The Commission for the Protection of Rights in Public Procurement Procedures rejected the appeal of the companies "Decom Group" and "Louis Berger" as unfounded, which awarded the Podgorica-based company "Put Inženjering" the job of developing a conceptual design for the Nikšić-Žabljak-Pljevlja expressway, worth 192.390 euros.
This is a 96-kilometer-long route, namely the Nikšić-Šavnik, Šavnik-Žabljak, Žabljak-Pljevlja subsection, on which bridges and tunnels will be built.
"Monteput" announced the tender for this conceptual design on December 24 last year and lasted until January 27, while in mid-February the state-owned company selected the offer of "Put inženjeringa" as the most favorable. By the same decision, the offers of the companies "Decom group" and "Louis Berger" were excluded as incorrect, so these companies filed an appeal at the end of February.
"Decom" and "Louis Berger" claim, based on the documentation, that the tender rules were violated, that the facts were incorrectly and incompletely determined, and that "Monteput" unlawfully rejected their bid as incorrect. They state that "Monteput" did not request in the tender to specify which of its employees would develop the conceptual design for the bridges, and that they were not obliged to state this, and that it was requested to appoint one professional with an engineering license.
They also disputed that “Monteput” assessed “Put inženjeringa’s” offer as correct, given that their certificate of engineering experience did not include all the data or whether it was submitted for the entire route or just a part of it. Therefore, they requested that the Commission accept the appeal, annul the decision, and order “Monteput” to eliminate the irregularities.
"Monteput" stated in its response that they believe the complaint is completely unfounded because the project terms of reference state that it must be stated which of the two companies will work on the conceptual design of the bridge.
The Commission found that “Decom Group” and “Louis Berger” had unlawfully complained about the condition of appointing a person to prepare a conceptual design for the bridges, given that the companies could have complained about the tender conditions from the very beginning. They also point out that “Monteput” precisely determined that these companies did not draw up a joint action agreement in accordance with the project terms of reference, in the part relating to the preparation of a conceptual design for the bridges, so the offer was justifiably rejected. The Commission also found that the offer of “Put Inženjeringa” was evaluated correctly.
There is a 20-day period within which an administrative dispute can be initiated in the Administrative Court against this Commission decision.
The Commission for the Protection of Rights in Public Procurement Procedures has rejected as unfounded the appeal of the companies "Decom Group" and "Louis Berger" against the award of this contract to "Put Inženjering"
According to the project, the goal of this documentation is to thoroughly examine alternative solutions and define the optimal corridor for this expressway, while the deadline for its construction will be half a year from the date of signing the contract. The planned vehicle speed is 100 kilometers per hour, and it is stated that lower speeds are possible, depending on the terrain.
"The planned expressway crosses the Komarnica Canyon, so it is necessary to consider alternative solutions for a more favorable crossing of the canyon, both from the aspect of rational technical solutions and from the aspect of preserving the Nevidio Canyon. Special attention should be paid to crossing the Tara Canyon and the Durmitor National Park." This highway will provide a connection between Nikšić, Žabljak and Pljevlja with the Bar-Boljare highway and the Adriatic-Ionian highway, the documentation states.
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