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The three violations of the head of the Public Procurement Commission, Jonaid Myzyri! How the winner of the 1.9 million Euro tender was determined with the most expensive bid

2025-07-19 13:22:35Aktualitet SHKRUAR NGA REDAKSIA VOX
The three violations of the head of the Public Procurement Commission, Jonaid
Jonaid Myzyri

A tender opened in July 2020 by the Albanian Road Authority brought a barrage of complaints from participating companies: The competition, with the object of routine maintenance of the road from Ura e Fanit (Rrëshen) to Ura e Repsit, with a limit fund of 219.8 million lekë. For this tender, 5 companies and operator associations submitted documents on their capacities, but only 4 qualified to move on to the second phase, that of economic offers.

On September 18, 2020, after the opening of the bids, it resulted that Alb Shpresa shpk-Mela shpk with a limited fund of 150 million lek, received 85.33 points; JUBICA shpk offered 175 million lek (84.33 points), Kthella with 135.5 million lek (86 points) and AEK Munella shpk-Drini Shpk with a bid of 197.2 million lek (78 points).

The Bid Evaluation Committee at the ARA does not qualify the 135.5 million lek bid made by the company 'Kthella' as an abnormally low bid and with a risk of not fulfilling contractual obligations.

From here, successive complaints of several operators began, for various reasons. But only that of AEK Munella shpk-Drini Shpk, dated October 19, 2020, is accepted. The complaint was related to the assessment made of the bid of Alb Shpresa shpk-Mela shpk, with the claim that this union of operators did not have capacities. Meanwhile, a reassessment of their bid was requested, for experience and quality.

The Bid Evaluation Commission increased the score from 78 points to 81.33 points, but they still remained third in the ranking. For this reason, AEK Munella shpk-Drini Shpk on November 3, 2020 filed a complaint with the Public Procurement Commission (PPC), which accepted it and requested a re-evaluation of the procedure by the contracting authority.

From the reasoning of the PPC, it was alleged that the work schedule and the fact that AEK Munella declared completion within 6 months, while Jubica declared slow progress and Alb Shpresa had not submitted a work schedule, were not taken into consideration for the evaluation of the bids.

The Public Procurement Commission had concluded that the first two bids listed did not have a plan for the organization of the construction site, and the Contracting Authority, ARRSH, is required to evaluate them with 'less' points than AEK Munella for one of the competition components.

On December 9, 2020, the ARA re-evaluated the bids at the request of the KPP, but again AEK Munella remained third. The KPP again requested another 'significantly lower' evaluation for the first two, this time also for the quality component, which was related to the experience of the staff and the available means, but which was not actually included in the competition criteria.

But for this legal violation committed by the Bid Evaluation Committee, the PPC should have requested the cancellation of the procedure, and not the continuation of the tender.

The latest re-evaluation, conducted on January 8, 2021, led to the announcement of the winning bid of AEK Munella shpk-Drini Shpk, with 81.3 points, while the other companies scored less.

After that, it was the turn of other companies to file claims for the reversal of the ranking. But the ARRSH asked them to file a lawsuit, with the explanation that they had implemented the decision of the KPP. The lawsuit was filed at the Administrative Court of First Instance in Tirana, on February 4, 2021.

There are three violations of the Code of Conduct that led to the arrest and suspension of Jonaid Myzyri from the position of director of this institution.

First, the PPC added a new evaluation element related to the work schedule for mini-contracts, which was not foreseen as a criterion that was evaluated with points in the elements of the DST.

Secondly, the PPC had requested in two cases an evaluation of the bids that was lower than what had been done, so it practically predetermined the winner.

Thirdly, the KPP, after having found that the Bid Evaluation Commission had added evaluation elements that were not foreseen, should have proposed the cancellation of the procedure, which had created uncertainty. So, even though the KPP had found legal violations, it had not appealed the procedure but only requested a lower evaluation for the 2 companies that lost the competition.

The court assesses that if the law had been applied, the Public Procurement Commission would have had to take other measures regarding this tender, request its cancellation or instruct the authority to make corrections in accordance with Article 64 of Law 9643 of 2006 "On Public Procurement".

"The Public Procurement Commission has not correctly implemented the aforementioned law, since with its decisions it has not instructed the contracting authority to correct possible violations or to stop its illegal behavior, but has directly intervened, dictating to the contracting authority the method of evaluating economic operators. Specifically, it has dictated that BOE "ALB SHPRESA" sh.pk & "MELA" sh.pk and "XHAST" sh.pk, as well as EO "JUBICA" sh.pk, be evaluated less in relation to BO "AEK Munella" sh.pk and "Drini-1" sh.pk, in order for the latter to be ranked with higher points and result in the winner," the SPAK decision states.
By favoring the merger of the operators AEK Munella" sh.pk & "Drini-1" sh.pk, it is estimated that equality in tenders has been violated and as a result, economic damage has been caused to the state budget in the amount of 47.2 million lek./shqiptarja.com


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