The Municipality of Pristina has recommended a group of economic operators for a contract worth around 2 million euros, which the Procurement Review Body had declared irresponsible. Despite the fact that the PRB returned the tender “for the construction, regulation, installation and cleaning of rivers and sewers for flood protection” for re-evaluation, the Municipality of Pristina did not implement the findings of the review panel.
The Municipality of Pristina, twice in a row, recommended for a contract worth around 2 million euros the group of economic operators that the Procurement Review Body (PRB) had declared irresponsible.
Although last August the PRB returned the tender "for the construction, regulation, installation and cleaning of rivers and sewers for flood protection" for re-evaluation, the Municipality did not implement the findings of the review panel of the "Tenders Court".
On December 31, it recommended for the contract "DIGA Solutions LLC, ED – Construction SH.PK, and IMK – Kosovo Metal Industry", which bid 1 million 972 thousand 300 euros or almost half a million more expensive than the eliminated complaining operator.
The leading company is “Diga Solution”, which, based on ARBK data, was registered five months before the Municipality announced the tender. Its owner and authorized representative is Kaltrina Bajrami, who, according to publicly available information, practices the profession of journalist.
The PRB found that the operator recommended for the contract did not meet the criteria required in the tender dossier, including the form for forming the group of operators.
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The PRB finds violations for the second time in the 2-million tender of the Municipality of Pristina
"The recommended GOE, in addition to having submitted separate individual statements by 'Diga Solutions LLC' (leader), 'ED-Construction Sh.P.K' (member) and 'IMK Sh.P.K' (member), which: have not provided the standard form approved by the PPRC and is mandatory for all participants who express interest in forming the GOE... They do not contain the percentages of participation, do not determine the responsibilities of each member and according to Article 10.1 of the Instruction No. 001/2023 (as amended by 002/2024), the absence of this standard form is an administrative elimination condition. Therefore, the recommended GOE has not fulfilled the legal requirement for submitting the agreement for the establishment of the group, approved by the PPRC", states the decision of the PRB review panel.
This company, according to the PRB, did not submit evidence of authorization from the manufacturer of the products, which is a company in Serbia, nor of compliance with the standards required in the tender dossier.
"At the same time, the EO (economic operator vj) recommended for the contract also has other shortcomings that the CA (contracting authority vj) has taken for granted, on the contrary, the EO has a much higher price than the complaining EO. In the documentation of the recommended EO, no evidence or confirmation from the manufacturer itself (Environment Solutions AsP) is attached that confirms the status of "Solomon Consultants" as an official representative or authorized distributor for the products in question. This creates uncertainty regarding the full fulfillment of the DT's request, which requires that the authorization be issued by the manufacturer or by a distributor dedicated to the project; the recommended GOE has not provided full evidence for PP and PE materials, as requested," the decision states.
And "Diga Solution" did not comment on the details of the tendering process, but said that the case is under appeal.
"We emphasize that the participating economic operators, the composition of the group, technical documentation, certificates, authorizations and specifications have been submitted and reviewed within the procurement procedure, in accordance with the tender dossier and applicable legislation," the company's response states.
Based on ARBK data, the owner of “ED – Construction SH.PK”, as part of the consortium, is Edin Berisha, who, according to publicly available information, was arrested last year for drug-related criminal offenses. ARBK does not list any email or contact number for the business. He is also listed as the owner of several other companies, to whose email addresses KOHA sent questions regarding the tender but received no response.
No answers were provided by "IMK - Kosovo Metal Industry LLC", owned by Emin Pacolli, who is Behxhet Pacolli's brother, and his nephew, Agon Pacolli, as managing director.
The Municipality of Pristina did not respond as to why the first decision of the PRB was not respected.
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This procurement activity was appealed again on January 16 by the company "Eing Com", which, in a group of operators, had bid at a price almost half a million euros lower and, based on its claims, the case was returned for re-evaluation.