REPORT OF THE SUPERVISING AND MONITORING DEPARTMENT No. of Report for Supervision and Monitoring 04/2008

Transcription

1 REPORT OF THE SUPERVISING AND MONITORING DEPARTMENT No. of Report for Supervision and Monitoring 04/2008 Contracting Authority Inception date of the report Submission date of the draft report Submission date of the final report Municipality Assembly of Novobërda Dear, Please find attached the Report of Monitoring and Supervision accomplished by the Commission for Supervision and Monitoring of Public Procurement Regulatory Commission of Kosova with given recommendations regarding the elimination of the stated violations of Public Procurement Law in Kosova and procurement rules. 1.1 Legal base of the report for Supervision and Monitoring Based on Public Procurement Law of Kosovo No. 2003/17, amended by regulation Nr.2007/20 Public Procurement Regulatory Commission in accordance with Section 81, 82, 83.1 PPRC has the competence, authority, power and responsibility to observe, monitor and supervise public procurement activities in all Contracting Authorities of Kosovo. Based on these responsibilities PPRC has authorised the Supervising and Monitoring Commission to control the enforcement of the Public Procurement Law Dispositions and procurement rules in the Procurement Office of Municipality Assembly of Novobërda. Monitoring and Supervising Department has monitored and supervised some (8) procurement activities realised during by the procurement office of Municipality Assembly of Novobërda.

2 1.2 Scope of monitoring and supervision: Supervision of the enforcement of Public Procurement Law of Kosovo and of the procurement rules; Monitoring of public procurement activities regarding the eventual violations of Public Procurement Law of Kosova and of Public Procurement Rules in Kosova; To give recommendations for advancing the process of public procurement to the contracting Authority; and According to the case to take other measures in agreement with Public Procurement Law in Kosovo regarding the accomplishments of the duties of dispositions of this Law and other legal measures that are the competence and responsibility of Public Procurement Regulatory Commission. 1.3 SELECTED PROCUREMENTS FOR MONITORING AND SUPERVISSION Pr. Name of the procurement activity Ref. No. No. 1. BUILDING OF THE SECONDARY SCHOOL IN VILLAGE BOSTON (2006) CENTRAL HEATING INSTALLATION IN THE HEALTH CENTRE OF NOVOBERDA (2006) SUPPLY WITH FIRE-WOOD (2006) 001/ SERVISING AND MAINTENANCE OF THE VEHICLES OF M.A. OF NOVOBERDA 65410/07/04/236 (2007) 5. SUPPLY WITH FIRE-WOOD) (2007) SUPPLY WITH FUEL FOR M.A. OF NOVOBERDA (2007) 10654/07/01/ SUPPLY WITH FOODSTUF FOR THE COFFEE SHOP OF M.A. OF NOVOBERDA (2007) KONTR. MINIMALE 8. REPARATION OF THE ROAD HAMIDIJAJ NOVOBERDA (2007) 10212/07/07136 During the control and supervision for implementation of the Law for public procurement of Kosovo for these 8 procurement activities Supervising and Monitoring Commission (SMC )has stated as follows: 1.4 The establishment of the Department Procurement office of the CA: Procurement department of the Contracting Authority : Monitoring initiated in the procurement office of Municipality Assembly of Novobërda on date from the discussion with the procurement Manager of Municipality Assembly of Novobërda, Supervising and Monitoring stated that in the Municipality Assembly of Novobërda has been established the procurement office that has the Procurement Manager and 2 staff membersprocurement officers. Procurement professional certificate: procurement Manager has been certified by the PPRC for 2006, Under oath declaration: members of the procurement office have signed and submitted to the PPRC under oath declaration. 1.5 Supervision of the procurement activities ref. No.03/2007 Procurement forecast section 7 of the PPL. During the control of the procurement activities we can notice that Contracting Authority for 2006 has prepared Procurement Forecast that has submitted to the PPA, whereas the procurement activities with ref. no , , has not included in the procurement forecast and with this has made violation of section 7 of the PPL. 2

