The Monitoring Group has performed indirect monitoring of the tender – “Industrial Recycling Center for Pre-Classified or Mixed Waste” which should have the processing capacity for pre-classified or mixed waste of 20,000 tons / year “1.
This tender was initiated by the Municipality of Mitrovica in the first part of 2018. Procurement procedures were concluded, while the contract was signed in September 2018 with the consortium “Alfa I & RECY technologies”, in the amount of 3,395,070 euros.
The Monitoring Group has found some legal violations, which, although seemingly small and procedural, have led to the restriction of competition for this tender and in the end to reward with a contract the only operator that has been in the competition.
The tender was initiated by the Municipality of Mitrovica on 14 May 2018, with the publication of the ‘contract notice’ on the electronic procurement website of the PPRC, and the submission of bids was scheduled to take place on 20 June 2018. Setting the deadline for submission of The tender was conducted in violation of Article 44, point 2.1.1 of the Procurement Law, which stipulates that for large contracts the deadline for submission of bids must be a minimum of 40 days from the date of publication of the contract notice.
The Municipality of Mitrovica in the meantime had corrected the errors, but did not extend the deadlines as required by the Procurement Law and thus prevented the operator “TEHNIX” doo – Croatia and “TEHNIX” doo – Macedonia from complaining. Furthermore, the omissions made by the Municipality of Mitrovica were not identified even by the Procurement Review Body that had this case under review.
One of the disputed issues in this tender is an error issued by the Municipality of Mitrovica in the “Contract Notice” in the English language version. The Municipality of Mitrovica has issued an error in the case of drafting and attaching in e-procurement to the part of the description of prices in English, in the Excel table are not calculated at all the customs costs in the amount of 8%, and this has made the operators who have applied based on the file in English to bid incorrectly, ie without calculating customs costs.
The group found that two more omissions were made by the Municipality of Mitrovica. The Municipality has accepted bids in Italian, contrary to the requirements of the Procurement Law to accept only bids in the official languages of Kosovo.
Despite the fact that the criterion for awarding the contract was set “The most economically advantageous price”, which does not take into account only the price, the group estimates that the sub-criteria were not measurable and relevant for this project.
