«Libertarian Lawyers Group»
in the field of Public Procurement

• Requirement of illegality: rejection due to the lack of documents confirming the verification of the pyrometer.

Result: satisfied.

• Illegality requirement: rejection due to uploading a certificate of employee availability is not in the format set by the TH (but it is also possible to establish the presence of employees from other documents).

Result: satisfied.

• Requirement of illegality: rejection due to the provision of the original document, instead of its certified copy; the requirement of certification applies only to copies of documents.

Result: satisfied.

• Request for illegality: rejection due to failure to submit an application under the agreement with a copy of a similar agreement (submission not in full).

Result: satisfied.





Other wins:

• Substantiation of the legality of the Customer's claim regarding: rejection of the Bidder due to non-compliance of the certificate on non-application of sanctions with the legislation specified by the Customer in the Tender Documentation.
  
  Result: satisfied

• Claim for illegality: cancellation of the purchase, due to the unreasonable lack of necessity by the Customer.
  
  Result: satisfied

• Illegality requirement: rejection due to non-submission by the Bidder of a license in the procurement for which it is not required by law.
  
  Result: satisfied

• Requirement of illegality: the Customer's decision to reject the TP on the grounds of failure to eliminate discrepancies. At the same time, the requirement to eliminate them did not meet the requirements of the Law: it did not contain a list of shortcomings and a clear way to eliminate them.
  
  Result: satisfied

• Substantiation of the legality of the Customer's claim regarding: rejection of the Bidder due to non-compliance of the certificate on non-application of sanctions with the legislation specified by the Customer in the Tender Documentation.

Result: satisfied

• Claim for illegality: cancellation of the purchase, due to the unreasonable lack of necessity by the Customer.

Result: satisfied

• Requirement on illegality : rejection due to non-submission by the Bidder of a license, the procurement for which it is not required by law.

Result: satisfied

• Requirement on illegality : illegal admission to the auction of Bidders whose digital signature does not meet the requirements of the Bidding Documents in this part.

Result: satisfied

• Requirement of illegality: rejection due to the lack of documents confirming the verification of the pyrometer.

Result: satisfied.

• Illegality requirement: rejection due to uploading a certificate of employee availability is not in the format set by the TH (but it is also possible to establish the presence of employees from other documents).

Result: satisfied.

• Requirement of illegality: rejection due to the provision of the original document, instead of its certified copy; the requirement of certification applies only to copies of documents.

Result: satisfied.

• Request for illegality: rejection due to failure to submit an application under the agreement with a copy of a similar agreement (submission not in full).

Result: satisfied.

• Requirement for illegality: rejection of the Tender Offer due to the provision of a VAT payer's certificate or a single tax by a new payer who submitted an application for registration as a VAT payer, but at the time of submission has not yet acquired the status of a VAT payer; admission to the auction if a certificate is not provided (within 24 hours to eliminate inconsistencies a certificate is submitted as lost).

Result: satisfied, obliged to cancel the decision on illegal rejection of the applicant's Tender Offer and the decision on illegal admission of another participant.

• Requirement for illegality: rejection of the Tender Offer due to the provision of documents in Russian language on the basis of non-compliance with the requirements established by paragraph 1 of Part 3 of Article 22 of the Ukrainian Law for a participant in accordance with the legislation.

Result: satisfied, obliged to cancel the decision on admission.

• Requirement of illegality: discriminatory rejection of the participant Tender Offer on the grounds of a formal mistake when another participant with a document of identical content is allowed to participate in the auction.

Result: satisfied, obliged to cancel the decision on admission.

• Requirement for illegality: determination by the winner of the procurement procedure in the absence of integral parts of the contract, a certificate of recognition of measurement capabilities, information on the acceptance by the authorized body of financial statements for 2019.

Result: satisfied.

• Requirement of illegality: admission to the auction of three tender proposals, in which participants offered pipe keys КТДУ-60, КТДУ-73 instead of the pipe key КТДР 60/73.

Result: satisfied.

• Requirement of illegality: admission to the auction of a tender offer, as part of the documents of which a certificate of conformity is provided, which confirms verification only of certain requirements of the СОУ 42.1-37641918-116:2014, and not full compliance.

Result: satisfied.

• Requirement for illegality: admission to the auction of a tender offer in the documents of which there are no certificates of durability testing for red and black paint other than white, which are necessary for use in accordance with the terms of reference.

Result: satisfied.

• Illegality requirement: admission to the auction of a tender offer in which the bank guarantee is not valid from the date of issue.

Result: satisfied.

• Illegality requirement: rejection due to a technical mistake in a document that was not required by the customer to be submitted as part of the Bidder's tender offer.

Result: satisfied.

• Requirement for illegality: rejection due to failure to submit scanned copies of the local estimate calculation with the calculation of a single cost, calculation of the contract price and supporting calculations for items of expenditure of the contract price, calculation of estimated wages.

Result: satisfied.

• Request for illegality: rejection due to failure of providing a letter with the form of ownership of the participant or manufacturer of the goods as part of the Tender Offer Documents.

Result: satisfied.

