The Administrative Court has rejected the appeal filed by the company “Bemaks” against the decision of the Commission for the Protection of Rights in Public Procurement Procedures, according to which they were excluded from the tender for the adaptation of the old Government building for the needs of the Special State Prosecutor’s Office (SDT) and the Special Police Department (SPO). Their request to postpone the decision on the exclusion from this job was rejected as irregular.
"Bemax" confirmed to "Vijesti" that they are aware of the Administrative Court's decision and announced that they will inform the public about further steps in a timely manner.
The Ministry of Public Works announced a tender for the renovation of this building at the end of August and lasted until the beginning of November, and the job ultimately went to a joint bid by the Nikšić-based companies “Ramel”, “LD gradnja”, “Stambeno” and Danilovgrad-based “Timing”. The contract with them, worth 2.333.325 euros, was signed on December 2, and it is planned that the contractor will carry out the work within three months and provide a guarantee for at least two years.
“Bemax” participated in the tender with subcontractors “Montinspekt”, “Bauriss” and “Termosistem”, but the Ministry excluded them due to an incorrectly completed declaration, while their offer was worth 2.155.963 euros. The private company appealed against this decision, so the case was decided by the Commission, which rejected it on 27 November last year. “Bemax” then appealed this decision to the Administrative Court.
"Taking into account the legal provisions and the state of the case files, the Court finds that the plaintiff's request for a postponement of the execution of the Commission's decision to annul the decision of 27 November 2025 is irregular. Since a postponement of the execution of a first-instance (executive administrative) act can be requested and since the request in question was submitted by an attorney-at-law, the plaintiff could not request a postponement of the execution of the second-instance decision, and since the request in question was submitted by the attorney-at-law of the plaintiff, the Court rejected it in accordance with the provision of Article 21, paragraph 3 of the Law on Administrative Disputes," the Administrative Court's decision states, which could be appealed to the Supreme Court until mid-January.
In the explanation of this decision, it is stated that "Bemax" requested the postponement of the execution of the Commission's decision because they believe that they were excluded from the tender even though they submitted the most financially advantageous offer and this leads to the loss of significant business. They pointed out that the loss of the contract causes them to damage their business reputation, lose their market position, potentially reduce the scope of work and engage human and technical capacities.
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They stated that postponing the execution would protect the public interest because in the event of the Commission's decision being overturned, the Ministry of Public Works would have to pay the contractors twice.
"Finally, he pointed out that the potential damage to the selected bidder from the postponement of execution cannot be considered irreparable, especially considering that the bid of the selected bidder contained "significant shortcomings", while in the event of non-postponement of the execution of the decision and the implementation of the contract with the selected bidder, the potential damage that would arise would be much greater, given that the latter would have already started the execution of the works, at the risk of the decision being annulled, which would put the selected bidder in a position to seek reimbursement of costs through the courts," the explanation states.
The Ministry of Public Works has also announced a €458.590 tender for the furnishing of the future premises of the SDT and SPO, or for the interior decoration of the old Government building, where these institutions will be located in the future. The tender began in mid-December last year and lasted until mid-January, so the selection of the contractor is currently awaited.
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