TENDERER BROKE THE PERIOD FOR APPEAL FOR THE PROCUREMENT PROCEDURE FOR HELICOPTERS AT A COST 10 MILLION
TOV Karbolain (Kharkiv) 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.
The company appealed against a decision of rejection their offer by the Military unit 1498 of the State Border Guard Service of Ukraine for the procurement procedure for helicopters – “Helicopters and planes, remotely piloted air systems for a short flying time”.
The expected cost of procurement is 10,000,000 hryvnas.
As the Body of the AMCU established, the notification of acceptance of competitive procurements offer of TOV PF was posted on the website of the Authorized authority on the 07.10.2016.
Thus, the complainant TOV P Karbolain had to find out about the violation of their right on the 07.10.2016.
Imprint date of the complaint of the TOV P Karbolain – 27/10/2016. It was registered in the AMCU on 28/10/2016.
The law of Ukraine “On public procurements” provide that complaints have to be appealed to the appealing authority not later than 10 days starting with a day, when an appealer found out or had to find out about the violation of his right or legal interests by the made decision, action or inaction by customer, general customer, but till the day of entry into an agreement of procurement.
Besides, the date of complaint registration in the appealing authority is considered to be the date of appealing of complaint in appealing authority by appealer.
So, the complaint of TOV P Karbolain was appealed with a violation of terms provided by the law of Ukraine “On public procurements”.
The complainant TOV P Karbolain pay for filing a complaint to the body of appeal. But, violation of terms of complaint is the reason for leaving the complaint without consideration.
In accordance to this, on the 01.11.2016, the body of appeal leaved the complaint of TOV P Karbolain without consideration.
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