P.SH 99/15
PROCUREMENT REVIEW PANEL, appointed by the President Pursuant to the
article 105 article 106 of the Law on Public Procurement in Kosova no. 04/L-042,
consisting of: Mr.Hysni Hoxha - President, Ekrem Salihu- referent, Tefik Sylejmanimember, deciding on the complaint lodged by the EO NTSH “RIKON” with residence in
Prishtina, regarding with the procurement activity “Making the service of copy
machines with printing capabilities, scanning and photocopying ", with procurement
no: 6120/15/004/221, initiated by the Contracting authority (CA) – Municipality of Fushë
Kosova, on the 15.04.2015, has issued this:
DECISION
ON THE REFUSAL OF THE COMPLAINT OF THE EO NTSH
“RIKON”PRISHTINA, WITH NO.99/15 OF THE 23.03.2015, AS UNGROUNDED
I. Refused, the complaint of the EO NTSH “RIKON” Prishtina, regarding with
the procurement procedure with title “Making the service of copy machines with
printing capabilities, scanning and photocopying ", with procurement no:
6120/15/004/221, initiated by the Contracting authority (CA) – Municipality of Fushë
Kosova, as ungrounded.
II. Approved the decision of the Contracting authority (CA) –Municipality of
Fushë Kosova, for the contract award, regarding with the procurement procedure with
title “Making the service of copy machines with printing capabilities, scanning and
photocopying ", with procurement no: 6120/15/004/221, as grounded.
III. Ordered, Contracting authority, at latest within 10 days, to implement the
decision of the PRB, conform article 105, paragraph 2, point 2.7, 2.8, 2.10, 2.11, 2.12, 2.13
and 2.14, and with the same to notify the PRB and the parties in the procedure.
IV. Since the complaining claims of the complaining economic operator NTSH
“RIKON” Prishtina, are ungrounded, conform article 118.3 of the LPP, it is confiscated
the insurance fee of the complaint in the amount of 500.00 € (five hundred euro).
REASONING
Economic Operator NTSH “RIKON”, with residence in Prishtina, as the
aggrieved party has lodged a complaint in PRB dated: 23.03.2015, No. 99/15, against the
notification for contract award, claiming that contracting authority has violated the
essential provisions of the LPP no.04/L-042, such as:
• Article 58 paragraph 3 and article 59 paragraph 3 of LPP (04/L-042)
Procurement Review Body after receiving the complaint, pursuant to article 113 of
LPP no. 04/L-042, has authorized the review expert to review the complaint regarding
this procurement activity and the validity of all claims of the complaining party NTSH
“RIKON” from Prishtina.
Review expert in his own report dated: 03.04.2015, explained that in the minutes
of the bid’s opening dated 04.03.2015, in position no. 5 of the bidders has been listed EO
“Info Copy”, but in the case of the tender dossier of the same EO in the capacity of
leader, possessed an agreement for the joint project “Making service of copy machines
with printing capabilities, scanning and photocopying”, with procurement no:
6120/15/004/221, dated 04.03.2015, with EO “Graf – Tek” shpk, signed and stamped by
the parties involved in the agreement, as well as Under oath statements one by one.
Also the review expert explained that CA “MA Fushë Kosova”, ie the evaluation
committee noticed and improved arithmetic errors at EO NT “Info Com”, shpk “SBC –
Computers”, “Astronik” and at the EO recommended for contract “Info Copy & “GrafTek”, and CA “MA of Fushë Kosova” on the 11.03.2015, informs economic operators
who have had arithmetic corrections, according to article 59, paragraph 3, while on the
12.03.2015, economic operator recommended for contract in the quality of the leader NT
“Info Copy”, accepts arithmetic changes of his bid of 1,980.00 €, to 2.464.00 €.
Contracting Authority, dated: 03.04.2015, by memo has notified the PRB, that
agrees entirely with the review expert's report dated 03.04.2015.
Complaining economic operator, dated: 14.04.2015, by memo has notified the
PRB, that does not agree with the review expert's report dated 03.04.2015.
During the hearing session of the main review dated: 15.04.2015, at which were
present members of the review panel, review expert, were reviewed case files by
checking and reviewing the documentation for the procurement procedure, which
consists of: authorization initiation of procurement activity, notification of contract,
record on the opening of bids, bid’s evaluation report, notification of contract award, the
complaint of the EO, the report of the review expert.
Following the review expert stated: “ In the minutes of opening of bids dated
04.03.2015, in position number 5, was listed EO “Info Copy”, but in the case of the tender
dossier the same EO in the quality of the leader possesses agreement with EO “Grafo
Tech” shpk, for the same procurement activity and statements under oath separately,
also CA, has observed and corected arithmetical errors at 4 EO, from a total of 6 EO
participants in this procurement activity, while dated 12.03.2015, EO recommended for
contract accepts the changes of his offer on the amount 1,980 € to 2,464 €, so I stand by
the report dated 03.04.2015”.
The review panel found that the complaining economic operator claims NTSH
“RIKON” are ungrounded, since the procurement procedure is conducted in conformity
with the provisions of LPP, also CA – “Municipality of Fushë Kosova“ evaluation,
examination, and comparing of bids has done in conformity with the criteria of the
tender dossier and the contract notice.
Therefore, the review panel, based on article 117 of LPP, and what was said
above, decided as in the provision of this decision.
Legal advice:
Aggrieved party can not appeal against this decision,
but it can file charges for damage compensation
within 30 days, after the receipt of this decision
with the lawsuit In the Basic Court In Prishtina
at the Department for Administrative Affairs.
President of the Review Panel
Mr. Hysni Hoxha
_____________________
Decision to be submitted to:
1. CA – “M.A –Fushë Kosova”
2. EO NTSH “RIKON” Prishtina,
3. Archive of the PRB