KOMISIONI RREGULLATIV I PROKURIMIT PUBLIK
REGULATORNA KOMISIJA JAVNE NABAVKE
PUBLIC PROCUREMENT REGULATORY COMMISSION
REVIEW PANEL
COMPLAINT REVIEW Nr. PSH - 034/Mj
Date: 14.05.2008
Based on the Law for Public Procurement of Kosova (PPL), in section 95.1 of this law, < Procurement Review Body (PRB) and review panels established by the PRB shall be responsible for implementing the procurement review procedures established in Title VIII of the present law and shall have the authority and responsibilities specified in that Title >. According to the section 101. 2. a. of the present law PRB shall have the competence < to review complaints received by the PRB from interested parties containing allegations of violations of the present law>.
Based on section 89A.2 of the PPL, the PPRC shall exercise the review functions and responsibilities assigned by the present law to the PRB.
For the complaints submitted by the EO “Interpress R. Company-Kosova Sot” from Pristina on date 18.04.2008, regarding the tender “Publication of notices and announcements in the daily newspaper”, with proc. no. PNSHA / 180108 / 005 announced by the Procurement Department of the Ministry of Education, Science and Technology. In conformity with section 89A.2 of the PPL the Review Panel (RP) has reviewed and verified the abovementioned complaint and took this:
DECISION
The procurement of Contracting Authority for the tender “Publication of notices and announcements in the daily newspaper”, with proc. no. PNSHA / 180108 / 005 announced by the Procurement Department of the Ministry of Education, Science and Technology is ANNULED.
If Contracting Authority still wants to have this procurement, then he should start a new procurement procedure
Justification
During the analyses of the tender dossier and conducted procedure were stated serious violations of Section 27; 50.2; 54 and 58 of the PPL, mentioned by the review expert in the expertise attached to this decision.
Note
Contracting authority must inform the Review Panel in writing within 15 days for all measures undertaken regarding this procurement.
Disrespecting this decision obliges the Review Panel to act according to the section 118 of the PPL of Kosova and to undertake all measures foreseen by this Law, towards all civil servants that do not respect decisions and requests of the RP.
Instruction for legal remedy
Unsatisfied party against this decision may file a complaint to the competent court as foreseen in section 114 of the PPL.
Head of the Review Panel
VV
Nexhat Shabani______