ANOLOGOUS AGREEMENTS AND TENDERER’S BANAL MISTAKE

Limited liability company “Chas Mrij” (Kyiv) appealed to the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine with a complaint about a violation in the policy of procurement procedure of services for organizing school meal by the Labor and Social Protection Department of Olev district state administration of Zhytomyr Oblast.

The appellant reported about the violation of the policy of the above mentioned procedure by the customer, particularly of the standards of objectivity, objective appraisal and participants’ non-discrimination. The appellant asked to compel the customer to cancel the decision of refusal his offer and to reverse a decision on the accept of the offer by tenderer LLC “Vijsktorg”.

The Body of the AMCU stated that the offer of LCC “Chas Mrij” was rejected on grounds of deficiency of the proven record of the accomplished analogous agreements (the copies of the analogous agreements with budgetary institution, the validity of which had expired).

Thus, under the conditions of the documentation of the competitive tendering, the tenderer was demanded to provide the customer with the copies of the analogous agreements with budgetary institution or corresponding inquiry whereas such agreements are assumed to be under the commercial confidentiality.

In their turn, LCC “Chas mrij” submitted an inquiry about the experience of accomplishing the analogous agreements in the set of competitive tendering offers, where as the customers in the columns “Customer, address, manager’s full name” were named the presidents of the parent committees of the comprehensive schools.

So, the appellant’s offer, particularly the inquiry about the accomplished analogous agreements, was inconsistent with the demands, determined by the customer, and consequently was rejected by the customer in accordance to law.

On the 21th of October, 2016 the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine rejected to uphold the complaint of the LCC “Chas mrij” due to lack of arguments for settlement of the complaint.

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