AMCU asked to oblige ARMA to eliminate discriminatory requirements in competition for IDS Ukraine assets
The Geological Investment Group (GIG) filed a complaint with the Antimonopoly Committee of Ukraine (AMCU) regarding the terms of the National Asset Recovery and Management Agency's (ARMA) competition to determine the manager of the IDS Ukraine group's seized assets. GIG claims that the competition is discriminatory.
According to information on its website, the asset management company considers certain provisions in the tender documentation for selecting the manager of the IDS Ukraine Group's seized assets to be discriminatory. These provisions may violate the principles of fair competition and the requirements of the Law on public procurement. The IDS Ukraine Group produces the mineral waters Morshynska and Myrhorodska.
GIG stated that it had decided to participate in the competition and submit a beneficial and professional offer to the state. However, while studying the tender documentation, the company identified a number of requirements that, in its opinion, limit competition, artificially narrow the circle of potential participants, and create unequal access to the procurement process. The identified risks of dishonesty in the procedure formed the basis for filing a complaint with the AMCU.
"The conditions that ARMA has set for this competition make it impossible for many legitimate companies to participate. We are convinced that ARMA has the ability to ensure equal conditions in the market by eliminating discriminatory requirements, engaging in open dialogue with participants, and aligning the tender documentation with the principles of transparency and competitiveness," said the company's CEO, Iryna Suprun.
In its complaint to the AMCU, the company called ARMA's requirements "overly restrictive." The company criticized the requirement that participants should provide at least three contracts confirming experience with similar work in the production of beverages or baby food within the past year. The company also criticized the requirement that participants should provide Certificate No. 34-OPP and the requirement that participants should have at least one year of experience renting an office or material and technical base with mandatory non-cash payments.
Geological Investment Group asked the AMCU to accept the complaint, determine that ARMA violated the law when preparing the tender documentation, and require the agency to change the competition's terms by eliminating discriminatory requirements and ensuring companies have equal access to the selection process.
"We are ready to participate in the competition on equal terms and offer the state economically beneficial solutions. However, this is only possible if the selection of the IDS Ukraine asset manager is transparent, competitive, and in accordance with the law," Suprun emphasized.
According to the Youcontrol service, Geological Investment Group was registered in Lviv in 2019. The company's charter capital is UAH 20,000. Iryna Suprun, a deputy of the Lviv Regional Council and a member of the European Solidarity political council, is the beneficiary of the company.