New Commercial Port in Porto Romano, the company did not pay the fee, the Public Procurement Commission does not accept the complaint

The appeal for one of the highest-cost tenders, such as the one for the New Commercial Port in Porto Romano, was dismissed by the Public Procurement Commission because the company did not pay the respective fee that applies in these cases.

In a decision issued a few days ago, the KPP details the progress from the procurement phase of the contract "New Integrated Commercial Port of Durrës in Porto Romano Phase 1 with a limit fund of 399 million euros" to the rejection of the appeal. Specifically, one of the five companies participating in the procedure in question and not qualified, Jan De Nul nv, has claimed that the disqualification was not fair.

The Bid Evaluation Committee argued that it had failed to find a specific certificate in the company's documents.

"The reasons for the disqualification are the failure to find, in the submitted documentation, the certification of the works carried out for the project "NRL – Echangeur & Digues; La Nouvelle Route du Littoral – La Réunion" specifying the percentage of participation in the project of each participant, given that the project was carried out by a Joint Venture (JV). Also, the authority announces that the Bid Evaluation Committee (KVO) did not find in the documentation, the evaluation form or the act of approval and/or the certificate of acceptance," the Commission would argue.

After this, the association of economic operators represented by Jan De Nul nv filed a complaint with the KPP but did not make the payment that must be made in each case to the KPP's account.

After several days of requests and coordination with finance or the treasury branch and banks, it turned out that the payment was not made.

"The complaint is made according to the relevant form, where the name and address of the complainant are noted, the reference to the specific procedure and the legal basis, where the complainant claims the violations, the payment of the complaint fee, accompanying it with the relevant documentation and evidence, which he believes supports his complaint. The above-mentioned elements are necessary for the review of the complaint. The complainant is obliged to attach to the complaint the bank document that confirms the payment of the relevant fee for the complaint" the KPP quotes the procurement law, underlining that the payment is a necessary condition for the complaint to be considered.

The PP cites that it is established that the complainant has not paid the financial fee of the complaint in accordance with the provisions of point 2 of Article 111 of Law No. 162/2020 "On Public Procurement", as amended, thus failing to meet one of the necessary elements for the review of the complaint.

In the end, it decided not to accept the complaint and allow the Port Authority to continue with the procedure in question.

Five companies participated in the tender for the new Integrated Commercial Port in Porto Romano.

This was the second tender procedure after the failure of a previous procedure.

The need for a new commercial port came after an agreement to transform the current port into a marina and residential project with the company of Emirati investor Mohamed Alabbar. The Durrës Yacht Marina project has been underway for some time now, with preliminary auction sales for unfinished construction.

The relocation of the Port of Durres to another location led the government to decide on its development in Porto Romano. Among the two alternatives for the development of the new Port, the C2 model was chosen. This model envisages a port that is developed on the coast and not the C1 variant that envisages development at sea.

At the end of 2022, during the presentation of the project, it was highlighted that the project has a significant cost and will require the commitment of budgetary funds, Port Authority funds, grants, but also the private sector, thus leaving the possibility of PPP open. At least 46% of the financing will be provided by the government and 54% by the private sector./ Monitor