Billion purchase for creation of the "smart" transport system in the Nizhny Novgorod Region should be carried out again. Violations are found

Billion purchase for creation of the "smart" transport system in the Nizhny Novgorod Region should be carried out again. Violations are found

FAS in December considered and made decisions on complaints to billion purchase Center of traffic safety (TsBDD) of the Nizhny Novgorod Region on creation in the region of command center an intelligent transport system. In total on the tender four complaints arrived, it is specified on the portal of state procurements: from "Rostelecom", "Schwabe" (on behalf of "Moscow Schwabe-"), "Single national dispatching system" (ENDS) and Nizhny Novgorod Ael-RTS engineering.

The complaint which was filed by Ael-RTS engineering was withdrawn, and other FAS recognized partially reasonable, apparently on the portal of state procurements^[1]. So, the antimonopoly service recognized reasonable arguments of Rostelecom that the technical project does not determine amounts of works, and that the customer should not have integrated in purchase technology and functionally untied works – creation of an object of capital construction and creation of an intelligent transport system.

In an inadequate way the description of a subject to purchase which is not allowing participants to determine amount of works, subject to accomplishment within performance of the government contract is set, - the Commission of FAS which considered the complaint of Rostelecom came to a conclusion.

FAS recognized partially reasonable three complaints to the tender for creation in the region of command center an intelligent transport system (a photo - Andrey Orekhov/novation-nn.ru)

Also FAS recognized the customer violated rules of signing of the contracts because in procurement documentation there is no estimate on design and construction of the facility. The commission of antimonopoly service considered that actions of TsBDD which did not place the draft of the estimate of the contract break the law on a contract system and contain signs of structure of administrative offense, responsibility for which is stipulated in Clause the Russian Federation Code of Administrative Offences (violation of a procedure of state procurements of goods, works, services). The last attracts imposing of an administrative penalty on officials in the amount of 3 thousand rubles.

Agreed FULL FACE and with arguments of Rostelecom that in the tender documentation in an inadequate way the amount of works which the contractor is obliged to execute independently without involvement of other persons to execution of the contract obligations is set.

The complaint of "Schwabe" was considered by the commission of the Nizhny Novgorod OFAS of Russia. She also came to a conclusion that were illegally united in one subject of purchase of work on capital construction and supply of equipment with implementation of elements of the information transport system. The specified goods, works form different goods markets, have no homogeneous signs, have no functional and technology communication among themselves that leads to unreasonable restriction of number of procurement participants, the commission considers.

The commission of the Nizhny Novgorod OFAS of Russia considered the same point reasonable and in the complaint of "A single national dispatching system". Besides, within execution of the government contract it is necessary, including, to perform delivery of radio-electronic products and software. However in the tender documentation conditions of admission of goods, works, services according to the law are not set, it is specified in the decision of the commission.

As a result of FAS decided to issue to TsBDD, authorized body, the auction commission and the operator of electronic marketplace the instruction about elimination of the revealed violations of the law about a contract system. Also case papers will be transferred to the corresponding official of control of control of placement of the state order of FAS for consideration of a question of initiation of proceedings about administrative offenses.

The Ministry of Transport and Roads of the Nizhny Novgorod Region reported to TAdviser that TsBDD will announce new purchase at the beginning of 2021.

Changes will be made taking into account all violations and notes revealed by supervisory authority. Besides, the issues specified in complaints for an exception of repeated appeals to OFAS from bidders will be in addition handled, - told in department.

Earlier on participation in purchase two requests arrived: from Federal State Unitary Enterprise Sveko subordinated to the FSO, and Vega concern. In more detail how there passed the tender see in the block below.

Carrying out tender, complaint

The Center of Traffic Safety (CTS) of the Nizhny Novgorod Region did not manage to find from the first the supplier for creation in the region of command center an intelligent transport system for which he was ready to pay nearly 1 billion rubles^[2]. It follows from the protocol of summing up the tender published on the portal of state procurements on December 10, 2020.

Besides, on purchase several complaints FULL FACE because of what TsBDD of the Nizhny Novgorod Region could not sign the supplier contract arrived at once even if would select it – the antimonopoly service blocked a possibility of signing of the contract for the period of consideration of complaints.

Within the project it is necessary to create an object of capital construction and it is necessary to equip it with the equipment with elements of the intelligent transport system providing process automation of management of the transport movement from technical specifications. The project is separated into five stages which implementation is planned to end by June 1, 2024.

The intelligent transport system means installation of such means as traffic lights, stops, parkings, the systems of an emergency communication, weight and dimensional space (a photo - Drinenn.ru/Надежда Kay)

On the tender two requests of participants arrived: from Federal State Unitary Enterprise Sveko subordinated to the FSO, and Vega concern. Both of them were allowed before participation, but the customer recognized the second parts of these requests as non-conforming to the requirements. As a result the auction was recognized cancelled.

