The Ukrainian energy sector experiences permanent blows from Russia almost every day. The goal of the aggressor state is clear - to disable the energy industry of Ukraine and cause maximum damage to the economy.
Against the backdrop of these events, there is an obvious need for Ukraine to focus all efforts on preserving the energy industry, which, in turn, involves the effective use of available budgetary resources. However, even the war did not force public sector companies to change their approaches to spending budget resources. The principle “state funds are a feeding trough for our own” still reigns there.
Since the introduction of the public tendering system in the field of procurement, state-owned enterprises have constantly made attempts to circumvent the law in the interests of their “correct” contractors.
Thus, over the past six months, a new favorite has probably appeared on the Ukrainian gas market, which has begun to have suspicious luck in government procurement. This is LLC “Research and Production Enterprise “Energy-Saving Measuring Technologies”.
In January of this year, the state-owned joint stock company Gas Distribution System Operator Poltavagaz announced open tenders for the purchase of gas meters with a starting price of 40.6 million hryvnia.
As a rule, if open tenders are held truly and honestly, then several participants take part in them, and by the fact of their competition at the tenders they reduce the planned initial procurement budget by 10-15-20%. As a result of open bidding, state-owned enterprises pay less, that is, they save budget funds. However, as it turned out, within the framework of these tenders, the tender requirements were most likely registered under the LLC “Research and Production Enterprise “Energy Saving Measuring Technologies”.
One of the potential bidders complained that Scientific and Production Enterprise Energy Saving Measuring Technologies LLC is the only supplier of gas meters with an option for the center-to-center distance between the connecting fittings, 100 mm, and asked to separate the purchase of equipment into separate lots according to the options for the center-to-center distance distances between connecting fittings with mandatory indication of quantitative parameters of equipment for each standard size of equipment.
But the customer (JSC Gas Distribution System Operator Poltavagaz) refused to make appropriate changes to the tender documentation, which ensured Scientific and Production Enterprise Energy Saving Measuring Technologies LLC an uncontested victory at the auction.
The success of Energy Saving Measuring Technologies does not end there.
In April of this year, the state-owned Gas Distribution Networks of Ukraine LLC (owned by NJSC Naftogaz of Ukraine) announced simplified tenders for the purchase of membrane gas meters with an expected cost of almost 55 million hryvnia (tender number in Prozorro - UA-2024-04-10-012022 -a )
In this case, the tender documentation was again registered for the participant “Energy-saving measuring technologies”.
By the way, in our opinion, “Gas Distribution Networks of Ukraine” announced not open, but simplified tenders solely so that not a single participant could challenge the tender in the AMCU, since in this case it is impossible to appeal either the tender documentation, or the selection of the winner, or the illegal rejection “not your own” participant. Just nothing!
One of the potential bidders complained three times that of all the available possible manufacturers of gas meters, only the manufacturer LLC Research and Production Enterprise Energy Saving Measuring Technologies has a design feature included in the requirements - the value of the nominal cyclic gas volume at the level of 2.2. At the same time, according to Appendix 3 to the tender documentation, the requirement is established that all meters must be from the same manufacturer.
Taking into account the above, the participants in this case had to submit an offer for all items of goods provided for by the technical specifications, exclusively from the LLC Research and Production Enterprise Energy Saving Measuring Technologies, which gives rise to unfair competition and a monopoly in the market for the supply of gas meters.
In addition, the draft agreement, which is Appendix 5 to the tender documentation, establishes: “the supply of Goods (batch of Goods) under this Agreement is carried out by the Supplier within 30 (thirty) calendar days from the date of receipt of the relevant application from the Buyer.”
This condition does not specify what quantity of goods will be supplied. Thus, according to the application, the Buyer may require either part or the entire assortment at once. The scope of supply in accordance with the subject of purchase is 39,398 meters. Only the supplier who already had it could supply all the products in such a short time.
However, neither suppliers nor manufacturers have such a quantity of goods in stock in advance; they do not purchase or produce them either in Ukraine or in Ukraine. especially abroad. By forming a requirement regarding the volumes and delivery time in this manner, Gas Distribution Networks of Ukraine probably provided in the contract an unfulfilled condition in advance or deliberately included in the contract provision a lever for manipulating the winning supplier.
Gas distribution networks of Ukraine refused to make the appropriate changes to the tender documentation, which ensured LLC Research and Production Enterprise Energy Saving Measuring Technologies an uncontested victory at the auction.
As stated above, the founder of the company “Gas Distribution Networks of Ukraine” LLC is the subsidiary company “Gas of Ukraine” NJSC “Naftogaz of Ukraine”.
Despite the fact that this Customer was created by Naftogaz recently, it seems to us that it is already trying to prescribe tender documentation for its predetermined participants - such as LLC Research and Production Enterprise Energy Saving Measuring Technologies. This participant, not feeling competition at the auction, provided the state with a discount of “as much as” 1.5% of the expected starting cost. Not exclusively, if there was real competition at the auction, the state could save millions of hryvnia, which are so necessary now to support the Armed Forces.
Thus, intentionally or unintentionally ensuring the absence of competition in bidding, the state-owned “Gas Distribution Networks of Ukraine”, as there is reason to believe, are actually causing damage to the state, trying to push through their supplier, as JSC “Gas Distribution System Operator” did in turn. Poltavagaz ".
In the near future, most likely, we should expect another state tender issued by officials under the LLC “Research and Production Enterprise “Energy Saving Measuring Technologies”. Although it would be more logical to expect a reaction from NABU or the SBI and check for possible collusion and daring playing along by one company.
