On May 6, 2016, the municipal enterprise Odesgorelectrotrans, following a tender held on April 28, 2016, accepted a bid from the subsidiary enterprise "Automotive Assembly Plant No. 1" of the public joint-stock company "Automobile Company Bogdan Motors" for the purchase of five new trolleybuses. The cost of the trolleybuses was UAH 26,550,000.00.
A total of three enterprises took part in the competitive bidding, namely: Subsidiary Enterprise “Automotive Assembly Plant No. 1” of the Public Joint Stock Company “Automobile Company Bogdan Motors”, LLC “NTP STG Engineering” and LLC “Joint Ukrainian-German Venture” “Electrotrans”.
The lowest price was offered by NTP STG Engineering LLC - UAH 17,550,000.00, which was UAH 9,000,000.00 less than the bid of the winning bidder.
The proposal from NTP STG Engineering LLC was rejected because the participant specified independent front suspension for the trolleybus in the technical part of the proposal, while the certificate of conformity indicated dependent front suspension for the trolleybus.
The law establishing the rules for conducting tenders provides for the customer to request additional information from any of the bidders. The law provides a twenty-day period for a detailed analysis of the bidders' proposals and the receipt of such information. Thus, the customer could contact the bidder to obtain additional information about the completeness of the offered trolleybuses in accordance with the tender documentation, as well as to obtain any missing certificates.
Moreover, it's worth noting that there are no standards in Ukraine that require public transport manufacturers to install independent suspension on trolleybuses. Therefore, the requirement to provide a certificate for trolleybuses with independent suspension may be discriminatory and anti-competitive, suggesting that the tenders were tailored to a specific participant and that the bidding results were known to the customer in advance.
To prevent the loss of public funds and the existence of discriminatory and anti-competitive tender conditions, the public organization "Rule of Law" appealed to the competent authorities of the Odessa region, as well as to the tender customer, demanding an investigation into the illegal actions of officials, the prosecution of those responsible, and the termination of the contract.
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