A Red Flag is a fact, event, or set of circumstances, or other information that may indicate a potential legal compliance concern for illegal or unethical business conduct, particularly with regard to corrupt practices and non-compliance with anti-corruption laws.
Insufficient term according to the legal criteria set out in Article 43 of Law 9643 "On Public Procurement" as amended.
|Source of Loan/Financed by:||Funding Source: State Budget Reconstruction Funds approved by Decision no. 212, dated 11.03.2020 On the use of the reconstruction fund for financing the reconstruction of educational facilities.|
|Loan Amount by Currency|
|Project Title||Reconstruction Program|
|Description of the Project||
The Albanian government through the Albanian Development Fund has announced contractions worth 900 400 410 141 (nine billion and four hundred million and ten thousand and one hundred and forty-one Albanian Lek). Equivalent to 76,42 million Euros).
Purpose of tender: Construction of Homes and Schools in the regions affected by the Earthquake (November 2019) The financing is from the state budget.
The procedure applied is the limited procedure (not open).
This procedure requires interested parties to submit a request to the authority, and then the authority selects the bidders based on the eligibility criteria, and not on the bids they have submitted. The selected companies or operators are then notified of their selection and asked to submit their bids to the authority, which selects the best bid.
This non-open procedure is envisioned by the Law on Public Procurement (Law No. 9643, Article 31). The law requires such procedures to be used only when it is necessary to make a difference between the selection phase, where candidates are qualified/disqualified, and the phase of deciding who the winning operator is following a review of their bids.
The Limited Procedure is to apply in specific cases and requires legal arguments. With the bidders already known (through the selection phase), the process is more likely to present risks for the competition and efficiency compared with the Open Procedure.
The contracting authority would have to carefully argue why it opted for this procedure. Such arguments are not found in the information made available for the public regarding the tender documents, or in any reports by the Albanian Development Fund.
The Government opts for Limited Procedure, avoiding open bidding competition.
The 20-days timeframe for submission of requests by interested competitors is not respected.
Supervision of works for the reconstruction of educational institutions, in areas affected by the earthquake - Lot 6: "Object: "Supervision of works for Construction of educational institutions Kamėz Municipality". (Reconstruction Program).
Funding Source: State Budget Reconstruction Funds approved by Decision no. 212, dated 11.03.2020 "On the use of the reconstruction fund for financing the reconstruction of educational facilities".
The approved budget for the year 2020 is: 1,525,785 ALL VAT exclusive.
The educational facilities/institutions included in Lot 6 are as follows:
9 Year Elementary School Halit Coka building surface 5,419 m2
High School Sulejman Elezi building surface 4,311 m2
Kindergarden Niko Hoxha building surface 1,020 m2
Kindergarden Lidhja e Prizrenit, Paskuqan building surface 1,275 m2
Kindergarden Halit Coka building surface 1,530 m2
|Estimated / Ceiling Value ALL without VAT||6,103,140|
|Type of Contract|
|Procurement Method||Restricted Procedure|
|Stage Procedure||Announced Procurement|
|Tender Announcement Date||19-03-2020|
|Opening Date for Submission of Bids||30-03-2020|
|Closing Date for Submission of Bids||30-03-2020|
|No. of Bidders||18|
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On 27-04-2020 referring to Annex 22 , were identified as successful economic operators for concluding the framework agreement :
1. C.E.C Group sh.p.k.
2. Joint of Ekonomic Operators HE & SK 11 sh.p.k & MAGNA CHARTA sh.p.k
3. Joint of Ekonomic Operators HUK-Project sh.p.k & ASH Engineering sh.p.k.
4. Joint of Ekonomic Operators "ITM sh.p.k & Archispace sh.p.k.
5. Joint of Ekonomic Operators Infratech sh.p.k & Arkimade sh.p.k
6. Instituti Dekliada - Alb sh.p.k .
7. Joint of Ekonomic Operators Erald - G sh.p.k & Transport Highway consulting sh.p.k
8. A & E Engineering sh.p.k .
9. Joint of Ekonomic Operators Arabel Studio sh.p.k . sh.p.k & KKG Project & GR Albania sh.p.k .
10. Civili Cons sh.p.k.
11. Joint of Ekonomic Operators Dea-N Consulting Studio sh.p.k & Studio Private Projektimesh Studimesh Monitorimesh Arbi sh.p.k & ER NO sh.p.k.
12 Joint of Ekonomic Operators G B Civil Engineering sh.p.k NUIS & STUDIO SERVICES " K - SA" sh.p.k
13. Gjeokonsult & CO sh.p.k
14. Joint of Ekonomic Operators InfraKonsult sh.p.k & Atelier 4 sh.p.k.
15. Joint of Ekonomic Operators "Net Group sh.p.k & Akbons sh.p.k .
16. . Joint of Ekonomic Operators Studio Rebus sh.p.k & 47 EK 79 & Iliada P.K.S sh.p.k.
17. Joint of Ekonomic Operators Tower sh.p.k & 6D PLAN sh.p.k.
18. . Joint of Ekonomic Operators Sphaera sh.p.k & Klodioda sh.p.k .
Note: Referring to DCM no.199, dated 04.03.2020 "On the approval of standard documents of the procurement procedure, of the evaluation criteria of the winning bid, the conditions of the framework agreement and the contract for the reconstruction process", the qualification of the bidders in the first stage it is not submitted with points.
Operators must apply to the Albanian Development Fund, Adr. St. "Sami Frasheri", no. 10, Tirana, within 5 days from the date of receipt / publication of this notice to conclude the draft agreement.
|Successful Bidder /Supplier / Provider||
|The winning bid ALL without vat|
|Bidder Announcement date|
|Contract Value including VAT|
|Contract Milestones Due Dates||Kohėzgjatja e Marrėveshjes Kudėr do tė jetė 12 muaj. Kohėzgjatja e kontratės/kontratave do tė jetė 5 (pesė) muaj nga momenti i lidhjes ose me afat me tė shkurtėr nė varėsi tė veēantisė sė objekteve arsimore.|
|Appeals||There were no disqualified operators|
On 19-03-2020, the tender with the Object "Supervision of works for the reconstruction of educational institutions, in areas affected by the earthquake - Lot 6: "Object: "Supervision of works for Construction of educational institutions Kamėz Municipality". (Reconstruction Program)."was announced in the electronic system of PPA.
The initial deadline for submitting the request for expression of interest was 30-03-2020 only 11 dates.
AIS note : The 20-days timeframe for submission of requests by interested competitors is not respected- Law No. 9643, Article 43. (Click here.)
On 27.04.2020, referring to Annex 22, the Announcement of Successful Economic Operators for the Framework Agreement was made.
AIS has been monitoring the procedures and has announced publicly its Findings on legal violations.
Newsletter 20 March 2020
Tender for the Reconstruction Program for the State-Supported Share (Published on March 18, 2020 ) .
|Transaction / Actual Spending|
|Relevant published Bulletin||