Afterthe information appeared in the media that Unis Telecom from Mostar won theinternational tender for procurement of electronic bracelets, which are worn byprisoners who are placed in house arrest in BiH, high winds rose.
Itis a contract worth KM 1.450.000 KM (amount excluding VAT), which, as we learnfrom the Federal Ministry of Justice, which has launched the tender, was signedfor one year with possibility of extension in accordance with the provisions ofthe Public Procurement Law.
TheSword Security protection agency, which is a representative of British firmSerco, the largest manufacturer of this equipment in Europe, who gave up the secondpre-qualification on suspicion of favoring one bidder and indications ofcorrupt activities, say that this is bid rigging, and they appealed to thefederal prime minister and the federal prosecutor and other relevantinstitutions on the matter.
AsimYounis, director of the Sword Security argues that here legal procedures werenot complied and the Ministry was not allowed to enter the job if there wasonly one bid, aiming at the second stage of pre-qualification. One of Younis’ objectionsis only in the second phase they were introduced to the necessaryspecifications of required equipment, and on that occasion they noticedirregularities and lack of transparency referring to the project itself andtechnical specification. He claims that this system will not function correctlybecause it does not meet safety and technical standards prescribed by Law. Heargues that such a set system contains a number of security flaws and that issubject to excessive abuse of possibilities.
Sword Securitydoubts the legality of the procedure
Hebelieves that this is long outdated technology. "It would be like if in a tender for purchase of mobile phones youwould say that you wanted those with antenna, which is long outdatedtechnology," he says for eKapija. Younis states that providing suchservices to the selected firm is not even a professional activity. Whether hewill take any legal action in this direction he states that they have receivedthe minutes of the opening of bids, but that they did not get a decision on thesubject process, and that without the decision they have no grounds.
However,the Federal Ministry of Justice says the opposite. When asked to respond to whatwas held against them they said that the Sword Security, with their acts,repeatedly pressured this ministry not to announce a public tender but todirectly enter into a contract with them. "Giventhe importance of project and the amount of financial resources provided forthis purpose the current Federal Minister of Justice has insisted ontransparency and asked to issue a public international tender in accordancewith the Law on Public Procurement, which was done," says Aida Jasika, Head of Service for financial and accounting activities in the Federal Ministry of Justice.
She state that constrained accelerated procedure under which the public procurementwas carried out has two phases – the first phase is the phase of pre-qualification,while in the second phase technical specifications are provided, and that is prescribedby the Law on Public Procurement. "SwordSecuritiy bid in the first phase and met conditions, therefore it was invitedto apply in the second phase where technical characteristics were given by theexperts in this field under the Law on Public Procurement," says Jasika for ekapija.
She point out that since the Sword Security did not respond to the call for thesecond phase but that they provided information on withdrawing from the contest,they were sent their minutes from the bid opening, and the decision to awardthe contract as a contracting authority, they say, they were not obliged tosubmit to them according to the Law.
Let us remind, this tender under the subject of procurement, installation,maintenance and support to system for execution of house arrest with electronicsurveillance was announced October 17, 2011 via limited accelerated procedure.
Jasika says for eKapija that in the given period the Ministry receivedthree bids for the first phase of limited procedure, and those are: SwordSecurity, Unis Telecom and Middle Point. "Whilereviewing the documentation, the commission found that all bidders met theconditions which were required in the tender documentation. The decision was reachedon the outcomeof the first phase of pre-qualification of limited accelerated procedure andthe mentioned were invited to tender for the second phase. In the second phaseonly Unis Telecom d.d. Mostar tendered," she said.
She says that they were sent a notice of the Sword Security giving up the proceedings,Middle Point announced subsequently that there has been a delay of device sampleswhich are the subject of the contract during transportation by their partnercompany.
Danijela Kozina
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