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Hillmont Partners Successfully Defended a National Engineering Company Before the AMCU

Hillmont Partners has successfully represented Ukrainian Engineering and Technology Center LLC before the Antimonopoly Committee of Ukraine (AMCU) in cases on violation of legislation on public procurement when the company participated in tenders.

Ukrainian Engineering and Technology Center LLC is engaged in engineering, geology and geodesy activities and provides technical consulting services in these areas. The company participated in two tenders organised by PJSC “Ukrnafta” to develop feasibility studies for the reconstruction of compressor stations and gas treatment plants at two enterprises of the Kachanivka Gas Processing Plant, which is a structural subdivision of Ukrnafta. The first tender concerned works for the Hlynsko-Rozbyshivske production field (Myrhorod District, Poltava Region), the second – for the Kachanivka production  field (Okhtyrka District, Sumy Region).

In both tenders, based on the results of electronic auctions, the electronic procurement system identified the bids of the Ukrainian Engineering and Technology Center as the most cost-effective. However, Ukrnafta rejected the company’s bids in both procurements and selected other companies as the winners of the tenders and decided to conclude contracts with them.

Hillmont Partners represented the client before the AMCU in appealing the decisions on both tenders. The firm’s lawyers analysed the tender documentation, the client’s tender bids and its competitors in the procurements, prepared and filed complaints on violation of public procurement legislation with the AMCU, and represented the client at the meetings of the relevant AMCU commission.

Based on the results of the review of the cases, the AMCU satisfied the complaints of the Ukrainian Engineering and Technology Center in both tenders and ordered Ukrnafta, as the tender organiser, to cancel the decisions to recognise the winners of the procurement procedure in both cases. Senior partner Valentyn Zasukha, attorney-at-law Svitlana Dovbysh and engaged counsel Mariana Kilikievska represented the client before the AMCU.

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