On November 3, 2014, the Department of Architecture and Urban Development of the Yuzhne City Council of the Odessa Oblast, following a tender, entered into an agreement with Ukrgazifikatsiya Yug LLC to reconstruct a pressure sewer collector in Yuzhne. The transaction value was UAH 21,917,544.00.
8 companies took part in the competition:
1. State Enterprise “Bu-2” of JSC “Odestransbud”, which offered UAH 22,633,544.20 for its services.
2. NVP "TechnoCenter" made an offer for UAH 18,906,997.20.
3. LLC "Akvaspetsstroy" with a price offer of UAH 23,867,334.00.
4. Bee Line Group LLC valued its services at UAH 21,429,534.00.
5. LLC "Ukrgazifikatsiya Yug" with a valuation of UAH 21,917,544.00.
6. LLC "VKP "Valdi" made an offer for UAH 24,498,764.40.
7. OOO Invest-Montazh, which offered UAH 17,501,330.40 for its services.
8. ChP "Tekhnoenergobud" with a price offer of UAH 23,158,401.60.
The offer from Invest-Montazh, which was 4,416,213.60 hryvnias cheaper than the price offer of the future winner and the most cost-effective in this tender, was rejected by the customer because the participant did not provide a calculation of the competitive bid price on electronic media - a CD.
It is known that, under current legislation on public procurement, establishing requirements for participants that are not provided for by law is unacceptable, otherwise such conditions are considered discriminatory.
The customer, however, ignored these rules and determined the winner based not on the most cost-effective proposal, but on other criteria. As a result, the companies that priced their services at the highest rates gained access to the competition.
By violating the principles of equality, fair competition, and objective evaluation, the competition committee created conditions for overpayment of funds from the budget.
The public organization "Rule of Law" appealed to the competent authorities with a request to conduct appropriate investigations and hold those responsible accountable.
Below are the texts of the statements.
____________________________________________________________________________
Prosecutor of Odessa region
Prize to Andriy Andriyovich
65026, metro Odessa, st. Pushkinska, 3
To the Head of the State Financial Inspectorate in Odeska
region
Konev Sergiy Ivanovich
65107, metro Odessa, st. Kanatna, 83
To the Head of the GUMVS of Ukraine in Odeska
region
Katerynchuk Ivan Petrovich
65014, metro Odessa, st. Evreyska, 12
14.02.2015 p.
No. 29/02-15
STATEMENT
about the violation of legislation in the sphere of sovereign purchases
According to the information posted on the official information bulletin “Newsletter of Sovereign Purchases”, the Community Organization “Rule of Law” has learned that the Department of Architecture place of Southern Moscow for the sake of 03.11.2014 r. agreed with LLC "Ukrgasifikatsia Pivden" for the reconstruction of the sewerage pressure collector of the Yuzhne metro station from KNS No. 1 (Staromykolaivska Shosse, 22 near the Yuzhne metro station) to the BHO VAT station "Odessa Port Plant". The property has accumulated 21,917,544.00 UAH.
Number of the announcement regarding the procurement procedure No. 151960, VDZ No. 58 dated 08/06/2014.
Jerel financed the purchase at a cost to the local budget.
According to the protocol of the proposal for competitive bidding No. 5/2 dated September 16, 2014. All companies that came to the auction with available price propositions took part in the tender:
1. DP “Bu-2” VAT “Odestransbud” - 22,633,544.20 UAH.
2. NVP "Technocenter" - 18,906,997.20 UAH.
3. LLC "Akvaspetsstroy" - UAH 23,867,334.00
4. LLC "Bi Line Group" - 21,429,534.00 UAH.
5. LLC "Ukrgasifikatsia Pivden" - 21,917,544.00 UAH.
6. TOV "VKP "Valdi" - 24,498,764.40 UAH.
7. LLC "Invest-Montazh" - 17,501,330.40 UAH.
8. PP "Tehnoenergobud" - 23,158,401.60 UAH.
According to the same protocol for opening the proposals for competitive bidding, documents for the transfer of competitive bidding documentation were available to all participants in the procurement procedure. However, 10.10.2014 p. It was clear that according to the protocol for the development of competitive bidding proposals No. 5/3, the proposals of six participants no longer brought to their minds the documentation of competitive bidding, as a result of which there was a stench of tender by the Deputy Deputy Committee for a number of formal reasons.
