The story of one purchase, "ViK" does not give up
Since 2017, our company has been actively fighting for the reconstruction of the duker in the microdistrict. Salt across the river Ingul M. Nikolaev, during which we, as a participant, have to deal with discrimination, as well as not an objective assessment by the customer.
| Customer: City commnal enterprise "Nikolaevvodokanal" | |||||||
| Purchase at he facility: Reconstruction of the duker in microdistrict. Salt across the Ingul River, 2 strings Du= 500mm. The total lenght of 704 m. | |||||||
| № |
Announcement date |
Expected cost, UAH VAT included |
Members | Amount of offer UAH VAT included | Customer decision | Notes | Appeal funds spent UAH |
| 1. | 08.09.2017 | 28 528 000,00 | TOV "VIK TECHNOLOGIES" | 21 824 813,33 |
Recognized Winner LLC "BUDMIR"
(The decision was made, despite the non-compliance of the bidder with the conditions of the tender documentation, as well as the presence of debt to the budget)
|
ViIK TECHNOLOGIES LLC filed a complaint with the Antimonopoly Committee of Ukraine (AMCU) of the customer’s decision. The complaint is satisfied, the decision of the Customer is canceled. Customer actions after the decision of the antimonopoly committee: Cancellation of tenders
Reason for cancellation: In accordance with paragraph 3 of Part 1 of Art. 31 of the Law because of the impossibility of eliminating violations arising from identified violations of the law on public procurement.
. Also, in this procurement the collusion of participants was recognized, namely: On January 28, 2020, the AMCU adopted decision No. 60/2-r / c, according to which the actions of LLC BUDMIR and LLC D-GROUP ENGINEERING were recognized as a violation, which is provided for in paragraph 1 of Art. 50 and paragraph 4 of part 2 of article 6 of the Law on the Protection of Economic Competition, in the form of
anticompetitive concerted actions regarding distortion of bidding results during participation in the procurement procedure. According to the decision, LLC “BUDMIR” and LLC “D-GROUP ENGINEERING” were fined UAH 68,000.00. for each |
15 000,00 |
| TOV "A PLUS BUD" | 26 977 000,00 | ||||||
|
TOV "D-GROUP ENGINEERING"
|
28 425 000,00 | ||||||
| TOV "BUDMIR" | 28 350 000,00 | ||||||
| 2. | 24.04 2018 | 28 528 000,00 | TOV "VIK TECHNOLOGIES" | 22 665 331,56 | Discrepancy of the proposals of the participants is recognized
|
ViK TECHNOLOGIES LLC filed a complaint about discriminatory conditions of tender documentation. By the decision of the Antimonopoly Committee of Ukraine, the complaint was satisfied. Among other discriminatory conditions, one can highlight the fact that the Customer in his tender documentation noted excessively large installation requirements for horizontal directional drilling with a pulling force of 76 tons, which limited the right to participate in the procurement procedure for business entities that can perform the specified work with horizontal directional drilling rigs with appropriate characteristics for this. According to the conclusions made by qualified specialists of the SE “Research Institute of Building Production” based on the results of the relevant calculations, these works can be carried out by installing the GSB with a pulling force of only up to 10 tons. That is, these works do not require attracting such a powerful GSB installation, which the Tender documentation needs in the tender, having established a requirement for the pulling force of the GSB installation of at least 76 tons. It should also be noted that the discriminatory technical specifications indicated in the tender documentation were met by the same ROBBINS GSB installation, which was present on a rental basis, at LLC BUDMIR, LLC KSK-UKRAINE, LLC D-GROUP ENGINEERING
|
15 000,00 |
| TOV "KSK-UKRAINE' | 28 526 710,13 | ||||||
| 3. | 09.08 2018 | 28 528 000,00 | TOV "VIK TECHNOLOGIES" | 22 428 217,61 |
Recognize winner TOV"BUDMIR" |
1. ViK TECHNOLOGIES LLC filed a complaint about discriminatory conditions of tender documentation. By the decision of the Antimonopoly Committee of Ukraine, the complaint was satisfied. Among other discriminatory conditions, one can highlight the condition that “as part of the tender offer, the participant provides a Conclusion on the conformity of the guarantee provided by the Tender Participant with the requirements of the Unified Rules for On Demand Guarantees (URDG 758) in the ICC 2010 edition, which is issued free of charge by ICC Ukraine . Offers are not accompanied by documentary evidence. providing the tender offer security, confirmation of the bank guarantee coverage and other documents stipulated by the requirements of this clause of the tender documentation are rejected by the Customer.
It should be noted that this organization was created by private individuals and there is no relation to a state institution.
2. ViK TECHNOLOGIES LLC filed a complaint with the AMCU of the customer’s decision. The complaint was satisfied due to the non-compliance of the offer of BUDMIR LLC with the tender documentation, the decision of the Customer was canceled.
|
30 000,00 |
| TOV "KSK-UKRAINE" | 28 512 446,13 | ||||||
| TOV "BUDMIR" | 27 800 000,00 | ||||||
| 4. | 24.01.2019 | 28 528 000,00 | TOV"VIK TECHNOLOGIES" | 22 559 753,11 | Winner recognized TOV "BUDMIR" |
ViK TECHNOLOGIES LLC submitted a requirement to the Customer on the terms of the tender documentation, rather by the Customer and amended the terms of the tender documentation. ViK TECHNOLOGIES LLC filed a complaint with the AMCU of the Customer’s decision. The complaint is satisfied, the Customer is obliged to cancel the procurement procedure.
|
30 000,00 |
| TOV"BUDMIR" | 28 523 823,83 | ||||||
| 5. | 02.08 2019 | 28 528 000,00 | TOV "VIK TECHNOLOGIES' | 24 434 344,31 | The purchase did't go well | - | - |
| 6. | 22.10 2019 | 28 528 000,00 | TOV "VIK TECHNOLOGIES" | 25 920 576,10 |
Cancellation of the purchase by the customer.
Reason for cancellation:
According to para. 3 p. 2, Art. 31 of the Law of Ukraine “On Public Procurement”, the Customer has the right to declare the auction void in the event of a reduction in the cost of procuring goods, works and services.
|
ViK TECHNOLOGIES LLC filed a complaint about discriminatory conditions of tender documentation. By the decision of the Antimonopoly Committee of Ukraine, the complaint was satisfied. Among other discriminatory conditions, the Customer has established the requirement to provide a participant with a document on training (advanced training) for an operator operating a horizontal drilling rig issued by the drilling rig manufacturer or authorized by the manufacturer to do so,
and even more so the provision of confirmation of authority in the form of a power of attorney (power of attorney) issued by the manufacturer to the Authorized Person, a copy of the contract or extract from the contract between the manufacturer and the Authorized Person, confirming the authority of the Authorized Person to provide a document on training (advanced training) on these issues. The complaint is satisfied and the Customer is obliged to make appropriate changes to the conditions of the tender documentation. 15,000.00
|
0,00 |
| TOV "BUDMIR" | 28 520 000,00 | ||||||