And complaints FULL FACE to the tender arrived in December from four organizations, it is specified on the portal of state procurements: "Rostelecom", "Schwabe" (on behalf of "Moscow Schwabe-"), "Single national dispatching system" (ENDS) and Nizhny Novgorod Ael-RTS engineering.

Questions to the tender documentation at these organizations were gathered much. So, Rostelecom, for example, asking to consider its complaint in central office of FAS stated that in terms of reference amounts of works are not determined, are united in purchase technology and functionally untied works, there is no draft of the estimate. Besides, rules of explanation of provisions of documentation are violated and unrealizable requirements in the contract are set, considered in the company.

Rostelecom had doubts, including, concerning the purchase price.

The starting price of the contract is determined by the customer, proceeding from the finished limits of budget commitments. At the same time data on the provided commercial offers allow to claim that the cost of works exceeds one billion rubles, – the representative of Rostelecom in the complaint writes.

Rostelecom believes that placement of a procurement procedure by "understating" of the starting price of the contract is directed only to restriction of a possibility of the appeal of actions of the customer by participants of these procedures in central office of FAS. According to the letter of FAS of 10/13/2015, his central office considers complaints to actions of the state customer at implementation of purchases from 1 billion rubles and above.

In complaints from other participants arguments have partially something in common with stated by Rostelecom. For example, about inclusion in one purchase technology and functionally not the connected works – creation of an object of capital construction and supply of equipment with implementation of elements of an intelligent transport system.

And in the complaint of "Schwabe" also, for example, it is specified that the customer incorrectly provided number of the order of the government of the Nizhny Novgorod Region which forms the basis for creation of command center an intelligent transport system. The order of the regional government provided in terms of reference concerns construction of the infectious body in the territory of one of the Nizhny Novgorod hospitals and is not connected with the subject of the contract in any way, speak in "Schwabe".

One of arguments of the complaint of Ael-RTS engineering – documentation on purchase with the starting price of the contract almost in 1 billion rubles has exclusively general character.

Provisions and specific requirements to the performed works/services, goods are absent. The quantitative volume of the delivered goods, works, services completely is absent. Requirements to cybersecurity completely are absent. Names of modules of a subsystem are listed only, but filling is not defined, – lists Ael-RTS engineering.

The organization and holding actions for functioning, maintenance and operation of the regional system "Safe City" (a photo - the Ministry of Emergency Situations of the Nizhny Novgorod Region) treat powers of TsBDD of the Nizhny Novgorod Region

It was not succeeded to receive from the press service of the governor and the government of the Nizhny Novgorod Region quickly comments on when it is going to hold again the tender and what comments from complaints will be taken into account. And FULL FACE could not specify quickly the statuses of consideration of all complaints as of December 11. On the portal of state procurements at all complaints the status is still specified "is considered".

But, it seems, complaints were already considered. Rostelecom reported TAdviser that the antimonopoly service recognized reasonable the majority of their arguments and issued to the customer the instruction about elimination of violations.

It is difficult to answer unambiguously a question of our participation in an auction in the future. Everything will depend on new conditions of purchase. The project is costly, the careful miscalculation of an economic case is required, - told TAdviser in Rostelecom.

Earlier Rostelecom already performed the works connected with the transport system of the Nizhny Novgorod Region: the company implemented projects of photo video fixing and weight and dimensional control on roads. In September of the 2020th Rostelecom signed the contract with TsBDD for services in providing communication channels for Bezopasny gorod agrarian and industrial Complex of the region in 2021.

Ael-RTS engineering in November concluded with TsBDD the government contract on services in providing information from mobile complexes of photovideo fixing of abuses of regulations of a stop and the parking of the vehicles recorded on highways of the Nizhny Novgorod Region. And in February she became the supplier of a technical support service of a software package of a video surveillance system of a law-enforcement segment of Bezopasny Gorod agrarian and industrial Complex of the Nizhny Novgorod Region.

"Schwabe" cooperated with the region on the transport line, however, with TsBDD too did not sign contracts, judging by data from the register of purchases of this organization in base of legal persons " circuit.focus ". In 2014, for example, "Schwabe" announced delivery of hi-tech pedestrian traffic lights to the regional center and the city of Bogorodsk of the Nizhny Novgorod Region.

ENDS also do not have earlier signed contracts with TsBDD in base " circuit.focus ". But it, for example, equipped earlier the park of passenger buses of Nizhny Novgorod with the equipment GLONASS, implemented the PATP Navigator navigation and information system.

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