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Date: 2 weeks ago   Category: Economics

Naftogaz has spent 440 million hryvnias bypassing ProZorro for purchase of the software

Naftogaz has spent 440 million hryvnias bypassing ProZorro for purchase of the software
Naftogaz has created subsidiary for distribution of 440 million UAH to the German software of SAP in circumvention of the tender law.

report about it "to Nash_ a penny і".
As write the edition, thus, began to appeal against purchase of subsidiary of Naftogaz in the regular way in board of Antimonopoly committee impossible.

So, in 2016 Naftogaz has decided to deepen automation of the business processes on the basis of the software of the German company "SAP" which began to be used in state company at the time of Yanukovych.

Initially the NAC tried to buy the software at the open auction, having set restriction for participants.

So, have inserted at once the requirement to participants that they have provided the copy of the letter from the German producer or his exclusive representative in Ukraine that confirms the status of the participant quality of the official partner of SAP into the first tender with an expected cost of 18 million UAH. Also the participant has to have a copy of the existing partner cooperation agreement with the producer or with the representative. However similar restrictions participants of tenders successfully appealed against
in Antimonopoly committee.

as a result in June, 2018 Naftogaz of Ukraine has created subsidiary — LLC Naftogaz Digital Technologies with the authorized capital of 440 million UAH. To dispose of this sum as the director of Ltd company appointed the IT-director of Naftogaz Anatoly Vovnyuk under the leadership of whom actually and tenders for purchase ON in 2017 were held.

the First step of LLC Naftogaz Digital Technologies became the announcement of the tender for software from SAP for 23,67 million UAH

However feature of this purchase there was the fact that it was not the open auction which Naftogaz as the customer in understanding of the law "About Public Purchases" has to hold. The subsidiary of Naftogaz announced "prethreshold purchase", having used interpretation of the purchasing legislation that state companies in which the state is a direct shareholder, have to hold normal lawful tenders. And here state companies in which a shareholder is the state company which shareholder is the state and which aim only at receiving profit — allegedly can carry out purchases at discretion.

as a result of LLC Naftogaz Digital Technologies has again demanded the copy of the authorization letter from the producer or his exclusive official representation in Ukraine that confirms the status of the Participant as official partner of SAP VAR (Value Added Reseller), and the copy of the valid Certificate of SAP PCoE (Partner Centre of Expertise) which contains validity period which shouldn't be less than the term of rendering of services on support of SAP according to technical requirements of this purchase.
has taken place on September 5 an auction between LLC SAP Ukraina and those companies to which LLC SAP Ukraina has provided necessary documents. By results of the auction the victory in an auction with the offer of 22,67 million UAH was won by LLC SAP Ukraina with which on September 20 and have signed согл


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