The company "Bemax" announced that the Commission for the Protection of Rights in Public Procurement Procedures rejected their appeal against the decision of the Ministry of Public Works for the adaptation of the old Government building in Podgorica as unfounded.
They said that "Bemaks" receives the commission's decision of November 27th with "deep concern and legal condemnation."
"This decision not only represents a legal precedent in the Montenegrin public procurement system, but also brings direct damage to the state budget, ignoring our offer, which was 147.000 euros more favorable than the selected offer of the Consortium," the statement reads.
"The Commission, adhering exclusively to excessive formalism, confirmed our disqualification due to the technical form in the subcontractor's statement, where instead of the exclusive 'performance of works' the wording was 'design and construction'. The rejection of our appeal due to this procedural phrase, at the moment when we offered the lowest price, confirms that the real goal of the procedure was the elimination of Bemax, and not the selection of the most economically advantageous bidder," the company claims.
They highlighted the "shocking part of the commission's explanation" which, as announced, states that: "The Commission for the Protection of Rights did not consider the other complaints of the complainants, because the complainant did not prove that there was no reason for his exclusion from the public procurement procedure..."
"Bemaks" says that such an interpretation of the law, which "completely ignores" economic profitability, sends a message to all business entities that in Montenegro, quality and the best price are not chosen, but "exclusively political and formal suitability."
They say that they will not give up on protecting their rights and that they will initiate proceedings before the Administrative Court.
"Our legal team, in the lawsuit, will use detailed guidelines and examples from practice that clearly prove that this level of formalism is unacceptable in developed legal systems and that it is directly contrary to the essence of the Public Procurement Law. Through further proceedings, we will argue that our case is identical to situations in which courts have annulled the decisions of contracting authorities when the formal error is insignificant in relation to the financial benefit offered by the bidder. We firmly believe that the Administrative Court will recognize and correct the illegality and financial harm of decisions that were made exclusively to the detriment of the state and in the interests of dubious tender games," the statement reads.
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