3 Whereas for 2007 the Contracting Authority has made the procurement forecast in accordance with section 7 of the PPL whereas the procurement activity with ref. no /07136, has not included in the procurement forecast and with this has made violation of section 7 of the PPL. Statement of needs and availability of funds:- Section 8.5; 8.6; Contracting Authority for these 3 procurement activities with proc. no , 001/006, , monitored and supervised by the SMC during 2006, has not prepared the statement of needs and availability of funds and with this has made violation of section 8.5 of the PPL. Whereas for 2007 has also made the violation of section 8.6 of the PPL because he did not prepared the document of the statement of needs and availability of funds for the procurement activities with proc. no , 65410/07/04/236, 10212/07136, for 2007 in the tender dossiers does not exist the document of the statement of needs and availability of funds in accordance with section of the PPL. Funds commitment: Section 8.2 During the supervision and monitoring of 8 procurement activities it has been noticed that Contracting Authority at the procurement activities with proc no. : 10654/07/01/121, 65410/07/04/236, has not made the commitment of the funds in accordance with section 8.2 of the PPL No. 2003/17. Initiation of the procurement: section 20.1 During the control of (8) procurement dossiers it has been noticed that Contracting Authority, at the procurements : proc. no /07/04/236, , 10212/07/136 does not have in its documentation the request for the initiation of the procurement procedures by the request units approved by the approving officer in accordance with section 20.1 of the PPL. 1.6 Supervision of the tender dossier preparation of the CA Tendering requests : It is noticed that CA in all dossiers prepared for the tendering, (8) the tendering requests were not modified and determined clearly at the dossiers with proc. no , proc. no , proc. no. 001/006. It has been stated that some of the requests presented in the tender dossiers, were not determined clearly whether they are the tendering requests or have remained from the standard form f the document. Use of standard forms approved by the PPRC :section 95.1 During the accomplishment of these procurement activities the Contracting Authority has not used ( contract notice, tender standard document, draft contract as standard document, standard report of the evaluation, evaluation minutes, procurement cancellation form, under oath declaration of the committee members etc.) forms that are made official by the PPRC, approved and published on at the PPA s web-site, at these procurement activities with proc. no. 001/006, proc. no , proc. no ,proc. no /07/136, proc. no /07/04/236 this represent violation of section 95.1 of the PPL. Technical specification : section 28.2 Contracting Authority during the compilation of the technical specifications, at 3 procurement activities with proc. no , 10654/07/01/121, 011/006, it has been noticed that contracting authority has not respected section 28.2 of the PPL. Contracting Authority during the compilation of the technical specifications of the procurement activity with proc. no has used the position Lump sum, meaning that technical specification was not made clearly; this represents violation of section 28.2 of the PPL. 3

4 Whereas at 2 dossiers of the procurement activity, technical specification was unclear and uncompleted. Evaluation criteria: Section 50.1 Contracting Authority at 2 procurement activities (with proc. no , proc. no. 001/006) has not determined the evaluation criteria in the contract notice and in the tender dossiers, this represents violation of section 50.1 of the PPL. Tender security: section 55 Contracting Authority in 7 procurement activities, have not presented at all the requests for tender in the tender dossier. 1.7 Supervision of the procurement process of CA Procurement publication: Section 38 Contracting Authority for a procurement activity proc. no /07/136, has published the invitation for quotation, but it is not known in which information was made public this notice, whereas for the procurement activity with proc. no. 001/006 the contracting authority has not prepared at all standard document of the invitation for price quotation and has not delivered this invitations to the EO, this represents violation of section 35.3 of the PPL. Tendering procedure :Section It has been noticed that during the control of the documentation of 8 procurement activities, Contracting Authority has used invitation for quotation in 3 cases, since that the value of the tender has exceeded ,00 and has respected tendering time limits, whereas at other cases has been used open procedure. Request for reduction of time limit: Section 44 During the supervision and monitoring of 8 procurement activities we have noticed that Contracting Authority for (3) procurement activities has required the reduction of the tendering time limits in the PPA, and this reduction has been approved by the PPA and has been respected by the Contracting Authority. Notification for the cancellation of the procurement: section 21.2, ( PPR) During the supervision and monitoring of 8 procurement activities we can notice that the Contracting Authority has not informed for the cancellation of the procurement activities at 4 procurement activities with proc. no , proc. no /07/01/121, proc. no /07/04/236, proc. no , even that has re-tendered the procurement activities; this represents violation of section 21.2 of Public Procurement Regulation. Request for waive of the section 30.3 From the controlled documentation of 8 procurement activities we can notice that CA has not made the request to waive the section 30.3 in the PPA. Notification on extending the tendering deadline : Contracting Authority for (8) procurement activities that were monitored and supervised by the PPRC has not made the extension of the tendering deadline. Opening commission: Section 28.1 (PPR) Contracting Authority has appointed the opening commission for tender opening, for these 8 procurement activities and they have the decision for opening commission, in accordance with section 28.1 of public procurement regulation. 4

