COMMON MISTAKES WERE COMMITTED BY THE BULGARIAN PARTICIPANT DURING THE APPEAL OF THE PROCUREMENT PROCEDURE
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 corporation Construction and Technical Fleet (Varna, Bulgaria).
The Company appealed about the violation of the policy of the procurement procedure by Yuzhnen filiation of government establishment the Seaport Administration of Ukraine – Construction of the object: “Reconstruction of sea approach canal and inland approaches to deep berths” (construction works).
The procedure was set in motion on 29/02/2016. The expected cost was 1,007,528,144 hryvnas.
As the Body of the AMCU found, the complaint was filed and registered in the AMCU on the 03.10.2016. With that, the complainant Corp. Construction and Technical Fleet fleet had to find out about the abuse of their right on 17/06/2016 (the customer defined the offer from TOV “Ian De Nul Ukraina” as the one that meet the requirements of the qualification documentation, and the participant as the qualified on 17/06/2016).
According to the section four of the Article 18 of the Law of Ukraine “On public procurements,” complaints have to be appealed to the appealing authority not later than 10 days starting with a day, when an appealer found out or had to find out about the violation of his right or legal interests by the made decision, action or inaction by customer, general customer, but till the day of entry into an agreement of procurement.
So, the complaint of Corp. Construction and Technical Fleet was filed in violation of the terms, which is the reason for leaving the complaint without consideration.
With that, as the Body of the AMCU established, the complainant appealed the customer’s violation that have been the subject of an appeal body and on which appeal body has made the appropriate decision.
According to the section six of the Article 18 of the Law of Ukraine “On public procurements,” the appeal body leaves the complaint without consideration if an appealer appeals the same issue in the same procurement procedure and for the same reasons that have already been the subject of the appeal body and on which body the appeal has made the appropriate decision.
Given the above, the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Anti-monopoly Committee of Ukraine rejected the complaint of Corporation Construction and technical fleet on 03/11/2016.
When submitting a complaint to the body of appeal, pay attention to the terms of the appeal, check that no body took appropriate decisions on appeal in the same procurement procedure. Indeed, the Law of Ukraine “On public procurements” provides the fee for complaint submitting, which is credited to a special fund of the state budget and not to be returned.
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