Легкові автомобілі Cars

According to Part 1 of Art. 3 of the Law of Ukraine "On Public Procurement" (hereinafter referred to as "the Law") public procurement is carried out on the principles of openness and transparency at all stages of procurement and non-discrimination of participants. According to Part 3 of Art. 5 and Part 4 of Art. 22 of the Law, the Customer may not impose discriminatory requirements on bidders and the tender documents should not contain requirements that restrict competition and discriminate against bidders. We believe that the tender documentation of the bidding data (hereinafter referred to as "TD") was made in violation of Art. 3, 5, 22 of the Law and other normative legal acts for the following reasons. The tender documentation of the Customer is discriminatory with respect to the car specifications as defined in Appendix 1 "Technical Requirements", since these specifications are exclusively for a specific car brand, namely the Toyota Camry. All the specifications listed in Annex 3 of the TD are those that are exclusively Toyota Camry and do not have the opportunity to offer an equivalent. Only specific units of measurement for each characteristic are specified, with no "not less" or "no more". For example, engine capacity (2494cm), full weight (1555kg), length / height / width (4885/1455 / 1840mm), and more. We, as a Potential Participant, are deprived of the opportunity to offer our cars due to the fact that the technical specifications of the procurement subject specified in the TD relate exclusively to the Toyota Camry, although these characteristics can not significantly affect the basic function of the car, namely the use of the Constitutional To the court of Ukraine. We believe that the establishment by the Customer of the characteristics of a specific car brand is an abuse by the Customer and a violation of the principles set out in Article 3 of the Law of Ukraine on Public Procurement, such as fair competition among participants, maximum cost savings and efficiency, openness and transparency at all stages of procurement, non-discrimination of participants, prevention of corruption and abuse. A similar position of the Antimonopoly Committee of Ukraine is stated in the decision of AMCU № 2735-p / pc-pz dated 12.03.2019, made during the consideration of the complaint under the procurement procedure UA-2019-01-25-001170-c. In view of the above, we require changes to the tender documentation, eliminating from the documentation discriminatory requirements regarding the technical characteristics of the procurement subject.