Transparency International Ukraine Supports the Actions of AMCU Aimed At Protection of Competition in Public Procurement

On November 29, Prime Minister of Ukraine Volodymyr Groisman criticized the Antimonopoly Committee of Ukraine. The reason for this was the decision of the Collegium on Handling Complaints about Violations of Legislation in Public Procurement to cancel the procurement of scanners by the State Fiscal Service.

TI Ukraine’s experts on public procurement have analyzed the aforementioned procurement and provide their conclusions on the issue in question.

Overall, there have been four attempts to procure scanners for the SFS.

One of the tenders was announced on July 4. 4 companies submitted their proposals. One of the rejected participants addressed the AMCU with a complaint. In the course of review, the AMCU established that the tender proposal of the applicant did not comply with SFS’s requirements. Thus, the Antimonopoly Committee confirmed that the decision to reject the proposal was fair. However, the reasoning about another participant of the procurement was taken into account as well – the AMCU Collegium established that the proposal did not comply with the requirements of the customer and had to be rejected. After that, the AMCU obliged the SFS to cancel the procurement. We believe this decision to be fair and AMCU’s actions to be exclusively within the limits of their authority established by the Law “On Public Procurement.”

In the next procurement, the participant who had complained before addressed the AMCU again concerning discriminatory requirements established by the customer. However, the complaint was not handled due to violations of procedure of its submission. Thus, the AMCU’s actions in this case did not interfere with procurement in any way either. 

Overall, in three out of four cases, the procurement of scanners did not take place due to rejection of all participants by the customer without any actions on the AMCU’s part. In the fourth case, the Collegium’s decision was reasonable and lawful.

It should be noted that Transparency International Ukraine recognizes the overall effective and consistent work of the AMCU Collegium on Handling Complaints about Violations of Legislation in Public Procurement.

Earlier, the team of DOZORRO wrote that lately, media had been interpreting the results of AMCU Collegium on Handling Complaints about Violations of Legislation in Public Procurement wrongly, just like the functions of the ProZorro system connected with appealing decisions, and remarked progress in the Collegium’s work.