The open data in the ProZorro system have enabled us to systematically organize information in a simple way in order to uncover systematic collusions in procurement activities. This is what the Director of the innovative projects programme of Transparency International Ukraine, Viktor Nestulia, told the public during the presentation of the ‘Texty.org.ua’ research entitled ‘What is Concealed In Government Procurement Tenders?‘. More specifically, it is possible to identify the two following types of collusions:
- bidder-with-bidder collusion
- customer-with-bidder collusion
Viktor Nestulia illustrates this point using several recent examples from the monthly reports of Transparency International Ukraine:
TzOV Zentrnaftohaspostach made 150 bids in February, which amounted to 254 million UAH, and did not win once. The company performed as a supernumerary in November, December and January as well. Every month it would make hundreds of bids and pay 1700 UAH for each of those and every month it would fail’.
The expert suggests that the companies which provide Ukraine with gas are intentionally turning to the company Zentrnaftohaspostach in order for the formal requirements of Ukraine’s laws to be satisfied. According to European and Ukrainian legislation, the gas market is to be competitive and therefore at least two companies have to take part in the procurement process.
According to the representative of TI Ukraine, during the last week alone, lawyers directed to various customers 75 enquiries about suspected costumer-with-participant/ customer-with-bidder collusions. These enquiries contained one question:
‘Could you, please, provide us with information on how, based on the reports on concluded contacts, you choose winners and select providers which have never participated in tender competitions through the ProZorro system and which have hardly ever made tender offers to other customers?’
According to Nestulia, the above-mentioned information suggests that some customers give preference to specific providers who can ”spend” up to 10% from such customers’ budgets.
The Director of the Innovative Projects Programme of Transparency International Ukraine called on everyone who uncovers such collusions, or has a suspicion concerning one, to report the cases on the DOZORRO monitoring portal. Thus, the information on these cases will be included in the database for the further development of the automatic hazard indicators.
