THE AMCU COMPELLED THE DEPARTMENT OF HEALTH OF THE DNIPROPETROVSK REGIONAL GOVERNMENT DEPARTMENT TO ALTER THE TENDER DOCUMENTATION OF THE PROCUREMENT PROCEDURE OF MEDICAL EQUIPMENT
TOV Link Medytal (Kyiv) appealed to the Antimonopoly Committee of Ukraine. The company appealed the actions of the Department of health of the Dnipropetrovsk regional government department during the procurement procedure “DK 021:2015: 33180000-5. The equipment for maintaining physiological functions – 5 lots”, in particular discriminative requirements of the tender documentation, which limit the competition. The expected cost of procurement is 5,276,011 hryvnas.
Subsequent to the results of the complaint investigation, the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine established that the title of the subject of procurement and availability of medical and technical requirements reflect the exclusive characteristics of supplies for ambulatory peritoneal dialysis only of production of “Baxter Helskea SA” (Switzerland/Ireland).
According to it, on 21/12/2016 the Body of the AMCU compelled the Department of health of the Dnipropetrovsk regional government department to alter the tender documentation.
The legislation on the public procurement provides that tender documentation mustn’t contain requirements, which limit the competition and discriminate participants.
In the case when customer includes in agreements requirements, which discriminate you as the participant of tender, you have to appeal such requirements. However, it is essential (!) during the appellation of the procurement procedure to the AMCU not to violate the terms of complaint filling, pay attention to the formation of the complaint, and the possibility to explain the presence of violated rights, and not forget to pay a fee for filing a complaint to the body of appeal.
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