The Ministry of Sustainable Development and Tourism will have to repeat the tender for the selection of the company that would demolish illegal buildings, as it was canceled by the State Commission for the Control of the Public Procurement Procedure.
The estimated value of that work, as stated in the tender documentation, is half a million euros, and the chosen bidder was required, for the needs of the Ministry, to carry out administrative decisions on demolition for two years, demolish dilapidated, illegally started and built buildings, install opaque curtains on the facades and fences, with the application of the framework agreement.
On September 20 of this year, the ministry headed by Pavle Radulović chose the offer of the company "DM Company" from Nikšić as the most favorable one, while the offer of the appellant - the company "K - M Trust" from Nikšić, was evaluated as correct and ranked second.
The owner of "DM Company" is Miodrag Zorić, and the director is Danilo Zorić. The fellow citizen who complained is Ivan Šakotić, director and owner of the company "KM Trust".
The Public Procurement Commission canceled this tender ex officio, that is, without entering into the essence of the appeal.
"Without going into the appeal allegations of "KM Trust" from Nikšić, the State Commission found that the tender documentation for this tender did not comply with the provisions of the Law on Public Procurement, which led or could lead to discrimination of interested bidders and limitation of market competition", it was stated from Commission.
The Ministry, as the ordering party, did not foresee in the tender documents the obligation of the bidders to submit the license that refers to the authorization of the company to prepare the study on the removal of the object or its part, the preparation of which should precede the removal of the object.
In the decision of the State Commission, they note that the Ministry provided in the technical characteristics or specifications of the procurement item that the executor is obliged to prepare blasting studies before demolition, and that the tender documentation did not specify the bidder's obligation that the person working on the preparation of that study should provide proof that he has VII level of education and passed professional exam.
It was also established that the subject of the procurement was not defined in a clear and comprehensible way by the Ministry.
"The contracting authority in question did not define the subject by the quantity of requested works, but asked the bidders to state the unit prices of the requested works according to the foreseen items, which is why the bidder is not able to prepare an appropriate offer in terms of the offered price, because of the quantity of requested works per each foreseen the item depends on the amount of individual and total offered prices", the decision of the Commission states.
They return 5.000 euros to the complainant, he will receive another 900 for expenses
In the decision, the state commission stated that the money paid for conducting the appeal procedure, in the amount of 5.000 euros, will be returned to the appellant, the company "KM Trust" from Nikšić, within 15 days after the decision becomes final.
The appeal fee is one percent of the estimated procurement value and will be returned to the appellant if his appeal is accepted.
According to the same decision of the commission, the Ministry of Sustainable Development and Tourism must compensate the company from Nikšić for the costs of preparing the appeal in the amount of 900 euros.
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