Contrary to the law, the municipal executive in Klina has awarded a contract to the former Chief of Public Procurement, Abaz Foniqi, who in 2018 was found guilty of six corrupt acts related to tenders.

Foniqi has worked for more than two decades in the Procurement Office in the Municipality of Klina.

But on September 26 last year he retired.

He held the position of Chief of Procurement in the municipal executive led by Zenun Elezaj.

But, his engagement in the municipality will continue for at least another year, as he recently won a one-year contract worth 7,200 euros.

A tender which was opened in October 2021 with an open procedure for the position of expert - collaborator for public procurement, was awarded to former Chief Foniqi.

The contract, which provides him with a monthly salary of 600 euros per month, was signed by Ali Gashi, while the criterion for awarding the contract was "the most economically advantageous tender".

But the tender won by the former head of the Procurement Office in Klina, turned out to be contrary to the Law on Prevention of Conflict of Interest in Exercising Public Function.

According to this law, a senior official may not be involved in contractual activities until two years have passed since the end of his public office.

Whereas, Foniqi only forty four days after retirement has signed a contract with the Municipality of Klina.

"The senior official has no right to be involved in a contractual relationship, directly or through a relative or trusted person, with the institution where he has exercised public office for a period of up to two (2) years after the end of public office," it said. in article 18, paragraph 1, under paragraph 1.2 of this law ”, it is stated in the Law.

Punishment for corruption

Abaz Foniqi, in the past there were troubles with the law, he was sentenced to probation during 2018 for six corrupt acts related to tenders.

The former head of the Procurement office had pleaded guilty, while the verdict did not provide for him to be barred from working.

According to the Law on Public Procurement, an economic operator should not participate in procurement activities if it has been found guilty by a competent court in the last ten years of committing a criminal or civil offense, including corrupt practices.

Thus, the tender that Foniqi won from the Municipality of Klina, contradicts this law as well.

Also, in the tender dossier is provided the same request for the economic operator, specifying that failure to meet this criterion, would lead to their elimination from competition.

This has not been implemented in the tender won by Foniqi, because only five years have passed since his conviction for corruption.

The same was emphasized by Albana Hasani, legal officer in the FOL Movement, according to whom, the winning of the tender by the former Chief of Procurement was followed by numerous legal violations.

"The winning of this tender by Foniqi is claimed to be illegal.

The existence of legal circumstances where the above-mentioned has admitted that he has been convicted of a criminal offense of corruption, and he has not respected the time limit of 2 years from the end of the function required to apply for this tender - are the basis of legal firm to conclude that the entire tendering procedure was conducted in complete violation of the provisions of the Law on Prevention of Conflict of Interest in Exercising Public Function and the Law on Public Procurement ", said Hasani.

But, all the legal violations, the former Chief of Procurement has denied.

He says municipal officials should be asked why he was declared the winner of the tender with a one-year contract.

"It is not a violation, because I did not get a construction project, but I got it to train the staff that is now in office," said Foniqi.

"You have to talk about it with the municipality, which has started the procedure because a procurement procedure has been given to engage someone.

Talk to Klina procurement officers.

"I am committed to supervising and training the new staff who have now been hired without experience, and so it is," he said.

Further, the former Chief of Procurement denies being favored, even though he was awarded a one-year contract by the institution where he worked for more than 20 years.

"There is no favoritism there means, favoritism is qualification, experience and nothing else", says Foniqi.

The one-year contract in the amount of 7,200 euros for Abaz Foniqi was signed by Ali Gashi.

He has been authorized for about six months to perform the duties of procurement management from September 29, 2021, respectively two days after the retirement of Abaz Foniqi, until March 29 of this year.

Gashi refused to explain the case why Foniqi, the former head of Procurement turned out to be the winner of the tender.

Whereas, the mayor of Klina, Zenun Elezaj, initially said that there is not much information about the case.

But after insisting, he said he was recently notified of the contract and has taken action.

"It's not a topic I can answer now because I'm hearing about it now.

So, he gets an answer in the official line ", Elezaj initially declared.

"I was notified two weeks ago, through certain lines and I have taken measures on this issue", he continued, not giving details on what measures have been taken regarding the tender that the former Chief of Procurement was elected as the beneficiary, in the local executive of Klina.

But, the data provided through the request for access to public documents show that the Municipality of Klina, in this case has requested legal clarification in the Legal Office of the Ministry of Local Government Administration and the Ministry of Internal Affairs and Public Administration on 1 June 2022, seven months after the contract was awarded by the local executive.

In the legal explanation requested by the Director of Administration in the Municipality of Klina, Binak Sylaj, it is stated that they are unclear whether the former procurement officer is allowed to commit after retirement to perform the services provided in the contract.

The Municipality of Klina had a legal obligation to inform the Anti-Corruption Agency no later than 30 days, about the possibility of a conflict of interest in this case, based on the Law on Prevention of Conflict of Interest in Exercising Public Function.

Paragraph 3 of Article 18 of this law provides that “The institution in which the senior official has exercised public office must, as soon as possible but not later than thirty (30) days, inform the Agency of any of the circumstances mentioned in paragraph 1. of this article ”.

On the other hand, the Anti-Corruption Agency, an institution responsible for the interpretation of the Law on Conflict of Interest, has already started dealing with the case of the former head of Public Procurement in the Municipality of Klina, Abaz Foniqi, announcing that they will be released soon. with a decision.

The non-governmental organization Initiative for Progress (INPO) had also reacted to this issue, assessing as illegal the contract award for the former head of Procurement of this municipality.

In the public reaction of INPO, it is requested that the executive of the municipality of Klina and the Anti-Corruption Agency take measures against those responsible who have allowed such a legal violation.

/ Author:

/ Telegrafi /

The contents of this article are the sole responsibility of the author and the Speech Movement.

In no way can I present the views of the Telegraph.