THE AMCU COMPELLED THE DEPARTMENT OF EDUCATION OF ZHYTOMYR OBLAST TO CANCEL THE DECISION ABOUT PROCUREMENT OF COAL

To the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine appealed TOV P ENERGO PRIME (Lviv).

The company appealed the decision of the Department of education of the Novohrad-Volynskyi district state administration of Zhytomyr Oblast (Novohrad-Volynskyi) about the rejection of his offer submitted for participation in the procurement procedure – Coal (the expected coat is 1,950,ooo hryvnas) and asked to compel the customer to finish the procurement procedure.

According to the results of the investigation of the complaint, the AMCU established the following.

The customer required the submission by the participants of copies of certified properly certificates that official persons, who are authorized by the participant to represent him during the procurement procedure, weren’t convicted of a crime committed with mercenary motives, the criminal record of whim is unsurveyed or isn’t cancelled in accordance with the law order.

The complainant reported that he provided such a copy of the MHA certificate about the absence of criminal records of manager and participant’s representative, signed by the director and seal. Specific requirements for certificating the documents were not enshrined in the documentation.

The customer reported that copies of certificates must be certified by the authority that issued them, or a body authorized to witness such a document, but not by a member of the tender offer, that’s why the offer of TOV ENERGO PRIME failed to meet the documentation requirements and was rejected.

In addition, the customer required the submission of the certificate of the tax authority about absence of debts among taxes and fees, valid up to 30-day old relatively to the date of the competitive bidding opening.

The complainant provided a copy of the certificate issued by the tax authority for the Department of Education, Youth and Sports of Iziaslav district state administration, not for the customer, and an expired one, because in the case of a certificate, valid for the date of its submission, the customer would refuse his offer because of the failure to meet the documentation requirements and failure to comply with deadlines.

The complainant reported that a certificate issued not for the customer, but for another department of the education does not change its content and that it confirms the absence of debt TOV ENERGO PRIME, because it is formed to be provided to any institutions.

The customer declined the complainant’s offer on the grounds of another recipient of the certificate, failure to meet the terms and improper certification of copies of the certificate.

The Body of the AMCU found that the legislation does not provide rejection of the tender winner’s offer due to lack of grounds provided by the Article 17 of the Law of Ukraine “On public procurements”.

Therefore, given the provisions of the Law of Ukraine “On public procurements”, the complainant’s was illegally rejected on these grounds.

In addition to the above, the complainant stated that he has a presumption about the participants’ conspiracy.

Regarding this statement the Body of the AMCU has determined that the consideration of issues of collusion between the participants does not apply to the powers of the Body, therefore the grounds for consideration the complaint in this part are missing.

On 11/03/2016, subsequent of the consideration of the complaint the Body of the AMCU compelled the Department of Education of Novograd-Volynskyi Region State Administration of Zhytomyr Oblast to cancel the decision on the winner of the procurement procedure and the rejection of the offer of TOV ENERGO PRIME.

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