13:12 17.10.2014

Competition agency denies Ukrzaliznytsia's accusations of unlawfulness agency's decisions on tenders

2 min read
Competition agency denies Ukrzaliznytsia's accusations of unlawfulness agency's decisions on tenders

The Antimonopoly Committee of Ukraine has denied accusations of the State Railway Administration of Ukraine (Ukrzaliznytsia) of making unlawful decisions on Ukrzaliznytsia's tenders to buy property appraisal services and coal.

According to a report of the committee, on October 8, 2014, the committee received a claim from Teploholding LLC on setting discriminative requirements in the tender documents for the purchase of coal by state enterprise Ukrzaliznychpostach.

The committee said that claims regarding tender documents could be submitted in any time after the publication of the announcement on the holding of the tender, but no later than the term set for the submission of tender bids and the bids were to be opened on October 9.

"The Antimonopoly Committee of Ukraine as an agency of appeal has no legal grounds not to accept the claim of Teploholding LLC. The claim was accepted and the tender procedure was suspended until the decision on the claim is made," the committee said.

The committee also said that due to the fact that the bids were to be opened in a day, the suspension of the procedure allowed Ukrzaliznytsia to make changes to the procedure and continue it with the minimum delay.

The committee employees on October 8 sent a copy of the claim, a copy of the decision on the acceptation of the claim and a request to present information and materials on the claim to Ukrzaliznychpostach. On October 9 in the morning the information was repeatedly sent to the state enterprise.

"The distance between the division of Ukrzaliznychpostach pointed in the announcement on the holding of the tender and the committee is one kilometer, but the documents on the claim from Ukrzaliznychpostach arrived to the committee only on October 16," the committee said.

On September 19, 2014, the committee after considering a claim of Ukrbusinessconsulting made a decision obliging Ukrzaliznytsia to cancel the tender to appraise property, including ownership rights and state stakes with the purpose of forming the charter capital of public joint-stock company Ukrainska Zaliznytsia.

"The ground for making the decision was revealing of infringements by the tender-holder – the establishment discriminative requirements in the tender documents," the committee said.

Ukrzaliznytsia filed a claim to court to declare the decision illegal. The hearing on the case has been postponed for October 27.

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