Fictitious competition for the tender over 300,000 euros/ KLSH catches Minister Margariti in violation, no criteria in the selection of companies

2023-10-30 10:37:00, Aktualitet CNA

Fictitious competition for the tender over 300,000 euros/ KLSH catches Minister

The High State Control, during an audit conducted on the procurement procedure "Art Park, revitalization and requalification of the territory of the former Kinostudio "New Albania", Tirana, Phase II", has caught the Ministry of Culture, directly responsible, in violation Elva Margariti.

In the SSC report, it is emphasized that in this tender, the qualifying criteria have not been argued and some of them are not proportionate to the implementation ability, nature and value of the contract.

"From the audit of the physical and electronic documentation for the procurement procedure with the object "Art Park, revitalization and requalification of the territory of the former Kinostudio "Shqipëria e Re", Tirana, Phase II", year 2022 with a limited fund of ALL 155,008,461 without VAT, it is concluded that in the tender developed on 21.06.2022 (cancelled) and on 15.08.2022, the qualifying criteria were not argued and some of them are not proportionate to the implementation ability, the nature and value of the contract", the report states.

Another violation, according to KLSH, is that during the tendering procedure, it was requested that the economic operator for the realization of the works must have a landscape architect and a forest engineer, which are not necessary, since to realize this project it is only implementation engineering required.

"The Qualifying Criteria were found to be in violation of VKM No. 425 dated 27.05.2020 "On the procedures for the selection of entities equipped with licenses for design, implementation, supervision and approval in cultural assets, for carrying out Investments with public funds in cultural assets" point 17. In point 3.5 of the DST, it is required that the Economic Operator for the implementation of the works must have 1 Landscape Architect and 1 Forestry Engineer. This requirement is not in accordance with the nature of the contract, since in the space where the project will be developed it is not necessary a landscape architect, because the project is carried out by the designer and should only be implemented by the tenderer through the implementation engineers at his disposal. Regarding the request for a forest engineer it is not necessary and in accordance with the nature of the procurement, because in the external premises of the Ministry of Culture there is no forest, but simply a green space. In point 3.7, it is required that the economic operator must present a valid license (License, Code III.7.A for "Expertise services and /or professional related to forests and/or pastures"), which is contrary to point 17 of VKM no. 425 dated 27.05.2020 because in the green space of the Ministry of Culture, there are neither forests nor pastures for this criterion to be necessary for the implementation of the procurement procedure. (Pages no. 9-26 of the Final Audit Report are dealt with in more detail)", it is stated in the KLSH report.

Meanwhile, another violation according to the HLSH, is that for the tender "Revitalization and improvement of the green area - Park of Art, Ministry of Culture" with the value of 356,049 Euros including VAT, the winning company announced by GL, has given an incorrect economic offer not setting the prices in all budget items.

"From the audit of the documentation made available to the operator announced inviting GL,
it is found: The economic offer is incorrect by not setting the prices in all the items of the estimate.
About 1/3 of the items of the estimate lack the corresponding price offer. The value in total of the prices
offered in 2/3, it turns out to be the value of the offer that was declared the winner. The offer resulted in
errors and incomplete prices but is not qualified by KVO, due to the contract
total price. From KVO are not asked for clarifications or arguments for this fact, which then led
to actions contrary to the contract during the execution of the works," he said.

The next violation according to the Civil Code is that the winning company, GL, has also requested an increase in the value of the contract without providing any arguments.

"The Ministry of Culture, to evaluate and analyze the additional contract in the amount of
51,480 Euros with VAT, which turns out to be unargued, where to determine the causes, reasons and
legal and financial responsibilities and to follow all the legal ways to collect the value from
the entrepreneur of works "GL" sh.pk", it is stated in the announcement of KLSH./ CNA