THE DISCRIMINATIVE APPROACH OF THE ODESSA MOTORWAYS SERVICE WAS DETECTED
The Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine established a violation of the procurement procedure by the Motorways service in Odessa oblast of the Public agency of motorway of Ukraine (Odessa) – “Current average repair of public roads, Odessa Oblast (4 lots)”.
On 19/07/2016, set in motion the procurement procedure with the expected cost of 146,523,270 hryvnas.
MPP Basalt (Fontanka, Odessa Oblast) appealed the actions of the Service to the AMCU. The complaint was accepted for consideration by the lot №3.
Complainant reported about the violation on the police of the procurement procedure. The customer declined the offer of the complainant and MBK “Ukrbuddor.”
As the Body of the AMCU established, in the offers accepted for evaluation procedures from tenderers TOV Berezivkaahroshlyahbud, TOV BK Dorlider, TOV Rostdorstroy, TOV BK Dorservis andTOV “Avtomagistral-Pivden were the documents, which didn’t correspond the documentation requirements, so the customer had to reject them and cancel the procurement procedure.
By applying the discriminative approach to the consideration and evaluation of the offers from tenderers of the competitive procurement, in particularly: by the rejection of the complainant’s offer and accept the offers from TOV Berezivkaahroshlyahbud, TOV BK Dorlider, TOV Rostdorstroy, TOV BK Dorservis andTOV “Avtomagistral-Pivden the customer broke one of the principles of carrying out public procurements – non-discrimination of the participants.
On 07/11/2016, the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Anti-monopoly Committee of Ukraine compelled the Service to cancel the procedure.