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Denunciation of DP/ Corrupt tenders in the Tirana Sports Center, the man from Veliaj chooses the highest offer

2023-10-14 11:17:00, Politikë CNA

Denunciation of DP/ Corrupt tenders in the Tirana Sports Center, the man from

Spokesperson for Anti-Corruption, Genta Vangjeli

The Democratic Party has denounced this Saturday the awarding of corrupt tenders to Fatjon Dhuli, the administrator of the Tirana Sports Center s.a., owned by the Municipality of Tirana.

Through the spokeswoman for Anti-Corruption, Genta Vangjeli, DP raised claims that the Sports Center has opened 3 procedures and the winner is the same for all of them.

Vangjeli stated that the Tirana Sports Center announced the winner of the least economically favorable offer, precisely the highest offer in all procedures.

She stated that Fatjon Dhuli spent 154 million lek more than the offers with the lowest price, and by not qualifying up to 12 other participating operators, in order to conclude contracts with clients or family members of persons with the status of deputy or former deputy of the SP.

According to her, Dhuli is a person close to the mayor Erion Veliaj who should be investigated for the tender awarding procedures.

Genta Vangjeli's denunciation:

From the official data of the Public Procurement Agency, it results that during the exercise year 2023, the Tirana Sports Center has published 3 procedures with the object:

Purchase of materials for pool maintenance' fund limit 12,833,138 ALL

Winner BOE company 'Pepa Group' sh.pk, with the company 'Active' sh.pk with the submitted offer with a total value of ALL 12,821,490 or 99.9% of the limit value.

Rehabilitation of premises at the "Dajti" complex, limit fund 37,458,327 ALL.

The same winner (BOE), the company 'Pepa Group' sh.pk, with the company 'Active' sh.pk, with the winning bid presented at the highest price compared to the other 12 bids that participated in this procurement, total value of ALL 33,735,497 or 90% of the limit fund.

For this procedure, the Contracting Authority headed by Fatjon Dhulin, in order to necessarily predetermine the desired and not deserving winner, has changed the DT, where in the respective appendix they have removed as a qualifying criterion the Declaration on the contracts concluded and/or in process which is completed by the Economic Operators with the justification of the recommendation of APP, dated 15.08.2023.

For this procedure, 12 other bidders participated with offers lower than the one announced as the winner, all of which were disqualified for not fulfilling the qualifying criteria in the DT.

The lowest offer was 25,902,566 ALL, i.e. with a difference of 78 million old ALL less than the offer presented by the winner of 33.7 million ALL.

Rehabilitation of the facilities at the complex "Sports Fields Swimming Pools" limit fund 28,023,943 lek

The same winner (BOE), the company 'Pepa Group Group' sh.pk, with the company 'Active' sh.pk, than the winning bid with a total value of 25,945,192 ALL or 92% of the limit value.

For this procedure, 10 other bidders participated, all with a bid at a lower price than the winning bid, all of whom were disqualified for not fulfilling the qualifying criteria in DT.

The lowest offer submitted was 18,279,122 ALL, i.e. with a difference of 76 million old ALL less than the offer presented by the winner of 25.9 million ALL.

The Tirana Sports Center announced the winner of the least economically favorable offer, namely the highest offer from the 11 offers submitted for one procurement and the 13 offers submitted for the other procurement, contrary to:

DT Winner selection criteria point 4.4 subsection 'B':

Law no. 162/2020 'On Labor Procurement', article 87 point 1, Contracting authorities or entities determine the award of public contracts based on the most economically advantageous offer.

Law no. 162/2020 'On Labor Procurement', article 102 point 1 For the awarding of contracts, which are the subject of this chapter, the contracting authorities or entities act in accordance with the principles of transparency and equal treatment of economic operators.

VKM no. 285, dated 19.05.2023 'On the adoption of public procurement rules', amended, Article 45/1, Criteria for announcing the winning bid, 1. The contracting authority/entity determines the award of public contracts based on the most economically viable bid. favorite.

VKM no. 42 dated 16.01.2008, amended, "On the adoption of the regulation on the criteria and procedures for granting professional licenses for the implementation, classification and discipline of legal entities, which exercise construction activities", chapter III point 1/following

b) Entities licensed in implementation cannot be qualified as winners for public works procured under the public procurement law if they are winners and/or have in the process at the same time as a contractor/subcontractor an investment under a related contract/or in process to be connected according to the law on public procurement with a joint or special value that exceeds the value of the category held by the subject according to the connection 4. Licensed entities have the right to participate/or be declared the winner in public procurements, within the same period up to the value of the license determined according to link 4. In the sense of this letter, the word 'period' means the duration of the investment carried out according to the law on public procurement from the moment of the announcement of the winner until the approval of the object/investment. The Public Procurement Agency and the contracting authorities, according to the law on public procurement, draw up standard tender documents and tender documents in accordance with this regulation and the guarantees specified here with the obligation that when it is verified that the subject is involved in investments that exceed the class of the licensed category according to link 4, the contract is declared absolutely invalid with the obligation to notify for the initiation of the license revocation procedure.

