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All the tenders analyzed by the High State Control in the Municipality of Pogradec have come up with problems....
The High State Control has found a large number of violations in the Municipality of Pogradec headed by Ilir Xhakolli. In the framework of an audit conducted there recently, irregularities and abuses were found in almost all areas.
The biggest abuses seem to be with tenders. According to KLSH, for the years 2021-2022, a total of 24 procurement procedures have been carried out with a limit fund of 2,361,291 thousand ALL without VAT and contract implementation of 2,316,337 thousand ALL without VAT. Referring to the determined materiality, the audit group out of 24 procedures has assessed for audit 15 procedures with a limit fund of 2,152,752 thousand ALL or 91% of the limit fund.
" In the 15 audited procedures, violations of legal and by-laws were found, where unsubstantiated criteria were applied and not closely related to the type of procedure being developed, which directly affects the participation of the Economic Operator (EO) in the procedure for increasing competition, inhibit the participation of medium-sized businesses, as well as in the elimination of EO with more profitable offers and opportunities for the implementation of the contract ", says KLSH.
In addition, deficiencies were found in the qualification of operators with unfulfilled criteria, actions in the illegal use of public funds in 13 procedures for the value of 2,264,536 thousand ALL without VAT.
Some of the tenders with problems discovered by the KLSH are:
1. "Rehabilitation/reinforcement of existing collective housing 2021" Pogradec Municipality, Year 2021, with limited fund of 25,000 thousand ALL, with winner EO "I." ShPK, with an offer value of ALL 18,784 thousand.
"In the application of the criteria, criteria were found not in accordance with the conditions of the procedure and contrary to articles 1, 2 and point 1 of article 21 of Law no. 162, dated 23.12.2020, "On public procurement", as well as articles 39 "Special requirements for contracts for public works" and article 78 "Drafting and publication of tender documents", of VKM no. 285, dated 19.05.2021, "On the approval of public procurement rules". The criteria must be in proportion and closely related to the ability to implement, the nature and value of the contract", states KLSH.
2. "Rehabilitation of the residential block near Abdyl Frashëri street", Municipality of Pogradec, Year 2021, with a limited fund of 15,518 thousand ALL, with the winner EO "VK" ShPK, with a bid value of 15,417 thousand ALL.
3. "Rehabilitation of the squares on both sides of the ring (Near Sot 7)" Pogradec Municipality, Year 2021, with a limited fund of ALL 9,775 thousand, with the winner EO "E." ShPK, with an offer value of 5,922 thousand ALL.
4. "Rehabilitation of the Rodokal road, Propisht Administrative Unit" Pogradec Municipality, Year 2021, with a limited fund of 58,333 thousand ALL, with the winner EO "R." ShPK, with an offer value of ALL 54,104 thousand.
5. "Rehabilitation of the Gani Homçani neighborhood" Pogradec Municipality, Year 2021, with a limited fund of ALL 84,782 thousand, with the winner EO "VK" ShPK, with a bid value of ALL 84,238 thousand.
6. "Construction of Çerrave & Dardhas Regional Water Supply - Gurrasi Springs", Pogradec Municipality, Year 2021, with a limited fund of 775,722 thousand ALL, with winner EO "C." ShPK, with an offer value of 774,852 thousand ALL , etc.
Further, KLSH informs that from the audit of the procurement procedures with small value developed during the period 01.01.2022-31.12.2022, it was found that in:
- In 6 cases, the owner's order for appointing the commission to calculate the limit fund is not administered, and the calculation of the limit fund is not documented;
- In 1 case, the employee who is a member of the commission for small purchases turns out to be also a member of the commission for taking over the procured goods;
- In 6 cases, declarations of conflict of interest are not administered by the procurement commission of small value;
- In 1 case, the commission for taking over the assets was 1 person, which contradicts Instruction no. 30, dated 27.12.20211, where it is quoted "The commission for taking over the supplied assets consists of specialists in the field according to the type of assets and no less than three people participate in the commission";
-In 12 cases referring to the documentation of the tender file, the procurement order was not deposited in the treasury branch and there is no treasury seal;
- In 16 cases, it turns out that the EO declared winner did not meet the criteria required by the CA, as well as the documentation submitted by the EO declared winner contains deficiencies in form and content;
-In 22 cases, the submitted documentation is not recorded, in order to document and respect the date of delivery, according to the requirement defined in the invitation to offer;
- In 10 cases, the deadline for the delivery of the goods/realization of the service/work was not respected by the economic operator, as well as by the Small Purchases Commission, and no penalty was calculated;
- In 22 cases, a declaration of conflict of interest was not requested from the EO declared winner, and a declaration on the judicial situation was not requested;
- In 9 cases, the contracting authority in the technical specifications has requested the quality of the procured goods, but in no case has it requested that each item must be accompanied by a guarantee sheet, in order to guarantee the CA.
So it seems that Ilir Xhakolli messed with the tenders by favoring his clients. KLSH has analyzed each tender in detail and it seems clear that some companies have been disqualified on purpose./ Pamphlet
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