Complainee: The Antimonopoly Committee of Ukraine (AMCU)
Complaint in brief: A store trading in LED lighting approached the Business Ombudsman Council. The company complained that it had been disqualified from the auction held by the Velykooleksandrivska village council of Kyiv Oblast. Purchasing of luminaires and lighting fixtures were made through Prozorro electronic public procurement platform. A tender bid was rejected because there was no lighting design in Dialux program among the documents. The company disagreed with the customer’s decision and asked to re-examine the company’s bid. However, the customer had already chosen his winner. At this stage, the Council started investigating the company’s complaint.
Actions taken: The investigator found the complaint substantiated. The Council recommended that the AMCU provide a full, comprehensive and impartial hearing on the LED lighting store case. As a result of the investigation, it became clear that the company-winner’s lighting design did not meet state construction regulations in accordance with the requirements of the customer. In particular, it turned out that the selected supplier’s bid did not include a luminaire that had allegedly been tested according to the protocol.
Result achieved: The AMCU reviewed tender results and obliged the customer to cancel the decision to recognize the previously selected company as the tender winner. The case was successfully closed.
