The Commission for the Control of the Public Procurement Procedure canceled the tender of the Directorate for Arrangement and Construction of Kotor for lighting maintenance, estimated value of 90.000 euros.
The directorate chose the offer of the Kotor company Elektro Čučković as the most favorable, while the offer of Electro Team was rejected as incorrect.
Electro Team appealed, and the commission ex officio established the non-compliance of the tender documentation with the Law on Public Procurement, which, as assessed, could lead to discrimination of interested parties or to restriction of competition.
"From the aforementioned provisions of the draft contract, it clearly follows that the contracting authority provided for a quality guarantee, and that when defining the technical characteristics or specifications of the procurement subject, he did not refer to the standard on the basis of which the quality of the public procurement subject can be assessed, so that the request that it is necessary to submit an attestation technical documentation and guarantee sheets of equipment manufacturers, without stating the mandatory standards in relation to which these requirements are evaluated, are not adequate evidence for determining the quality of the requested goods and works", the commission's decision states.
It was also established that the most favorable bidder is obliged to submit to the Directorate a guarantee for the good performance of the contract of five percent of the value, but no provision of the draft contract provides for the provision of a guarantee.
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