DISCRIMINATIVE APPROACH OF THE CENTRE OF STATE LAND CADASTRE IS DETECTED
Today the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine detected the law violation by the Government establishment Centre of state land cadastre (Kyiv) during the purchase of services concerning assurance of maintenance works of the networking equipment Cisco with assurance continuation.
The procedure was announced on 01.09.2016. The expected cost is 4 000 000 hryvnas.
TOV Inlain Grp Zahid appealed to the AMCU about actions of the DP Centre of state land cadastre. The appellant didn’t agree with customer’s decision about the deviation of his offer on the ground of discrepancy of the requirements of the tender documentation.
The customer stated on the record of the tender committee’s meeting that the appellant’s offer fails to meet the requirements of the tender documentation, specifically: test login in automatized system for processing service data does not work and provided agreement failed to meet the requirement “availability of the proven record of the accomplishment analogous agreement”.
With that, the customer couldn’t check the correspondence of the description functionality due to the entry of invalid password and the provided agreement in the offer was analogous as to scope of procurement.
In the course of complaint investigation the AMCU found that the customer DP Centre of state land cadastre broke the policy of the carrying out procurement procedure and applied a discriminative approach.
Besides, the Board of the AMCU found that PP ProNet, which was recognised by the customer as the tenderer whose offer totally corresponds to the technical requirements, specified in the tender documentation, and qualification criteria. This tenderer provided a certificate that stated that customer can get login and password for testing the correspondence of the functionality of the product OTRS description (Service Desk) through the individual request to PP ProNet.
But, according to the documentation requirements the test login must be provided in the offer composition. So, the customer had to dispose the offer of PP ProNet.
Particularly, the law provides objective and impartial evaluation of tenders and non-discrimination of participants.
The AMCU compelled the DP Centre of state land cadastre to cancel the procurement procedure on assurance of maintenance works of the networking equipment Cisco with assurance continuation.