The Ministry of Culture, Youth and Sports has denied that the master plan development procedures of the Adem Jashari Memorial Complex in Prekaz have been suspended or violated.
This ministry in its response has mentioned that this procedure is in progress according to the course defined by the public procurement legislation, and so far there is no final decision about this process.
"Currently, as of 22.12.2023, this process is in the appeal stage before the Procurement Review Body (PRB) and has not used up the legal deadline for reviewing the case", says a long reaction of this ministry.
Full reaction:
In some Kosovo media, it has been reported about the alleged suspension and flagrant violations in the procedure of developing the master plan of the Adem Jashari Memorial Complex in Prekaz.
We confirm that this procedure is in progress according to the course defined by the public procurement legislation, and so far there is no final decision about this process.
Currently, as of 22.12.2023, this process is in the appeal phase before the Procurement Review Body (PRB) and has not used up the legal deadline for reviewing the case.
We want to clarify the public opinion that every time the competitive economic operators submit a complaint to the PRB, the procurement process is suspended and the legal deadline for reviewing the complaint begins. Also, rumors about "flagrant violations" are claims of the complaining economic operator who has not been evaluated as a winner, and in any case are subject to the professional evaluation of the responsible institutional units.
We want to assure all the citizens of the Republic of Kosovo that in the process of developing the master plan of the Adem Jashari Memorial Complex in Prekaz, all the actions of the Ministry of Culture, Youth and Sports (MKRS) were in full compliance with the legislation in force and professional standards for the administration of an international design competition. The economic operator who was not evaluated as a winner in this procedure has decided to complain to the PRB. We respect everyone's right to use the legal means of complaint, ensuring a democratic process with integrity.
MKRS confirms that so far it has not received any expert report, recommendation or decision from PRBO regarding the claims of the complaining economic operator regarding this process.
Allegations of media reports of violations and the publication of fictitious decisions are only speculations and at the moment they are published they can easily be read as public pressure on PRB officials, an independent institution. Any public comment while a case is being considered in PRB is a legal violation and public pressure.
MKRS has been transparent from the beginning of this process, keeping the public informed about all stages and actions in this process. From the very beginning, at the request of the inter-ministerial Committee for the "Adem Jashari" Memorial Complex in Prekaz, MKRS has formed the coordinating group for the assessment of the physical condition of the buildings within the Complex in July 2021. This coordinating group has recommended the steps that should be undertaken for the treatment of the Memorial Complex. One of the recommendations was the assessment of the physical condition of the main buildings of the complex in terms of structure. Based on this report, MKRS has concluded a Memorandum of Cooperation with the Faculty of Construction of the University of Pristina. The professors of UP have submitted the final report in which the high-risk buildings within the Memorial Complex have been identified. From these buildings, the House of Sala and Hamit Jashari, the observation point - the bunker, the House of Sadik Jashari, the remaining surrounding wall of the house of Smajl Jashari, while for the main buildings, the Jashari Towers, it has been ascertained by the experts that they are unable of immediate danger, but which cannot wait long, and the drafting of a master plan is required, where their treatment should be foreseen according to the general development concept.
MKRS has developed the procedures and concluded the contracts for emergency intervention in the House of Sala and Ham Jashari, and in the House of Sadik Jashari, the observation point - the bunker, and the surrounding wall of the house of Smajl Jashari. All these works have been carried out successfully, eliminating the danger that threatened these buildings for a certain time.
As another action, the Interministerial Committee of the Adem Jashari Memorial Complex in Prekaz has appointed the Committee of Experts. The commission did the research, analysis and visioning for KMAJ and compiled the Terms of Reference for the drafting of the Master Plan. This document was submitted to the Interministerial Committee in January 2023. The Interministerial Committee has approved the final document of the Committee of Experts, and the Government of the Republic of Kosovo has made a decision on the criteria, the conditions for the announcement of the competition as well as the application procedures for the Project for "Adem Jashari" Memorial Complex in Prekaz. In accordance with this decision, MKRS has announced the open procurement procedure for the selection of the project (master plan) for the "Adem Jashari" Memorial Complex on May 25, 2023.
Since that time, this design competition procedure has been closed and the evaluation has been done by the professional commission made up of experts from state and independent institutions. After the publication of the evaluation by the commission, an economic operator that was not evaluated as a winner exercised the right of appeal in the second instance, to the PRB.
MKRS, referring to the national importance, but also the physical stability of the buildings within the Complex, has officially addressed the PRB with the request to consider this case as a priority. We have in no way and never pretended to interfere in the decisions of the PRB and we have always strictly respected them, even when they were not in favor of our institution. The request submitted by MKRS calls for increased consideration in relation to this process, and comes as any delay may have consequences in the buildings of the complex, and therefore in the history of our people related to the resistance of the Jashars and the Epic of the Liberation Army of Kosovo.
At the same time, we invite all parties to be prudent and professional, behaving within the framework of the law and public ethics, avoiding pressures and misinformation.