KIROVOHRAD PSYCHONEUROLOGICAL RESIDENTAL FACILITY VIOLATED THE POLICY OF THE PROCUREMENT PROCEDURE OF COAL

It established the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Anti-monopoly Committee of Ukraine on 08/11/2016.

TOV Vuhilna Compania Tsenter (Kirovohrad) appealed to the Body of the AMCU.

The complainant reported about the violation of the policy of the procurement procedure of coal [Advertisement № 147723, published on the website of the Authorized authority, bulletin of 20/07/2016 № 136 (20/07/2016)] with the expected cost of 608,000 hryvnas by the customer Kirovohrad psychoneurological residential facility with geriatric department of the Department of Social Welfare of the Kirovohrad regional state administration.

The customer rejected the complainant’s offer on the grounds of providing the copy of the sales contract under purchase of group of buildings with a designation for arrangement of fuel storage totally.

As the Body of the AMCU established, the copy of the offer of TOV Vuhilna Compania Tsenter contain a copy sales contract concluded with TOV MAKREALGRUPP, in the section 3 of which is stated that the fact of full payment is to be confirmed by the seller written application, which is an integral part of this contract.

To the copy of the stated contract was provided a copy of the extract about the registration of the ownership by the stated contract from the State Register of real estate title. Given the presence in the complainant’s offer copy of the extract from the State Register of real estate title, TOV Vuhilna Compania Tsenter did not violate the terms of documentation in this section.

Given the above, the complainant’s offer was rejected illegally on the grounds of above stated.

In addition, the customer demanded the copies of the documents confirming the receipt of coal by customer under contracts referred to in the certificate (copies of commercial invoices or copies of invoices or copies of acceptance and transfer act, etc.).

The customer rejected the complainant’s offer due to the fact that TOV Vuhilna Compania Tsenter provided the copies of invoices for the analogous contracts, but not to all shipped amount under these contracts.

As the Body of the AMCU established, the documentation didn’t contain requirement about providing the copies of the documents confirming the receipt of coal by customer under contracts referred to in the certificate (copies of commercial invoices or copies of invoices or copies of acceptance and transfer act, etc.) on all shipped amount under these contracts.

Given the above, the complainant’s offer was rejected illegally on the grounds specified in the record.

As the result of the complaint investigation, the Body of the AMCU compelled the Social Welfare of the Kirovohrad regional state administration to cancel all decisions made after opening of the tenderers’ offers on competitive bidding for coal.

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