eight claims it listed. However, despite this, the company withdrew the complaint.
Avdullah Morina, who is the owner of the company "Korabi", said that the complaint was withdrawn at the request of municipal officials.
"They have an agreement because of the project that they want quick procedures, so that the project doesn't fail," said Morina.
And, when asked in agreement with whom, he replied: "In agreement with the Municipality, so as not to present too many obstacles to them, do you mean? Because it is a project that is delayed."
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Morina did not say which of the municipal officials asked him to withdraw the complaint from the "tenders court", but said that they went to his office.
"They were in my office. I wasn't there those days, and I don't know who they spoke to. They (the employees of the company) just informed me. They told me they were here. They told me: They are looking for this and that. I said: Okay, don't hinder the project," Morina emphasized.
The action is contrary to the Public Procurement Law, which in Article 7 prohibits contracting authorities from taking actions to eliminate competition.
The Municipality of Drenas did not deny interference in this tender, but said they have no information.
"We have not had information about the requests of the municipal officials mentioned. However, if there have been such developments, the relevant instances will deal with the investigations. We will respect any procedure and legal request that may arise from this process," the Municipality's response states.
However, the company that complained to the PRB had listed 8 claims about discriminatory and unclear criteria set by the Municipality of Drenas in this tender.
Among the Municipality's requirements for the company that would be declared the winner is "2.7-5 ton trunnion cylinder for excavator", which the company had determined did not exist.
The technical expert of the "tender court", after analyzing the request, assessed that it is unclear and it is not known what kind of machinery it is, and as such the requested technical specification is discriminatory and makes it impossible for economic operators to prepare the evidence as requested in the tender dossier.
The technical expert also assessed the request for "20-30 ton hydraulic jacks" as discriminatory.
The municipality had requested 3 dump trucks in the tender dossier, for which the PRB technical expert assessed that the request was unclear and not relevant to the nature of the work.
Among the criteria, the Municipality has also listed this: "At least a Master of Arts in Emergency Management, certified by an accredited company as an ISO 900 management AUDITOR."
According to the technical expert of the "tender court", the request is unnecessary and not relevant to the phase of the works being carried out within the framework of the tender.
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Despite these findings, the PRB on July 31 approved the company's request to withdraw the complaint.
And in the PRB's announcement on the withdrawal of the complaint, it was announced that the "Korabi" company will also be reimbursed the amount of the complaint fee stipulated in the PRB's regulation for reviewing the complaint, which is 5 thousand euros.
As a result, even though discriminatory criteria were found, with the blessing of the PRB, local authorities continued with the procurement process.
"The procurement procedure was carried out in accordance with the Public Procurement Law and all deadlines set for this procedure were respected. Every step of the process was followed with rigor and transparency," the Municipality's response states.
The first phase of the Llapushnik-Berisha road project has been completed.
Based on the technical acceptance report of the project, among the works completed is a stabilizing layer of limestone with a thickness of 0-63 millimeters.
But, even in the new tender, the position that foresees a stabilizing layer with stones of the same dimensions has been included.
The municipality has justified this.
"The introduction of this position in the second phase does not imply a repetition of the work carried out, but is envisaged as a safety measure for cases where there is damage, the need to raise the route or technical inconsistencies, taking into account the mountainous terrain. This does not represent a doubling of the payment, but only coverage of eventual cases," the response states.
The Municipality of Drenas has also justified the tender requirements for the use of 0-60 mm and 0-30 mm gravel, saying that it is necessary "for stabilizing the base and preparing for asphalting."
This process is very important for the safety and durability of the road, due to the terrain where this investment is being developed. It is worth noting that this is an extremely difficult area, with pronounced slopes. During the rainfall, there was erosion of the gravel, which must be corrected with 0-60 mm material and then with the 0-30 mm layer, as a final stage before asphalting, "the response states.
The technical acceptance report for the first phase of the works, which KOHA has, states that the works were carried out in accordance with the preliminary measurements and preliminary calculations. This document states that the company that carried out the works is obliged to eliminate the defects in the next 2 years from the date of technical acceptance, up to the value of 10 percent of the basic contract.
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On Tuesday, the Municipality, through the e-procurement platform, announced the award of the tender to the group of economic operators "Delta-CCD" and "Valdrini".
KOHA has contacted representatives of these companies, but they have denied the allegations that the Municipality has set discriminatory criteria and has given them favors in this procurement process.
