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Відкриті торги з публікацією англійською мовою
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Безлотова
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КЕП
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20Т-096_43130000-3 - Бурове обладнання (Пакери з ремкомплектами в асортименті)
Мова (мови), якою (якими) повинні готуватися тендерні пропозиції: українська мова
Завершена
6 433 245.55
UAH з ПДВ
мін. крок: 1% або 64 332.00 UAH
мін. крок: 1% або 64 332.00 UAH
Період уточнення:
24.09.2020 15:57 - 25.10.2020 01:00
Відповідь надана
About the experience of supply
Номер:
68a94047184a4c8eb54466aec4aee147
Дата опублікування:
02.10.2020 15:21
Опис:
Our company has an intention to take part in this tender procedure. But unfortunately we have found a clause in tender procedure that restraints our company from taking part in in this procedure. According to paragraph 1.1, of Annex №2 of the tender documentation it is obligatory to provide letter that confirms the experience of service packer supply. According to paragraph 1.2, of Annex №2 of the tender documentation it is obligatory to provide a scan copy of supply contract that confirms the experience of service packer supply indicating the name, registration code, address and contact phone number of the customer. According to paragraph 1.3, of Annex №2 of the tender documentation it is obligatory to provide a scan copy of the letter of review that confirms the experience of service packer supply. Our company has been supplying different types of downhole completion tools like: explosive packers, bridge plugs, cement retainers and more other pretty similar to service packers equipment throughout the years. By the conditions that ask exactly for the confirmation of experience in service packers supplies you intentionally restrain the amount of possible competitors at this bids. We kindly ask you to make an adjustment to these clauses and replace the limiting requirements with the code ДК 021:2015: 43120000-0 like it was in previous tenders. We hope for your interest to increase the amount of potential participants and to make the competition fair.
Відповідь:
“Dear Participant in a bidding process!
JSC “Ukrgasvydobuvannya” and its branches carry out activities in a particular field of business activity [ensuring transportation, distribution, storage (injection, selection) and supply of natural gas for the benefit of third parties (the Customers), natural gas production and services provision of the liquefied natural gas plant (LNG); development of Oil and Gas Fields, coal fields and types of solid fuels, oil, coal and other solid fuels].
Respectively, the purchased equipment should meet certain specific technical requirements in the Oil and Gas industry to ensure gas self-sufficiency, independence of Ukraine.
The specifics of the procurement subject under the procedure are the service packers, which are used in the Oil and Gas industry.
The Law “On Public Procurement” (hereinafter- the Law) does not contain a definition of the similarity (like-for-like) of the Сontract, but at the same time Article 16 comprises an imperative norm regarding the Participant's documented and confirmed experience on performing a similar (analogy) by the SUBJECT of procurement of the Contract (contracts). This Law defines the subject of procurement of goods as “products, objects, facilities of any kind and purpose, including raw materials, products, equipment, technology, items in solid, liquid and gaseous state” (paragraph 34, part 1 of Article 1 of the Law”. Ancillary regulations of the Authorized Body -(Ministry of Economic Development, Trade and Agriculture of Ukraine), (MERTU) oblige Customers to indicate the specific name of the nomenclature position. Taking into account the specifics of the use of the purchased equipment, the Customer has determined a specific name of the subject of procurement in accordance with the Procedures approved by MERTU (Ministry of Economic Development, Trade and Agriculture of Ukraine) Orders # 708 and 1082. Therefore, the SUBJECT of procurement under the procedure is the service of packers provision, and not any other equipment, facilities, products, equipment, technologies or objects, and in accordance with the fourth sign of the Unified Procurement Dictionary it is 43130000-3- and it means – Drilling equipment.
It is important for the Customer to receive high-quality equipment from a reliable and experienced supplier, so in order to meet the requirements of Article 16 of the Law of Ukraine, as well as Orders 708 and 1082 of the MERTU (Ministry of Economic Development, Trade and Agriculture of Ukraine) the Customer specifies the need to have experience in supplying a similar contract to the Bidder, and the subject of the procurement, in this case, is the particular service packers, which are further will be used in the Oil industry.
Order No.082 of MERTU obliges the Customer to indicate the name and code determined in accordance with the Unified Procurement Dictionary, which the best corresponds to the name of the nomenclature item of the procurement subject. In the tender documentation of this procurement the code according to the Unified Procurement Dictionary is 43136000-5-corresponds to Equipment for Well Intervention (WI) works is defined.
Code DK 021: 2015: 43120000-0, to which the Participant refers in his inquiry, is deciphered as
Coal-cutting and tunneling, drilling or tunneling machines for coal or rock extraction”, while the Customer needs certain products- service packers for their use in the Oil and Gas industry, not in the coal industry.
Taking into account the mentioned above, in the event of a change in the requirement to have experience of a similar contract provision with the definition required from the Bidder, namely
“Coal-cutting and tunneling, drilling or tunneling machines for coal or rock extraction”, the Customer runs a risk to get equipment that does not fully meet his needs. Also, the Bidder's proposal to change the classifier code will lead to violation by the Customer of the procedure for determining the subject of the procurement, as well as discrimination against other potential Bidders who have experience in supplying equipment used in the Oil and Gas industry, but not in the Coal Industry. Therefore, the Customer's requirement in this case cannot be deemed as discriminatory.
Дата відповіді:
06.10.2020 11:38