Ukrnafta ready to sue for rejection of its bid for building almost 70 MW of capacity at tender – commission head
PJSC Ukrnafta has announced its readiness to sue for rejection of its bid for three generating facilities at the first competition for construction of new generating capacity, the head of the competition commission, First Deputy Minister of Energy Yuriy Sheiko reported.
"The commission received two letters from Ukrnafta. One, on April 14, with a request to cancel the results of the competition, and then a second letter dated April 17, where it noted that it was forced to once again report the violation of the rights of the competition participant and to draw attention to the fact that if this violation is ignored, it will be forced to apply to the court and other competent authorities for the protection of its rights," said Sheiko during the commission meeting, which was broadcast online on Tuesday on the website of Ukrenergo.
In addition, the head of the commission reported on a letter from MP Hanna Skorokhod, which states that Ukrnafta has repeatedly appealed to the members of the commission and the Ministry of Energy regarding the unlawful rejection of the company's proposal, but her request has never been considered. According to Sheiko, Skorokhod asks to pay attention to the legality of the competition and take measures to prevent possible violations of the rights of the competition participants.
Sheiko also indicated that a letter had been received from Dalort LLC with a request to reconsider the company's proposal. The head of the commission recalled that it was rejected, in particular, due to the submission of a price proposal calculated per facility, and not per MW of capacity, as required by the terms of the competition.
As for Ukrnafta, as reported, its proposal was rejected due to exceeding the maximum price level. In addition, it did not contain a minimum payment term for the service, which is provided for in the competition documentation.
The secretary of the commission, legal director of Ukrenergo Maksym Yurkov added that, in addition to Ukrnafta and Dalort, applications were also submitted by Inzhur Energy, North Land, Interfort (the company did not declare itself among the participants in the competition), and Tysagaz (did not pass the qualification due to the decision of the National Security and Defense Council of June 18, 2021 on the application of personal sanctions).
The commission decided at the meeting to invite the applicants to additionally hear their justifications.
The commission meeting may be continued in a few days.
At the same time, Yurkov drew the attention of its members that they cannot negotiate changes to the price offers.