Номер:
5d0f0842c3b44bc0b5eed7c289605508
Пов'язаний елемент:
Закупівля
Дата опублікування:
24.03.2026 16:20
Опис:
A potential bidder believes that certain technical and qualification requirements of the tender documentation, taken together, may lead to an unjustified restriction of competition and the actual limitation of participation by Ukrainian shipbuilding enterprises.
First of all, this concerns the requirement that the vessels must be designed and built in accordance with the rules of a classification society that is a member of IACS. Such an approach does not take into account the structure of the Ukrainian shipbuilding market, where a significant number of vessels built by domestic shipyards were constructed under the supervision of the Shipping Register of Ukraine. Although the Shipping Register of Ukraine is not a member of IACS, the relevant experience in ship construction, technical supervision, and commissioning of vessels is still relevant for confirming the bidder’s technical capability.
In addition, during martial law Ukrainian shipbuilding enterprises have been operating under extremely difficult conditions: disrupted production chains, complicated logistics, a reduced volume of new contracts, and postponement or cancellation of a number of orders. In this context, the requirement to confirm experience exclusively through projects associated with IACS classification societies creates an advantage for a narrow circle of participants and does not allow for a full assessment of the actual production, engineering, and design capabilities of Ukrainian shipyards.
Particular attention should also be paid to the financial criterion requiring confirmation of a minimum average annual turnover for 2023–2025 for Lot 1 in the amount of at least USD 12 million. For Ukrainian enterprises operating under the conditions of full-scale war, such an indicator may be objectively unattainable not because of the lack of production or technical capacity, but because of wartime circumstances that have directly affected the number of contracts, the timing of their execution, receipt of payments, export opportunities, and the overall volume of sales. As a result, this requirement may fail to reflect the actual ability of an enterprise to perform the future contract and may effectively exclude participants that have the necessary production facilities, personnel, engineering experience, and material and technical base.
In addition, the requirement to submit the tender proposal and all supporting documents in English significantly complicates the participation of Ukrainian enterprises. A substantial part of the technical documentation available to domestic shipbuilding companies, including specifications, general arrangement plans, drawings, class documents, and other materials related to previously built vessels, is prepared in Ukrainian. Translating these documents into English requires additional time, significant costs, and the involvement of specialized translators with technical and maritime qualifications. In the absence of sufficient time for such translation, or the possibility to submit part of the documents in the original language with translation of the key sections only, this requirement creates an additional barrier that is not directly related to the bidder’s ability to perform the subject matter of the procurement.
It is also excessively burdensome to require proof of similar experience only through narrowly defined types of vessels. It would be advisable to allow confirmation of experience through the construction of other self-propelled vessels of comparable complexity or greater complexity, including vessels built for the enterprise’s own needs, provided that such vessels correspond to comparable technical characteristics and level of complexity.
In view of the above, we kindly request that certain provisions of the tender documentation be revised and that a more flexible, objective, and competitive mechanism for confirming the technical and financial capacity of bidders be introduced, taking into account the actual condition of the Ukrainian shipbuilding industry during martial law, namely:
To provide for the possibility of constructing the vessels under the supervision of the Shipping Register of Ukraine or another classification society with which the bidder’s prior experience confirms its technical capability.
To allow confirmation of similar experience through the construction not only of maritime tugs and pilot boats, but also of other similar or more complex self-propelled vessels.
To revise the requirement regarding the minimum average annual turnover for 2023–2025 for Lot 1 by reducing it to USD 4 million, or to provide alternative ways of confirming the bidder’s financial capacity.
To allow the submission of documents in Ukrainian, or to provide for the possibility of submitting documents in the original language with translation of the key parts into English.
To provide for the possibility of confirming experience through vessels built for the enterprise’s own needs, provided that they are comparable in technical complexity.
Відповідь:
Thank you for your request. The answer has been provided in a separate file titled "Clarification_3_RFQ_RLNC_USPA_E_2", published in the Documents section.
Дата відповіді:
13.04.2026 10:20