NOBOMOSKOVSK CENTER OF PUBLICH UTILITIES IS OBLIGED TO CANCEL THE PROCUREMENT PROCEDURE OF REPAIR SERVICES OF STREET IN NOVOMOSKOVSK

Private commercial manufacturing enterprise (PVKP) MELIK (Synelnykove, Dnipropetrocsk Oblast) appealed to the AMCU the actions of the municipal institution Novomoskovsk center of public utilities (Novomoskovsk, Dnipropetrocsk Oblast) during the procurement procedure – “Current mean repair of Hetmanska street in Novomoskovsk” [Advertisement № 143875, published on the website of the Authorized authority, bulletin of 11/07/2016 № 129 (11/07/2016)]. The expected cost of the procurement is 7,159,335 hryvnas 60 kopeks.

Subsequent to the result of the complaint investigation, the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine established that the offer of PVKP MELIK was rejected illegally.

In addition, the Body of the AMCU established that to the evaluation procedure were accepted the offer of TOV DSZ and TOV BUD REHION, which failed to meet the documentation requirements.

Thus, the offer of TOV BUD REHION didn’t contain a copy of the certificate of registration of vehicles, machines and mechanisms for excavators with hydraulic hammer on pneumatic run JSB J 5240 LC. Also, the offers of TOV DSZ and TOV BUD REHION have local estimates, in which according to the section I “Pavement” provides the patching repair of single-layer asphalt thickness of 70 mm with an area of repairs to 5m2, while the documentation provides the patching repair of single-layer asphalt thickness of 60 mm with an area of repairs to 5m2.

So, the offers of TOV DSZ and TOV BUD REHION failed to meet the documentation requirements and had to be rejected by the customer.

By accepting the offers of TOV DSZ and TOV BUD REHION the customer violated the Article 29 of the Law of Ukraine “On public procurement”, according to which the customer rejects the tenderer’s offer if it fails to meet the documentation.

By applying the discriminative approach during the consideration of the participants’ offers (by rejecting the complainant’s offer, but accepting the offer of TOV DSZ and TOV BUD REHION to the evaluation procedure, which failed to meet the documentation requirements), the customer violated the right of PVKP MELIK for an objective and impartial consideration of his offer.

These customer actions are the violation of the principles of public procurements under the Article 3 of the Law – namely non-discrimination of participants, objective and impartial evaluation of tender offers.

On 11/11/2016, guided by the Article 18 and 8 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 Antimonopoly Committee of Ukraine compelled the municipal institution Novomoskovsk center of public utilities to cancel the procurement procedure.

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