The BOC furthers transparency of tenders

Other state regulators StateGeoCadastre Kyiv

Subject of complaint: State Judiciary Administration (SJA)
Complaint in brief: On August 22, 2017 an IT company that is the official distributor of US-made computer equipment turned to the BOC with a complaint against actions by the State Judiciary Administration (SJA).
The SJA had announced a tender worth nearly UAH 50 million for the purchase of server equipment to equip territorial administrations and courts throughout Ukraine. According to the Complainant, the tender conditions set by the SJA included requirements that violated the principles of fair competition. Firstly, the state agency set very short timeframes for providing server maintenance and support services: within 6 hours of receiving a request. Secondly, the original manufacturer of the equipment was supposed to personally confirm such support service with a matching letter of warranty. The IT company claimed that none of the top global manufacturers who were represented in Ukraine could offer such a service.
The IT company had turned to the tender committee several times with complaints about the terms and conditions, but the SJA rejected all the Complainant’s most substantive recommendations. However, the Complainant did not stop at this and filed a formal complaint with the Anti-Monopoly Committee (AMC) and turned to the BOC with a request to participate in the review of this case.
Actions taken:  The BOC investigator looked into administrative practices for resolving similar issues with the AMC. The investigator also brought to the attention of the AMC samples of court rulings in disputes related to public procurements. Based on this analysis, the BOC confirmed that the Complainant was justified in its position and recommended that the AMC satisfy the complaint.
Results achieved: With the assistance of the Council, on August 31, the AMC issued a ruling in favor of the Complainant, agreeing that the terms and conditions in the tender documents indeed violated the principles of fair competition. The AMC also required that the SJA make the necessary changes to the tender requirements. The case was successfully closed within a week.

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