Post of Serbia - About the media allegations on the suspension of the procurement of mopeds


About the media allegations on the suspension of the procurement of mopeds

Regarding the information that appeared in some media about the “suspension” of the public procurement of mopeds by the contracting authority Public Enterprise Post of Serbia, Belgrade, due to the Request for protection of rights being submitted, we would like to notify the public of the following.

Public Enterprise Post of Serbia, Belgrade initiated the subject public procurement pursuant to the Law on Public Procurement, harmonizing all its activities with the said law. In order to thwart the public procurement procedure, with gross abuse of rights and contrary to the prohibition on submitting requests for protection of rights in order to achieve a goal other than the one for which the right was recognized (Article 204, paragraph 4 of the Law on Public Procurement), two business entities submitted requests for protection of rights to the Republic Commission for Protection of Rights in Public Procurement Procedures, in our opinion, solely for the purpose of thwarting and slowing down the public procurement procedure.

Proving that the intention of the two business entities is to prolong the procedure of public opening of bids and thus, by abuse, prevent the end of the public procurement procedure, is the fact that non of the two legal entities submitted valid evidence of paid fee for submitting requests for protection of rights, despite that the submission of such evidence is a legal obligation of each complainant. Namely, one of the legal entities submitted a transfer order as "proof" of the paid fee for filing a request for protection of rights, the content of which does not comply with positive regulations (transfer order is not issued by a bank or post office, nor certified by their signature and seal) and from which it cannot be determine weather the payment was realized, while another business entity submitted an empty- blank page of paper as "proof of payment of the fee".

The above facts undoubtedly show that this is a pure abuse of the right to object and not "protection of rights", noting that the current Law on Public Procurement has been in force since July 1, 2019, and that these legal entities participate in public procurement procedures with other procuring entities, so the provisions of the current Public Procurement Law relating to the obligation to submit evidence of payment of fees for the protection of rights and the prohibition of abuse of the right to object, are surely familiar to them.

Also, if the allegations and intentions to conduct and end the public procurement procedure in accordance with the Law on Public Procurement were true, business entities would fulfil the obligation to request additional information and notifications from the contracting authority before submitting bids, which was not the case, and what every diligent bidder who acts with the care of a good businessman and whose goal is to get a job in a fair market competition would have undoubtedly asked for. From the above it can be concluded that there are no ambiguities regarding the tender documentation, and that the only clear intention is to abuse the right to object.

Public Enterprise Post of Serbia, Belgrade expresses doubt in the seriousness of the intention of business entities to participate in the public procurement procedure, due to all the above, and also noting that the registered predominant activity of one of the business entities - applicants for protection of the right is building roads and highways, and that the subject of public procurement is procurement of mopeds.

Such actions of specific business entities, but also of all other persons who in the future may decide to consciously use their right to object contrary to the purpose of this right, thus violating the above-mentioned prohibition of abuse of the right to object, create significant material damages for PE Post of Serbia, Belgrade, which as a public postal operator performs activities of general interest. PE Post of Serbia, Belgrade will, in accordance with the Law on Contracts and Torts and the Law on Public Procurement, be forced to compensate any material damage caused in the above manner in court proceedings from any person who causes the damage in question.