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1.7 million euro tender/ DP denunciation: Public Procurement Commission ignores the decision of the Court of Appeal

2025-03-03 20:28:18Aktualitet SHKRUAR NGA REDAKSIA VOX
1.7 million euro tender/ DP denunciation: Public Procurement Commission ignores
Genta Vangjeli

The Democratic Party's Anti-Corruption Spokesperson, Genta Vangjeli, denounced today from the Blue House the scandal with a tender worth 1.7 million euros.

She said that the Public Procurement Commission is not implementing a decision by the Court of Appeal regarding a tender by the General Directorate of State Archives.

This is a tender with the object: "Purchase of boxes and files for permanent storage for central and regional contracting authorities and entities of Tirana, Lot 1", with a fund limit of 2.2 million euros.

The Bid Evaluation Commission at the Archives has announced the winner of the tender, the company "Kristalina KH" with a bid of 1.7 million euros. However, in the meantime, the other company in the competition, "Adel Co", has filed a complaint with the KPP, which immediately ruled in its favor, even though it had a bid worth 267 thousand euros more than the winner.

After the KPP withdrew the tender, even though it had been declared the winner by the KVO, the company "Kristalina KH" appealed to the court and as a result, the Administrative Court of Appeal decided by final decision to annul the KPP's decision and ordered the contracting authority to continue the procedure by implementing the decision, which constitutes an executive title and is enforceable by the bailiff service as a final decision.

But, in the meantime, the company "Adel Co" again files a complaint with Jonaid Myzyri's KPP, which agrees to review it, even though the company "Kristalina KH" was re-declared the winner by a final court decision.

"What forces state institutions to act differently from what the highest hierarchical legal body, the Administrative Court of Appeal, has decided?" emphasized the spokesperson for the Anti-Corruption Unit in the Democratic Party, Genta Vangjeli.

Statement by the Anti-Corruption Spokesperson in the Democratic Party, Genta Vangjeli:

A complaint has been received at our address regarding a tender conducted by the General Directorate of State Archives, specifically the procedure with the object: Purchase of boxes and files for permanent storage for central and regional contracting authorities and entities of Tirana, Lot 1, with a Fund limit: 2.2 million euros.

The operator with a bid of 1.7 million euros was declared the winner of this procedure.

The other qualified operator, but with a bid worth 267 thousand euros more than the winner, complains to the KPP and the latter decides by decision dated March 25, 2024 to disqualify the winner announced by the KVO.

The winner announced by the KVO, already disqualified by the decision of the PPC, appeals to the court and as a result, the Administrative Court of Appeal decides by final decision (v.2024) to annul the decision of the PPC and orders the contracting authority to continue the procedure by implementing this court decision which constitutes an executive title and is enforceable by the bailiff service as a final decision.

After being re-declared as the winner by a final court decision, the same appellant re-submits a second appeal to the PPC for the same procedure and the same operator and the PPC, by decision no. 162/2025, agrees to review an appeal filed by the same appellant operator for the same procedure for which the court has expressed its opinion by a final court decision and decides differently.

The complainant explains that the CPC used the argument that criminal proceedings have been registered against the winning company and that there is an expert report conducted by the prosecution still in the preliminary investigation phase, these actions in violation of at least:

LPP article 76 point 1/dh, Code of Administrative Procedures articles 13, 14, 17.

The question is what forces state institutions to act differently from what the highest hierarchical legal body, the Administrative Court of Appeal, has decided?

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