Tenders of 330.000 euros were won by Morsko dobru

The Commission for the Control of the Public Procurement Procedure accepted the appeal of the company "Toškovići" DOO Podgorica and annulled the decision on awarding the contract to the Public Enterprise for the Management of the Maritime Assets of Montenegro for the development of the coast in the municipalities of Kotor and Budva, the construction of temporary facilities in Bar, at the location of Žukotrlica, and for lot I - landscaping of the part of the coast in Dobrota from the department store "Ela" to the Institute of Marine Biology.

"JP for the management of marine resources will, within eight days, re-examine, evaluate and evaluate the bids for lot I - the performance of works on the development of the part of the coast in Dobrota", the decision of the State Commission points out.

Previously, the contracting authority of the disputed procurement made a decision to award the contract for the development of a part of the coast in Dobrota, with a length of 145 meters, to the bidder Brent DOO Herceg Novi, for 204.923 euros.

The state commission determined, however, that the appeal was founded and that Brent's offer was incorrect, considering that this bidder "did not prove his business and professional ability".

Proving business-professional ability is an imperative obligation of all bidders in public procurement procedures, pursuant to Article 45 paragraph 1 point 2 of the Law. In this regard, Article 47 of the Law stipulates that bidders participating in the public procurement procedure are required to prove that they are registered for the professional performance of activities that are the subject of public procurement.

The certificate of registration from the Central Registry of the Commercial Court in Podgorica, issued on August 12, 2002, and the notice of extension of registration dated August 12, 2009, are incorrect, given that the dates of issuance of these documents are older than six months from the date of publication of the relevant public calls.

The state commission adopted the appeal of "Toškovići" and annulled in its entirety the decision on the awarding of the Morski Dobr contract for part II of the same tender, i.e. the reconstruction of part of the promenade, from the restaurant "Porto" to Savičić potok, in the part that refers to the correctness of the bids of the bidder Memidž from Rožaj, a consortium consisting of Erlang DOO Nikšić, Elko Tim DOO Podgorica, Foresta DOO Podgorica, Geo sistem DOO Podgorica and Primavera DOO Herceg Novi, and Flemer stone DOO Nikšić.

"The JP for the management of marine assets will, within eight days, re-examine, evaluate and evaluate the bids for lot II," the Commission's decision states.

The decision on awarding the contract in the contested tender for lot II was made in favor of the Memidge company, for 124.757 euros.

The commission determined that the appeal was founded, and that the bidders Memidge, Erlang and Flemer stone did not submit bids in accordance with the express request of the contracting authority from the public call.

On the repair work of the Directorate of Public Works of 308.000 euros

The state commission accepted the appeal of the consortium Erlang, Elko Team, Foresta, Geo sistem and Primavera, and annulled in its entirety the decision on the awarding of the contract by the Directorate of Public Works for landscaping around the facility of the Center for Asylum Seekers in Spuz.

"The Directorate of Public Works will, within eight days from the date of delivery of this decision, re-examine, evaluate and evaluate the bids," the decision states.

The decision on awarding the disputed contract was previously made on September 2 in favor of the consortium Neimar inženjering DOO Podgorica, Elektron DOO Podgorica, Telemont DOO Podgorica, MP Bedem DOO Podgorica, Montenegro projekt DOO Podgorica and Ekoplant DOO, for 308.030 euros. The commission determined that the appeal was founded, and that the offer of the first-ranked consortium was incorrect.