DNIPROPETROVSK CUSTOMER ELIMINATED DISCRIMINATORY REQUIREMENTS IN IN PROCUREMENT PROCEDURE WITH COST OVER 10 MILLION
On 10/11/2016 TOV ALFATEH (Dnipro) appealed to the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Anti-monopoly Committee of Ukraine actions of the municipal institution City Council Miskzelenbud of Dnipropetrovsk Oblast concerning the violation of the policy of the procurement procedure – “сode DK 016: 2010 – special-purpose vehicle – 29.10.5 (29.10.59-90.00 – special purpose vehicle); lot 1 – (29.10.5 (29.10.59-90.00 – special purpose vehicle), code DK 021: 2015 – 34114000-9 – special-purpose vehicles) – 1 pc; Lot 2 – DK 016: 2010 code 29.10.5. special purpose vehicles CPV DK 021: 2015 Code 34142100-5. Trucks with lifting platforms (lift AGP – 30 on chassis MAZ- 5340 (or equivalent) – 1 pc., lot 3 – DK 016: 2010 code 29.10.5. Special purpose vehicles for the CPV DK 021: 2015 Code 34142100-5. Trucks with lifting platforms (autohydraulic hoists TK-TT- AGP 24 K on the base TATA 613 (or equivalent) – 1 pc.; lot 4 – DK 016: 2010 code 29.10.5. Special purpose vehicles for the CPV DK 021: 2015-34134200 -7 dumpers – 1 pc.” [Advertisement № 153461, published on the website of the Authorized authority, bulletin of 29/07/2016 № 143 (29/07/2016)] with the expected cost of 10,902,490 hryvnas.
The complainant reported about the establishment of the discriminatory requirements by the customer in the tender documentation, including requirements to provide “original or a copy of a letter of guarantee of the manufacturer of automotive chassis for confirmation of authority to sales and service maintenance in Ukraine”.
According to the complainant, the stated requirement restricts competition and discriminates participants.
TOV ALFATEH indicated that independently from manufacturer’s guarantee for components of the specified machine and the machine itself, the complainant, as the supplier, assumes warranty and servicing responsibilities as on the whole product as well as on all its components, which confirm that the customer will obtain proper warranty and service maintenance of the offered product.
TOV ALFATEH stated that the manufacturer of the machine for washing floors Ceksan Yol Supurme Araclari Mak. Sun. Ve Tic. upon the requst of the company addressed to the Company Ford Otomotiv Sanayi A.S. for the registration of the complainant as his representative in Ukraine and was refused.
Implementation and service maintenance of brand Ford is provided only through the authorized dealer Ford Otomotiv Sanayi A.S. The manufacturer Ceksan Yol Supurme Araclari Mak. Sun. Ve Tic. officially confirmed that the special and additional permit from isn’t required for the implementation and service maintenance in Ukraine of special chassis Ford, which will be produced by this manufacturer and delivered to TOV ALFATEH.
Thus, according to the complainant, established by the customer requirements for providing a letter of guarantee from a manufacturer of automotive chassis, with whom the complainant doesn’t have relationship, makes impossible the participation of TOV ALFATEH in the procurement procedure.
The municipal institution City Council Miskzelenbud of Dnipropetrovsk Oblast in the course of the consideration of the appeal reported to the AMCU that by the protocol resolution of 27/10/2016 № 27/10/2016 decided to amend the documentation and remove the requirement for providing by the participants as part of the tender offer original and copy letter of guarantee of the manufacturer of automotive chassis about the confirmation of the authority for the implementation and service maintenance in Ukraine.
Thus, the customer recognized and removed the violations stated in the complaint of TOV ALFATEH, on which provided documentary evidence.
At the meeting of the Body of the AMCU held on 11/10/2016, a representative of the complainant stated that customer changes are decentish.
Consequently, the Body of the AMCU has the reasons for the termination of the complaint.
Considering the above, guided by the Article 18 of the Law of Ukraine “On public procurements”, the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Anti-monopoly Committee of Ukraine ceased the consideration of the complaint of TOV ALFATEH.