CHECK THE APPEALLED OFFERS, WHEN DISPUTING ITS REJECTION

PP Vostokservis (Pavlograd, Dnipropetrovsk Oblast) failed to stand upon their right and cancel the decision of the rejection of his offer by Kam’iansk special general education boarding school of the Zaporizhzhia Regional Council.

On the June 1 of this year Kam’iansk special general education boarding announced about a procurement procedure on coal АМ (13-25) DHOM (13-50) at a cost of 925,951 hryvnas.

During carrying out the procurement procedure, the customer rejected the offer of PP Vostokservis on the grounds of its discrepancy to the requirements of the competitive procurement documentation.

The legislation on public procurements provides for customer’s right to require from the participants granting by them the documented information about their correspondence to the qualification criteria.

Customer may reject the competitive procurement offer in the case, when the competitive procurement offer fails to meet the requirements of the documentation.

Thus, the boarding school required, in particular, the copies of the documents confirming the availability with storage (warehouse or yard) and weigh house (scales) (confirmed by providing copies of the dockets for ownership of a warehouse or lease arrangement on a ware house and copies of technical dossier on scales or copies of lease arrangement on a weigh house, copies of certificate of calibration of operating facilities of measuring equipment (scales), issued by the certifying authority) valid for the moment of offer disclosure.

Within the copies of the competitive procurement offer of PP Vostokservis, the copy of certificate of calibration of operating facilities of measuring equipment (scales), issued by the certifying authority was missing that does not correspond to the requirements.

Taking the above into account, on 04/11/2016, the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Anti-monopoly Committee of Ukraine established the eligibility of the rejection of the offer of PP Vostokservis by the customer and dismissed the company in redress of grievance.

With that, PP Vostokservis asked the AMCU to consider the offers from other participants approved for evaluation procedure about the correspondence with the documentation and applying the discriminative approach by the customer.

During the complaint investigation, the Body of the AMCU didn’t find a discriminatory approach from the customer against the complainant.

Taking into account, that the procedure of appealing is not free (5 ths. hryvnas for appealing the procurement procedure of products and services, 15 ths. hryvnas for appealing the procurement procedure of works), attentively check your offer before appealing.

Our company offers a wide range of legal services, including services in the matter of procurements. Contact us and you will receive the qualified help concerning the procurement realization and its appeal.

Recomended Posts

Leave a Reply