AMCU cancels heat energy public procurement results
Subject of complaint: Special Operations Rescue Detachment of the Department of the State Emergency Service of Ukraine in Ivano-Frankivsk Oblast State Enterprise (SE)
Complaint in brief: A heat energy supplier turned to the Council with a complaint about actions of the enterprise subordinated to the State Emergency Service. The company informed about possible illegal actions of the SE in the process of public procurement.
According to the Complainant, it has been supplying thermal energy on a competitive basis to the SE since 2015, continuously and fully fulfilling its contractual obligations, even in spite of long delays in payment. In January 2019, the SE decided to hold a tender in the Prozorro system and change the energy supplier, which, is generally not prohibited. However, in the conditions description the SE indicated there was no competition in this market, so the procurement could be made only in the form of the negotiating procedure with one supplier. The buyer chose a potential partner on its own - and it was not the Complainant.
According to the Complainant, applying negotiation procedure is illegal because its existence and work experience with the buyer proves there is competition in this market. The company appealed against the procedure in the Antimonopoly Committee of Ukraine (AMCU). However, right the next day a heat energy procurement contract with the above-mentioned potential partner was published on Prozorro website.
The Complainant addressed the Council with the request to intervene and cease SE illegal actions.
Actions taken: The Council’s investigator thoroughly studied the circumstances of the case and law enforcement practice on the subject of the complaint, and as a result, upheld the Complainant’s position. The Council recommended the Antimonopoly Committee in writing to consider the company’s complaint properly and impartially. In addition, the Council’s investigator participated in the company's complaint consideration at the meeting of the AMCU Permanent Administrative Panel for Consideration of Complaints on Violation of Legislation in the Sphere of Public Procurement.
Result achieved: The Antimonopoly Committee panel accepted the Council’s arguments.Tender results were canceled. The case was closed successfully.