5 1.8 Public opening of the procurement activities in CA: Contracting Authority has made tender opening of all procurement activities when he used open procedure. Contracting Authority has compiled and has taken the minutes of the opening in accordance with section 56 of the PPL. 1.9 Supervision of the evaluation methodology of procurement activities: Decision for the Commission for procurement evaluation: From the controlled documentation it is noticed that contracting Authority in all procurement activities has the proof about the decision for appointing evaluating commission, this decision was signed by the manager of the procurement office. Under oath declaration for the evaluating committee members: For all cases, members of the evaluating committee have not signed under oath declaration that represents violation of section 20.2a of Public Procurement Regulation of Kosova Evaluating commission by the CA: Consistence and qualification of the evaluating committee: Section 20.1 (PPR) Contracting Authority for all procurement activities has appointed the evaluating committee consisted of 3-5 members of the evaluating commission, qualifications of the committee members were not mentioned at all. This represents violation of Public Procurement Regulation of Kosova, section Inception and termination date of the evaluation: section (PPR) In all cases the evaluating committee has evaluated the procurement activities in the sufficient time limits foreseen with the directions of public procurement regulation of Kosovo (section 29.13) 1.11 Report of the evaluating committee of CA: Section 57 PPRC has stated that at the procurement activities with proc. no , proc. no , based on the minutes of the evaluation, the evaluating commission has evaluated the tenders even that there were no three responsive tenders, has awarded with a contract the economic operator that was irresponsive and uncompleted, this represents violation of section 57 of the PPL. It has been noticed that Contracting Authority in the dossiers of the procurement activities with proc. no. 001/006 the evaluating commission has evaluated and has awarded the EO that had the highest price despite the evaluation criteria determined in the tender dossier the lowest price and has submitted uncompleted tender, which represents violation of section 57 of the PPL Supervision of notices for the evaluation of the procurement activities of CA Notice of the candidates and eliminated tenderers: Section 52.1 It has been noticed that Contracting Authority during the conduct of these 8 procurements, for 2 procurement activities with proc. no /07/04/236, proc. no , has not informed the candidates or the tenderers in writing for the elimination and for the reasons of their elimination, by this Contracting Authority, has made violation of section 52.1 of the PPL. 5

6 Notice of the awarded contract: Section 39 Contracting Authority has not made contract award notice in the information means, for all procurement activities that were controlled by the Supervising and Monitoring Department. Performance security: Section 60 Contracting Authority during the accomplishment of these 8 procurements in the tender dossier has not requested for security performance of the contract from 10% prior to the contract signature, except for procurement with proc. no , when the performance of the security has been required. The experts of Supervising and Monitoring Department from the controlled documentation have not found the proofs if this document was submitted at all by the EO that was awarded with a contract, this represents violation of section 60 of the PPL. Contract signature: Section 24 From all (8) procurement activities that were analysed it has been noticed that contract signature with proc. no , proc. no , 001/006, was made between the Executive Chief and economic operator, this represents violation of section 24.1 of the PPL No. 2003/17. Furthermore during the control of the tender dossier it has been noticed that contracting authority has compiled the contract of two pages, in which contract has not included all general and special conditions of the contract, has not used the standard form of the draft contract. 6