So, for example, the proposal of LLC "Invest-Montazh", which before the speech was promoting its services at the lowest price, was eliminated due to the fact that the participant did not specify the price structure of the proposal for competitive bidding on the electronic media – CD disc.
Therefore, the proposals of only two companies were allowed to be evaluated, which at this competition presented their services at the best price, namely DP “Bu-2” VAT “Odestransbud” and TOV “Ukrgasifikatsia Pivden”.
Regardless of the fact that the sole evaluation criterion was the price of the application, the participant in the competition with the lowest price proposition was actually without any reason and was formally excluded from participation in the competition.
For the credits of Art. 16 of the Law of Ukraine “On current state procurements” Deputies for each procurement procedure establish the following qualification criteria for participants:
the presence of a material and technical base, including power production efforts and/or service centers on the territory of Ukraine;
the availability of workers of appropriate qualifications who may have the necessary knowledge and evidence;
availability of documented evidence of similar agreements;
evidence of financial capacity (balance sheet, information about financial results, information about the collapse of pennies, information from the service bank about the availability (availability) of debt for loans).
The establishment of other criteria and the provision of price breakdowns for a proposition on a CD are not required by law. And therefore, such substitutes cannot be considered important and sufficient for the participant’s participation in the purchase or to accept a valuable proposition.
By such illegal acts, the competition committee of the Management of Architecture and the location of the Southern District for the sake of violating the principles of equality, fair competition and unforeseen evaluation, which led to excessive costs sovereign funds in the amount of 4,416,213.60 UAH.
Consistent with the preamble of the Law of Ukraine “On the Development of State Procurement”, the main goal of this Law is the creation of a competitive environment in the sphere of state procurement, avoidance of corruption in this sphere, the development of good faith competition.
By ensuring the implementation of the basic principles of the sovereign's purchases, the management of goiters maximizes savings and effectively spends the sovereign's funds. The legal inheritance of the unconquered obligation is the re-exchange of sovereign funds.
The very fact that the purchase was carried out at protected prices is evidence of the manifestation of corrupt practices on the side of the townspeople, the tender committees of the deputy and the malicious ownership or service position during the time of organization and development sovereign purchases. Such illegal actions can only be carried out if it is clear that there is a relationship between the participants and negotiators of the competitive bidding.
Zgidno st. 5 of the Law of Ukraine “On ambushes and anti-corruption” the prosecutor’s office of Ukraine, special departments of the Ministry of Internal Affairs of Ukraine and the Security Service of Ukraine are now in effect protection and prevention of corruption within the limits established by the Constitution of Ukraine.
The violation of the legislation on the budgetary system of Ukraine - the abuse of budgetary funds beyond their intended purpose and the failure to respect the procedure for carrying out operations with budgetary funds, as established by the official budget legislation, will result in significant surpluses for the state. to the Ukrainian people.
It is important that the contracting of services at discounted prices is a total embezzlement of budget funds.
Zgidno st. 42 of the Law of Ukraine “On the current state purchases” for the violation of compensation established by this Law and regulatory legal acts, subdivided under this Law, members of the competitive bidding committee of the deputy (general deputy), members of the procurement body, service (posadov) individuals of the authorized body, the service (posadov) individuals of the bodies that provide treasury services to budgetary funds (service bank), are subject to the laws of Ukraine.
On the stand of the deposited item, taking care of Art. 5 of the Law “About ambushes and anti-corruption”, pp. 4, 6 Regulations on the State Financial Inspectorate of Ukraine, approved by Decree of the President of Ukraine dated April 23, 2011 No. 499/2011, Art. 5 of the Law “About the Prosecutor’s Office”,
PLEASE:
1. Conduct a review of the Department’s maintenance of the architecture and location of the Southern District for the sake of the Law of Ukraine “On State Procurement” during the conduct of tender procedures and in the event of an obvious loss of attraction wines to the highest level.
2. Dodatkovo GUMVSU near Odessa region:
Start a pre-trial investigation and attract the guilty persons to a criminal level.
Head of the Board of Directors of the State Organization “Rule of Law”
Subscribe to our channels in Telegram, Facebook, Twitter, VC — Only new faces from the section CRYPT!