Illegal procurement of railway sleepers

The Committee for the Protection of Rights in Public Procurement Procedures annulled the tender of the Railway Infrastructure (ŽICG) for the procurement of railway sleepers after the company "Hemos Impregnacija" complained, whose offer was rejected as incorrect. This purchase was worth 181,818 thousand euros.

A total of three offers were received for this tender, of which the state-owned company chose the best offer from the company "Baranka Export-Import Pejanović", while the other two offers submitted by "Hemos Impregnacija" and RK-PH" were assessed as incorrect.

The lawyer of the company "Hemos Impregnacija" Mirjana Vučinić stated in the appeal that the decision of ŽICG was illegal and that the procedure was violated during the opening of bids because the minutes were not drawn up, but a part was delivered to the bidders electronically to sign, while the entire minutes were delivered a few days later. In the appeal, it was explained that this is contrary to the Law on Public Procurement.

After analyzing the submitted documentation, the commission concluded that ŽICG, during the clarification of the tender documentation, made one of the participants amend the documentation, which is not legally permissible, which is why this tender was canceled in its entirety.

ŽICG will have to compensate the company "Hemos Impregnacija" 484 euros for the costs of conducting this procedure, while Komsija will return to the appellant 1,818 thousand that "Hemos Impregnation" paid for the costs of conducting the procedure.