The AMCU forced Khersonteploenergo to change the terms of the tender due to the company's complaint

In Kherson, a conflict arose over the repair of the city's heating system. The company was unable to submit a proposal due to discriminatory tender conditions, and the case went to the Antimonopoly Committee.

This is evidenced by data from the Prozorro procurement system.

Khersonteploenergo, a municipal utility company, has announced a tender for emergency repair work on the overhaul of the district heating plant 17 in Kherson. The expected cost of the works is UAH 6.4 million. The repairs are scheduled to be completed by December 31, 2026.

SCREENSHOT: Prozorro

The auction was scheduled for January 15. However, on January 9, one of the potential bidders, PE Effect, asked the contracting authority to pay attention to a discriminatory requirement in the tender documentation. It concerned the confirmation of experience in fulfilling similar contracts, namely the terms of their conclusion - it was required to provide contracts concluded only in the period from 2023 to 2025. Because of this, only those companies that had similar contracts during this period could participate in the tender, which limited competition and put other potential bidders out of business.

In its response, Khersonteploenergo said that the requirement for contracts for the period 2023-2025 was set due to the special conditions of work in Kherson under martial law. The city belongs to the regions with increased security risks, complex logistics and unstable infrastructure.

SCREENSHOT: Prozorro

The actual experience of contract execution during this period makes it possible to make sure that the participant is able to respond promptly to force majeure and ensure the continuity of work. The client noted that the requirement applies equally to all participants and is not intended to restrict competition.

At the same time, Effekt PE filed a complaint with the AMCU over the discriminatory requirement in the tender documentation. The company noted that they have two contracts for the reconstruction of boiler rooms concluded in 2021, which correspond to the subject of the procurement, but due to restrictions in the documentation, they cannot participate in the tender. The Complainant argued that the establishment of a specific period for concluding contracts was unreasonable and discriminatory, violating the principles of non-discrimination and equal conditions of participation set out in Articles 5 and 16 of the Law of Ukraine "On Public Procurement".

The company asked the Antimonopoly Committee to oblige the procuring entity to amend the tender documentation and eliminate discriminatory conditions restricting participation of companies with experience before 2023. The complaint emphasized that the current legislation does not set specific time limits for similar experience, and the artificial limitation of the period favors certain participants, violating the principles of objectivity and non-discrimination.

SCREEN SHOT: Prozorro

The AMCU ordered the customer to correct the documentation and remove the conditions that restricted the company's participation in the procurement procedure.

Last year, Effekt PE was awarded a contract to repair heating networks in Pivdenoukrainsk worth more than UAH 56 million. The company was registered in 2005 with an authorized capital of UAH 500. The company's total portfolio of won tenders exceeds UAH 162 million, with more than UAH 131 million in 2025 alone.

Анна Бальчінос