PROCUREMENT PROCEDURE APPEAL IS NOT FREE
TOV Construction company Adamant appealed to the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine with complaint about the law violation by Infrastructure and amenity department of the Dnipropetrovsk city council in the policy of the preliminary assessment procedure – “Overhaul works of the motorway bridge №2 through the Dnipro River in Dnipropetrovsk”.
On 26/02/2016, set in motion the procurement procedure with the expected cost of more than 175 million hryvnas.
The appellant asked to compel the customer to cancel the decision of refusal his offer and also a decision about the recognition of the winner of the procurement procedure.
According to the Law of Ukraine “On Public Procurement” for the filing of complaint to the body of appeal a charge will be made, which is payable to the State Budget of Ukraine.
As the Body of the AMCU established, within the materials attached to the complaint of TOV CC Adamant, the document confirming the charging of fee for the filing of complaint is missing.
If the appealer didn’t pay in fee for the filing of complaint, the legislation in the sphere of public procurements provides leaving this complaint without the consideration by the body of appeal.
Besides, the Body of the AMCU established that the rejection of the competitive procurement offer of TOV CC Adamant was posted on the website of the Authorised authority on 20/10.2016.
Thus, TOV CC Adamant had to find about the abuse of their rights on 20/10/2016.
Complaint of the TOV CC Adamant was registered in the AMCU on 31/10/2016. Consequently, the complaint was filed with the violation of the terms stipulated by the legislation on public procurements.
Given the above, the Standing Administrative Body on examination of complaints about law violations in the matter of public procurement of the Antimonopoly Committee of Ukraine leaved the complaint of TOV CC Adamant without the consideration on 03/11/2016.
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