On April 15, 2015, the Social Protection Fund for Persons with Disabilities of the Ministry of Social Policy of Ukraine accepted the proposal of the subsidiary company "Yug-Kurort-Service" to provide spa treatment services to individuals and accompanying persons with Group I disabilities (Lots No. 17 and No. 18) from sanatoriums and other health facilities in the southern region. The cost of services will be UAH 1,955,772.00.
The Gorky Clinical Sanatorium, a subsidiary of the Closed Joint-Stock Company of Medical and Health Institutions of the Trade Unions of Ukraine, Ukrprofzdravnytsia, also participated in the competitive bidding, offering its services for the aforementioned lots at a price 265,914.00 UAH lower. However, its bid was rejected by the bidder.
The Competitive Bidding Committee rejected the more advantageous offer because the submitted documentation of the State Enterprise "Gorky Clinical Sanatorium" specified the validity period of the offer as 90 days, while the tender documentation specifies 90 WORKING days, despite the fact that paragraph 10, part 2, article 22 of the Law of Ukraine "On the Implementation of Public Procurement" provides for a period during which competitive bids are considered valid for at least 90 days (the word "working" is missing).
The Social Protection Fund for the Disabled, in rejecting the proposal of the Gorky Clinical Sanatorium, also indicated that the list of services provided allegedly does not meet the requirements specified in Appendix No. 4 of the tender documentation, without specifying in what part of the treatment services the requirements are not met.
It is outrageous that the Yug-Kurort-Servis subsidiary has a charter capital of 1000 hryvnias and lacks the necessary material and technical resources to treat individuals with disabilities requiring special care. According to the ruling of the Odessa Regional Commercial Court dated February 8, 2011, in case No. 30-15/104-08-2468, the Orizont sanatorium (which Yug-Kurort-Servis presents as its own) belongs to another company, and its legal address is a dilapidated 16-story building.
Despite this, the Social Welfare Fund for the Disabled entrusted the treatment of disabled people to the Yug-Kurort-Service State Enterprise, turning a blind eye to the proposal of the Gorky Clinical Sanatorium State Enterprise, which provides a full range of treatment services. The sanatorium's grounds are a monument to soda-park art, and their price offer was also the lowest.
Thus, for only two lots regarding the provision of services for spa treatment of disabled people and accompanying disabled people of group I in the southern region (lots No. 17 and No. 18), the Social Protection Fund for Disabled People will overpay UAH 265,914.00, which will entail additional costs from the budget in the form of subsidies.
Following the rejection of a cost-effective bid, the public organization "Rule of Law" contacted the customer of the tender, as well as the competent authorities, with the aim of conducting an investigation into the legality of the actions of the officials of the competitive bidding committee and canceling the tender.
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