THE MILITARY UNIT OF THE NATIONAL GUARD IS COMPELLED TO ALTER TENDER DOCUMENTATION

Today, the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine compelled the military unit 2269 of the National guard of Ukraine to alter the tender documentation about the procurement procedure on aviation fuel TS-1 (PT, Jet-A1) or an equivalent.

On 27/10/2016, TOV Research and manufacturing association Spetspromkompleks (Kyiv) appealed the actions of the Military unit to the Anti-monopoly Committee of Ukraine.

The meeting procedure for military defence requests was announced on 20/10/2016. The estimated cost is 10,000,000 hryvnas.

the appellant in his complaint reported that the announcement contains a requirement about providing by participant a letter of guaranty from manufacturer (if the participant isn’t a manufacturer) or approved agent on the territory of Ukraine that confirms participant’s supply capacity of offered goods in sufficient quantity, quality and within needful term (to provide the original of a letter of guaranty).

As complainant states, such a requirement is discriminatory because it unduly restricts the number of potential participants to the people, who are manufacturers of subject of procurement or manufacturer’s officials.

One of the principles of procurement procedures is non-discrimination of members.

About the defined above requirements the customer noted that in such a way manufacturer or manufacturer’s official confirms the availability of resources of this fuel and supply capacity of offered goods in sufficient quantity, quality and needful term, what in its turn won’t bring about a breakdown of fuel supply.

However, the customer didn’t prove and didn’t confirm documentarily that required manufacturer’s letter of guaranty is a guaranty of supply by participant of the offered goods in sufficient quantity, quality and within needful term. The Board of the AMCU compelled the military unit 2269 of the National guard of Ukraine to alter the tender documentation.

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