The Award of Digital Contract Postponed until Decision of Court of BiH

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The award of the Contract for the procurement of equipment for digital transmission and broadcasting for the Public Broadcasting Services Digitalisation Project in Bosnia and Herzegovina will wait for the Court of Bosnia and Herzegovina to decide on the appeal filed by MIBO komunikacije company from Sarajevo (on behalf of the Consortium also comprising: Roaming Networks d.o.o. Banja Luka, UNIS telekomunikacije d.d. Mostar and Flame Data Technologies SRL Romania) on the Conclusion made by the Procurement Review Body of Bosnia and Herzegovina of 31 October 2023.

In the above Conclusion, the Procurement Review Body of BiH has dismissed the appeal of MIBO komunikacija on the Decision on the selection of the best bidder for the public procurement for digital transmission and broadcasting, by which the Consortium comprising Sirius 2010 Banja Luka – Odašiljači i veze (OIV) Zagreb was selected as the best bidder. The PRB has made such conclusion due to withdrawal of the appeal by one of the Consortium members (UNIS telekomunikacije).

MIBO komunikacije, as the leading company of the Consortium, filed an appeal to the Court of Bosnia and Herzegovina with a request to annul the Conclusion, and asked the Ministry to postpone the execution of the PRB's Conclusion.

Given the fact that this Digitalisation Project is of public interest and having in mind the high procurement value, amounting to KM 25.8 mil. (VAT excluded), and that the legal deadline for resolving the dispute is 60 days, the Ministry of Communications and Transport of Bosnia and Herzegovina insists on a quick decision by the Court.

“Without prejudice of the decision by the BiH Court, but in the event that the Court of BiH annuls the Conclusion made by the PRB, that would lead to damage claim, resulting in several million cost to the state budget, in addition to the value of the digitalisation project. In view of the above, it is evidently in the public interest to wait for the decision of the Court of BiH before awarding the contract for the Public Broadcasting Services Digitization Project”, said Minister of Communications and Transport of Bosnia and Herzegovina, Edin Forto.

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