7 Stated violations of the LPP No.2003/17 1. Violation of section 7 of the PPL- No.2003/17 Procurement Forecast. 2. Violation of section 8.6 of the PPL Statement of needs and availability of funds 3. Violation of section 8.2 of the PPL Commitments of fund 4. Violation of section 20.1 of the PPL. Initiation of a procurement 5. Violation of section 28.2 of the PPL. Technical specifications 6. Violation of section 35.3 of the PPL Procedure for Invitation for quotation 7. Violation of section 50.1 of the PPL Clear determination of the evaluation criteria 8. Violation of section 52.1 of PPL, Notification to eliminated tenderers and candidates 9. Violation of section 57.3 of PPL, Examination, evaluation and comparison of tenders 10. Violation of section 60 of PPL, Performance security. 11. Violation of section 95.1 of the PPL Use of standard form approved by the PPRC. 12. Violation of section 24.1 of the PPL No.2003/17 Signing of public contracts Stated violations of Public Procurement Regulation, part B Violation of section 21.2 of Public Procurement Regulation. Notice on the procurement cancellation Violation of public procurement regulation of Kosova section 20.1 Determination (description) of professional qualification of evaluating committee members. Violation of public procurement regulation of Kosovo section 20.2a Signing of under oath declaration. 7

8 1. Recommendations and suggestions given by the PPRC Public Procurement Law 1. To respect section 7 of the LPP- No.2003/17 Procurement Forecast 2. To respect section 8.6 of the PPL Statement of needs and availability of funds 3. To respect section 8.2 of the PPL Commitments of fund, 4. To respect section 20.1 of the PPL. Initiation of procurement. 5. To respect section 28.2 of the PPL. Technical specifications. 6. To respect section 35.3 of the PPL Procedure for Invitation for quotation. 7. To respect section 50.1 of the PPL Clear determination of the evaluation criteria. 8. To respect section 52.1 of PPL No. 2003/17, Notification to eliminated tenderers and candidates 9. To respect section 57.3 of PPL No. 2003/17, Examination, evaluation and comparison of tenders. 10. To respect section 60 of PPL, Performance security. 11. To respect section 95.1 of the PPL Use of standard form approved by the PPRC. 12. To respect section 24.1 of the PPL No.2003/17 Signing of public contracts Public Procurement Regulation, part B 1. To respect section 21.2 of Public Procurement Regulation. Notice on the procurement cancellation 2. To respect section 20.1 of Public Procurement Regulation of Kosova. Determination (description) of professional qualification of evaluating committee members. 3. To respect section 20. of Public Procurement Regulation of Kosova. Signing of under oath declaration. 8

9 1.15 Judgements Supervising and Monitoring Department of Public Procurement Regulatory Commission of Kosova requires from the procurement office in the Municipality Assembly of Novoberda to fully respect Public Procurement Law of Kosova and Public Procurement Regulation and to eliminate as soon as possible violations stated in this report. Supervising and Monitoring Department is submitting you the accomplished report for supervision and monitoring and offers you the possibility for comments or suggestions regarding the report prepared by the SMC not later than 30 days from the days of the submission of the draft report. This report will be considered as final report if contracting authority does not submit additional proofs within the time limit determined in the draft report. Whereas according to the stated violations the PPRC requires from the Municipality Assembly of Novoberda to take adequate measures. Supervising and Monitoring Department of the Public Procurement Regulatory Commission of Kosova according to the Public Procurement Law of Kosova has the right to redo the control to state that recommendations and suggestions given by the SMC were fulfilled by the Contracting Authority. 9