The management of the Nikšić Željezara in the mandate of the current executive director Đorđija Manojlović bypassing tender procedures, i.e. contrary to the Law on Public Procurement, concluded numerous contracts on business-technical cooperation, provision of services, business consulting, purchase of vehicles, protection of persons and property...
We are talking about contracts with domestic and foreign suppliers, and some of the contracts are not owned by the public procurement service of the newly established state-owned company, but only issued invoices for payments, some of them unsigned.
"Vijesti" has access to the complete documentation regarding this case, which is being investigated by the Directorate for Inspection Affairs - Department of Inspection for Public Procurement on the order of the Board of Directors.
According to the documentation, the contracts were concluded from February 27 to September 18 of this year.
On Friday, "Vijesti" asked Manojlovic how many contracts were concluded outside of public procurement, what was contracted, why work was done outside the tender procedure and whether he will pay a fine if the inspection imposes one. He asked that the responses be sent through the public relations office and that he would respond today.
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Željezara was founded on February 23, and Manojlović managed it until October 10, when he was dismissed by the current Board of Directors, who appointed an acting executive director on December 1. Radojka Jeretin to invite the Directorate for Inspection Affairs to do the control.
Jeretin did it:
"As a responsible person of 'EPCG Željezara', and in accordance with the Law on Misdemeanors, Article 17, Paragraph 4, I ask you to conduct an audit of the company's operations. Pursuant to the decision of December 1, and as a result of observed irregularities in the work, which arose as a result of non-compliance with the provisions of the Law on Public Procurement, which refer to the period from the establishment on February 12 until today, we are reporting irregularities in the work. They refer to exceeding the limits for public procurement, the absence of contracts for procurement items for amounts above 23 euros, improper separation of procurements by item. In the event that some other irregularities in the work are recorded during the inspection, we note that there is no basis for hidden intentions on our part, but that we did not notice them before the inspection", she states in a letter sent to the Directorate for Inspection Affairs on December 4.000.
The inspection control was carried out at the end of last week, and "Vijesti" expects answers from the Administration to questions about the results of the inspection findings and the measures imposed.
Objections
In the records of the Finance Service, there are 21 contracts that did not pass the Law on Public Procurement. On that list are two contracts with the company "G-consulting" for the preparation of a Feasibility Study - solar power plant roofs and a feasibility study - conceptual solution for the operation of reinforcing elements, then two contracts with the company "Elkon" for the conceptual technical solutions of the solar power plants Željezara 1 and Željezara 2, with a "Domestic trade" for foodstuffs for workers' nutrition. A contract was concluded with Milan Rakočević from Kolašin for the purchase of a motor vehicle (working machine), with the company "Studio consulting" from Zagreb for business consulting services for production processes, with the company "Javorak" for the purchase of metal cutting machines, with the company "Mi RAI Inženjering" for the purchase of machines for metal cutting. Several contracts for physical and technical protection were arranged with the company "Vektor sistem", and with Elektropirivreda for the production and replacement of facade locksmithing.
"Overview of foreign suppliers for which the finance department does not have contracts - 'Gas teh' - total turnover of 12.130 euros for the installation of equipment on the CNG installation, 'MC elektronik d.c.e' total turnover of 8.012 euros for electronic goods, insulators and holders and flexible subtractor electricity and with 'Sparta armour' total turnover of 5.000 euros for a belt with cases", the documentation says.
The documentation also contains a tabular representation of companies with which, as stated by the public procurement services, they do not have contracts on business cooperation. There are 21 suppliers on that list, and the value of those purchases, including VAT, ranges from 5.566 to 56.701 euros. Among the suppliers are "Domaća trgovina", "Niksal", "Ramel", "MN-metal", "Okov", "G-consulting", "Frigo", "Vjenniko petrol", "Kastex", "18. July", lawyer Ivan Labudović, "Construction Engineering".
"Review of invoices that have been posted, but most of them have not been signed - 23 contracts worth from 142,733 with VAT to 8.000 euros with VAT. The contracts are with the companies Hemosan, Vektor sistem, Eurozoks, Formal, Hard net, Elektroprivreda, Interaktiv, Ramel, Albo mne, then Milan Rakočević...", the documentation states.
When Manojlović, the president of the Board of Directors of the Nikšić factory, was dismissed Maksim Vucinic officially told the journalists that the situation in the factory is very bad due to non-compliance with the business plan and that the management will make an overview of the situation in a short period of time and insist that the decisions of the Board be implemented and the situation stabilized.
"The situation in the factory is bad due to non-compliance with the business plan and some, shall I say, unnecessary delays that were made at the very beginning, when work started at the Ironworks. I'm thinking of registering for public procurement, project tasks, due to the delay of certain items, the results of which are imput for the next steps. As for investments, we had that chain delay", said Vučinić.
He recently resigned from his position on the Board of Directors due to, as he officially stated, threats and physical assault.
The current Board is in a so-called technical mandate until a new one is elected.
After his dismissal, Manojlović said that he was the only employee at Željezara until April 11, and after that they announced competitions, formed two departments and registered for public procurement immediately. He specified that the first public procurement started in May.
On the official state public procurement portal, the first announced public procurement was on May 26, for PCs with accompanying equipment.
The law provides for a prison sentence
Article 272c of the Law on Public Procurement specifies that whoever, in connection with public procurement, submits an offer based on false data or colludes with other bidders against the law or undertakes other illegal actions with the intention of influencing the decision-making of the public procurement authority, shall be punished with imprisonment from six months to five years.
"A penalty of six months to five years shall also be imposed on a person who violates the law or other lists on public procurement and thereby causes damage to public funds by exploiting his position or authority, exceeding the limit of his authority or failing to fulfill his duty, and thus causes damage to public funds," the law states.
If the public procurement is over 100.000 euros, the above-mentioned offenses are subject to a prison sentence of one to 10 years.
On the official state public procurement portal, the first announced public procurement of the Ironworks was on May 26 - for PCs with accompanying equipment
Four applications for the executive director competition
Four applications were received for the public competition for the executive director of Željezara, which ended last week.
This was officially announced to "Vijesta" from the factory in Nikšić.
"Interviewing of candidates is expected after the analysis of the fulfillment of the conditions stipulated in the competition. The public will be informed about the selection of candidates in a timely manner", the state-owned company said.
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