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The Bemax company today made accusations against the Ministry of Public Works.

They claim that the ministry eliminated their bid for the reconstruction of the old Government building, in a “suspiciously fast and unprincipled manner”. They add that their bid was the most favorable and that it offered budget savings.

Below, we present their reaction in full.

“Montenegro is on the threshold of a significant infrastructure project: the adaptation of the old Government building, a building of exceptional architectural and historical importance. The Ministry of Public Works has announced a tender, and the public is eagerly awaiting who will be chosen for this delicate and demanding task. Two parties applied, but a comparison of quality, experience and references clearly points to only one deserving winner.

When it comes to the adaptation and construction of buildings of national importance, Bemax stands as an indispensable giant. We have a number of successfully completed projects behind us, from the most demanding sections of highways and bridges to complex reconstructions.

The company’s technological equipment, proven expertise of its engineering staff and, most importantly, an impeccable reputation for meeting deadlines and adhering to the highest quality standards, make us a natural choice.

For the advertised job of adapting the old Government building for the needs of the Special State Prosecutor’s Office, Bemax not only offers the best conditions in terms of guarantees and deadlines, but the selection of any other bidder, especially a consortium whose strength is questionable, could be interpreted as political, and not as a decision based on expertise and national interest.

Although Bemax, as the undisputed leader in Montenegrin construction, submitted by far the most favorable offer worth €1,781,788.82 excluding VAT, while the offer of another consortium (Ramel, LD Gradnja, Stambeno, Timing) amounted to €1,928,368.12 excluding VAT, the Ministry of Public Works has decided, express – and suspiciously too quickly – to eliminate Bemax from the procedure. We remind you that the estimated value of the works was €1,930,000.00 excluding VAT.

Bemax’s bid is not only within budget, but is almost €150,000 lower than the bid of the second-placed consortium. This price difference represents a significant saving for the budget of all citizens of Montenegro.

Bemax was allegedly disqualified due to a procedural irregularity, namely because the statement with the subcontractor stated “design and execution”, instead of just “execution of works”, as required by the tender.

Therefore, this is not an irregularity, but a deliberate move, in accordance with certain items in the technical specification, which also include “development of a project for the completed facility” for certain phases.

Therefore, the word “design” is deliberately included in the statement that the commission assessed as questionable. This statement was used at a time when it became clear that Bemax’s offer was the most favorable. Disqualification for the above, while simultaneously ignoring the €147,000 potential savings, suggests that the real goal was elimination, not selection of the best bidder. It is absolutely clear that this is a politically motivated blow.

The decision to disqualify was made with suspicious haste, in the midst of an unprecedented media campaign against our company. Everything was timed so that Bemax would be eliminated from public affairs as soon as possible, regardless of the damage to the state budget.

Is the second consortium even correct?

In its appeal, the Bemax company not only defends its correctness, but rightly points out the questionable correctness of the documentation of the consortium of LD Gradnja, Ramel and Stambeno i Timing firms.

We ask why the Ministry focused exclusively on Bemax’s documentation, while the potential irregularities of the competitor were kept quiet?

When everything is added up – the most favorable offer, a minor administrative “error” as a reason for disqualification, the suspicious speed of decision-making and the simultaneous neglect of the competitor’s shortcomings – only one conclusion is imposed: in Montenegro, the highest quality, most favorable contractor is not chosen, but the one who does not politically correspond to the current structures is eliminated.

The question is clear: Will state institutions stand up for legality and public interest, or will they continue to serve political narratives that cost the citizens of Montenegro hundreds of thousands of euros? Bemax has filed an appeal and expects that justice will finally prevail over political games.

As a responsible company, we are obliged to remind citizens of the following important points once again:

The Public Procurement Law (PPL) clearly focuses on the selection of the most economically advantageous tender (MEAT). Bemax’s bid is not only an MEA, but also offers savings of almost €150,000 of public money, as well as the completion of the adaptation work with a minimum implementation deadline;

Legal practice, especially before the State Commission for the Control of Public Procurement Procedures, often emphasizes that bidders may not be excluded due to minor, formal or technical shortcomings if the essence of the bid (qualification and price) is undisputed.

Even if it was stated correctly in the explanation excluding Bemax from the procedure – a mistake in the formulation (“design and execution” instead of “execution”) in the subcontractor’s statement would be a defect of form, not a defect of substance.

No court or commission should allow the state to pay €150,000 more because of one word! The Public Procurement Act provides mechanisms for overcoming formal errors:

The contracting authority (Ministry) is obliged to request additional explanation, clarification or amendment before declaring the bid invalid if there are technical doubts.

Insisting on immediate disqualification without giving Bemax a deadline for elimination indicates the contracting authority’s dubious intention to eliminate the most favorable bidder at all costs. This directly undermines the principle of transparency and equality of bidders.

Suspicion of irregularities of another bidder (LD Gradnja Consortium)

• The Public Procurement Act requires the contracting authority to check the documentation of all bidders equally thoroughly. If Bemax alleges and proves irregularities in the documentation of the Consortium (LD Gradnja, Ramel, Stambeno, Timing) in its appeal, and the Ministry ignores this, this represents a direct violation of the principle of equality.

The Ministry selectively applied the criterion of correctness – rigorously towards Bemax, and leniently towards the other bidder.

All of the above indicates that the Ministry consciously ignored the most important principles of the Public Procurement Law – savings and essential correctness – which raises doubts about the political goal of elimination. Legal experts, with whom the company consulted, agree: There is no such law in Europe that disqualifies a bidder for one word, and that this disqualification causes damage to the Montenegrin budget of almost €150,000.

We believe that the Ministry should have acted on the principle of proportionality and requested an explanation, and not rushed into a decision.

“This is a precedent that will cost all citizens dearly, and the State Commission must correct this illegal and economically harmful decision,” the company stressed.