The holder of the Contracting Authority, Fatjon Dhuli, did not perform his duties in accordance with VKM no. 285, dated 17.05.2021, article 73, regarding compliance with legal provisions for financial management and control.

CA did not take into account Law no. No. 10 296, dated 08.07.2010, amended For financial management and control, article 2 for the most efficient, effective and economic use of public financial resources, respecting the principles of transparency and legality, as well as avoiding waste, misuse and theft of property, article 8 point 1,

Referring to Article 87 of Law no. 162/2020 'On Public Procurement', point 4 states that: 'The criteria for announcing the winning contract do not give the contracting authority or entity an unlimited freedom of choice. They guarantee the possibility of effective competition and are accompanied by specifications, which allow the information provided by the bidders to be verified to assess whether the bids meet the criteria for the award of the winning contract...'. Also, refer to VKM no. 285, dated 19.05.2021 'On the adoption of public procurement rules1', article 45 Criteria for announcing the winning bid, point 3 states that: 'For works/goods/services, which have simple specifications, well-known technical standards and are easily found in the market, the most economically advantageous offer is based on price as the only variable element between offers'. Participating EOs practically have nothing to compete with other than the price. The method followed by the CA in the evaluation of offers has not increased the efficiency and effectiveness of the procedures, does not manage to ensure good use of public funds and reduction of expenses, does not encourage the participation of economic operators, does not encourage competition between economic operators and as such creates conditions for inefficient use of public funds.

Does the winner fulfill the technical capacity for the simultaneous implementation of 3 parallel contracts concluded during the fiscal year 2023, with employees and machinery necessary for their implementation, while the DT drawn up by APP and mandatory to be implemented and unchangeable in appendix 8 point 'D' requires the signature by the bidder of the Declaration on Non-engagement of Technical Capacities in Other Contracts, by Each participant listed in a union of economic operators and Any untrue/incorrect self-declaration on the part of economic operators not only constitutes cause for disqualification from concrete procedure, but it is also a reason for their exclusion from the right to win public contracts for up to 3 years, according to the provisions of the law on public procurement…….

What prompted the CA to select the same winner for 3 different contracts in violation of the legal provisions....

The same winner Pepa Group shpk only for 2023 has concluded these parallel contracts:

contract dated 06.03.2023 with the Municipality of Tirana period 8 months object Reconstruction of the block bounded by the streets 'Ali Baushi-Arben Minga-Komgresi Manastirit-Ibrahim Brahja-Xhanfize Keko

the contract dated 20.03.2023 with the Municipality of Tirana, term 12 months, object Construction of the 'Ten' Center

contract dated 03-05-2023 with the Tirana Sports Center, term 6 months

The same winner Active shpk with owner Edmir Duraku (the son of the former MP Shyqyri Duraku and the brother of the MP Gerta Duraku) only for 2023 was declared the winner for these procedures in parallel time:

'Purchasing materials for swimming pool maintenance'

Rehabilitation of premises at the 'Dajti' complex. Winner announced 11.9.2023, deadline 6 months from the date of conclusion of the contract

Rehabilitation of the facilities at the complex 'Sports fields Swimming pools Winner announced 11.9.2023, deadline 6 months from the date of signing the contract

Fatjon Dhuli, the owner of the Tirana Sports Center, who for all 3 procurement procedures announced during 2023, signed the announcement of the same winner for these 3 different procurement procedures, with the highest offers, spending 154 million lek more than the price offers lower, and by not qualifying up to 12 other participating operators, in order to conclude contracts with clients or family members of persons with the status of Deputy or former deputy of the SP in the Assembly of RSH, is not an unknown name...

We remind you that the investigative show "Piranjat" has revealed the blatant and irrefutable case of Fatjon Dhuli a few days before the closing of the legal deadline of the May 14 elections, for the lease of 3 apartments in administrative unit no. 7 for 8 residents who are passporting in unit 7 but who have not lived in these apartments for a single day.

Fatjon Dhuli is justified that he has relatives, and has threatened journalists. This is evidence of the vote manipulation mechanism in Tirana.

The people of Erion Veliaj continue to be punished every day for arrogantly violating the law.

Spak to investigate…/ CNA