• Requirement of illegality: rejection due to improper, in the opinion of the customer, justification of the abnormally low price of the tender offer.

Result: satisfied.

• Requirement for illegality: rejection due to non-completion of the reconciliation report of mutual settlements on the part of the Buyer under a similar agreement.

Result: satisfied.

• Requirement for illegality: deviation due to the difference of one letter in the employee's last name in the certificate of availability of employees and the employment record (formal mistake).

Result: satisfied.

• Requirement for illegality: deviation due to the difference between one letter of the vehicle registration number in the certificate of registration and in the lease agreement (formal mistake).

Result: satisfied.

• Requirement for illegality: rejection due to the fact that the participant in the certificate of a similar contract did not specify one of the types of work defined by the customer as the main one, but the acts of acceptance of the completed works confirmed the presence of experience in performing such work by the participant.

Result: satisfied.

• Illegality requirement: rejection due to the fact that the participant provided more than one similar contract, one of which does not meet the requirements of the TH, but the second met the requirements and confirmed the experience (at the same time, the TH established the possibility of confirming the experience by one contract).

Result: satisfied.

• Requirement of illegality: rejection due to the fact that the participant did not specify the name of the educational institution and specialty in relation to operators of machines and mechanisms (it is indicated that they did not study at the university, there was no requirement for education).

Result: satisfied.

• Requirement for illegality: rejection due to the provision of information about the presence of employees involved in the contract for the provision of services by equipment.

Result: satisfied.

• Illegality requirement: allowing a formal mistake in the list of work volumes.

Result: satisfied.

• Requirement of illegality: rejection on the grounds of providing feedback on a similar subcontracting agreement from the customer in the understanding of the law of Ukraine «On Public Procurement».

Result: satisfied.

• Requirement for illegality: rejection due to the lack of a master's degree (third) when required to confirm the presence of two Masters, diplomas were required only for engineering and technical workers (without establishing a list of such employees).

Result: the deviation on this basis was recognized as illegal.

• Requirement of illegality: deviation on the basis of making a formal mistake in the registration of certificates (indication of an extra (second) similar contract in the absence of establishing in the TH a requirement to provide more than 1).

Result: the complaint was withdrawn and the result was achieved.

• Requirement of illegality: deviation on the basis of making a formal mistake when issuing certificates (indication of extra employees in the absence of establishing a minimum number in the TH).

Result: the complaint was withdrawn and the result was achieved.

• Claim for illegality: deviation on the basis of performance of a similar contract for an amount less than its price, which the Сustomer qualified as «incomplete performance» (the difference arose due to the use of cheaper materials)

Result: the complaint was withdrawn and the result was achieved.

• Requirement for illegality: rejection due to the absence of one page in the contract confirming the right to use material and technical basis (formal mistake).

Result: the complaint was withdrawn and the result was achieved.

• Requirement of illegality: rejection due to the provision of feedback from the general contractor under a similar contract (subcontractor), the TH requirements did not contain restrictions on the submission of the subcontractor contract as a similar one.

Result: the complaint was withdrawn and the result was achieved.

• Illegality requirement: rejection due to the Customer's request for confirmation of the performance of a similar contract to a business entity that is not a party to a similar contract and has not confirmed the performance of the contract.

Result: satisfied.

• Illegality requirement: deviation due to the indication of «technical characteristics of equipment» and equipment instead of «functionality».

Result: satisfied.

• Requirement of illegality: admission of participants to the auction, whose proposals are subject to rejection, and the purchase is canceled.

Result: after submitting a complaint, the purchase was canceled by the Customer.

• Requirement for illegality: admission to the auction the participant with a certificate of indication of the winter maintenance base without specifying the kilometers of the motor road.

Result: satisfied.

• Requirement: monitoring the process of conducting an assessment for compliance with the requirements of the TH and concluding a contract:

Admission to the auction of a participant whose offer was a subject to rejection due to non-compliance with the requirement «The participant should have purchasing equipment, material and technical base and technologies»;

Conclusion of a contract with a participant who, contrary to the requirements of the TH, indicated two customer accounts in the bank guarantee to ensure the performance of the contract.

The winner of the procurement procedure in the final list of resources took into account paint from a different manufacturer than the one whose quality was confirmed by documents as part of the tender offer.

The winning participant at the stage of concluding the contract, contrary to the requirements of the TH, did not provide transport schemes for delivering materials to the object to the offer price.

In the contract price of the winner of the purchase, other related expenses are included in the amount of expenses for which the risk percentage is calculated (paragraph 6 of calculation No. 8), which contradicts the requirements of СОУ 42.1-37641918-085:2018.

Result: the customer is obliged to take measures to eliminate the identified violations in the

in accordance with the procedure established by law, in particular by terminating obligations under the agreement.

• Requirement: monitoring the process of conducting an assessment for compliance with the requirements of the TH:

Copies of appointment orders or copies of other documents confirming the presence of employees are not provided for all employees specified in the certificate.

As part of the tender offer of the participating companies, two reviews were uploaded via the electronic procurement system, which do not contain the date of their issue.

Result: the customer is obliged to take measures to eliminate the identified violations in the

in accordance with the procedure established by law.