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In Petrozavodsk the auction for the right to evaluate it’s real estate ended up in minus figures, i.e. the winner will pay in excess to the client for the victory. The town officials assure us that this is technically impossible. Public procurement market players confirm the contradiction.
The competition for the right to evaluate Petrozavodsk municipal property surprised even the most experienced participants in the public procurement market. The contract with the maximal price of 240 th. rur. was driven down to a negative cost of 82,8 th.rur minus. Put simply, the participant will have to pay in addition to the client to perform the work.
Local companies are likely to be involved in this case as they will be able to negotiate about the valuation results with friendly businessmen, as the market players supposed on talking with dp.ru. However, this given kind of purchase doesn’t suggest any significant profit. That is why the fact of extra payment surprises.
Minus or plus
Dp.ru learned of the story from a participant at the auction LLC "S.I.G. Otsenka". Electronic trade took place on the 5th February, the initial price being 240 th.rur. The company faced 18 competitors. The auction was held at the electronic trading facility of “Sberbank-AST”. The bidding process protocol was published, but the final protocol has been absent till now. The bidding process protocol informs us that at first the price was beaten down to 37 th.rur., but then it increased somehow and finally the price became 82,8 th.rur. It is rather unusual for the auction whose goal is to reduce price, the name itself sounding as “the reduction auction”.
As head of municipal order management of the Petrozavodsk administration Maxim Lunkov assured dp.ru, that e contract price rose after lowering to 1 rouble. He denied the hypothetical negative contract value as technically impossible. He also recommended that the correspondent of dp.ru study the legislation before wasting his time.
He also added that the trade organizer couldn’t influence the trading process anyhow. Whether the competition took place or not will be evident a few days after the special commission sits, Maxim Lunkov being its member. Before this meeting takes place, he has no right to discuss the results, the same concerning all participants of the competition, according to his words.
The screenshots of the trading process available to dp.ru confirm the contradiction. The offer of 37 th.rur. has become the last one among all positive metrics. It is proved by the status “contract” indicated to the right of the offered price. However, after the next offers, opposite the price the status “the right” has already been highlighted. According to “S.I.G. Otsenka” it meant that it was necessary to pay the indicated sum for the right to execute the contract, i.e. in the protocol the figure is designated without a “minus” though in practice it is negative for all participants of the trade.
Similar conclusions may be drawn out independently after a number of elementary mathematical calculations. As the screenshot made by a participant shows, if we take away 12 th.rur (a maximal step of the trade) from the last price, we get the offered price, 94,8 th.rur. minus. The price increase is not foreseen by the bidding, in theory. (Even technically). In addition, the value 100% has been indicated in the column “current reduction”.
A technical possibility to go into a minus exists at least at the facility “Sberbank-ast”, executive Director of “S.I.G. Otsenka” Ivan Grigoriev says. As an example he gives a real case when, for the sake of the contract with “Rosimushchestvo”, the winner had to pay to the customer an excess of 600 rur., such a negative sum having become the result of the auction. "To believe in the image history of the present trade is rather difficult. The evaluators which won the competition (all who went into a minus) incurred losses, which causes, at least, perplexity if not a suspicion”, - Ivan Grigoriev says.
Law letter and synergia effect
Dp.ru has taken the advice of a Petrozavodsk administration official and studied the federal law about purchases. Part 23, article 68 44-ФЗ directly prescribes the possibility described by the businessmen.
The correct interpretation of the letter of the law was given to dp.ru by the Director of development the Association of Electronic Trading Facilities (AETF), Konstantin Mikhailencko "If during the e-auction the contract price lowers to half a per cent of the starting maximal price, such an auction is conducted for the right itself to contract. In this case, the providers actually pay in addition for the right to contract. Correspondingly, the winner is the one who offers the highest price", — he explained.
In AETF they have also noted that such cases are common during auctions for the provision of financial services. For example, banks are ready to maintain the accounts of legal entities free of charge as they get their profit executing the payment orders and money transactions of their clients. Such auctions “to a minus” may occur in other fields as well, sometimes by mistake. "Speaking of the given auction, we can’t say exactly whether the error occurred because the participants of the bidding process were ignorant of the legislature, or the providers were ready to incur losses deliberately in order to evaluate the market cost of real estates", — Konstantin Mikhailencko noted.
As dp.ru learned from a businessman, a participant in public purchasing in Saint-Petersburg, wishing to remain unknown, such competition in Petrozavodsk is not an appropriate image but a very tempting one for contractors. "Real estate evaluation is a gold-mine. The evaluator determines whether this or that property will cost a billion or a million. Of course, the owner is very interested in the final price and he will try to discuss the question with the evaluator", — he hinted at a corruption factor.
Another market player has also suspected the “synergia effect” which the winner would want to play on. To incur losses right now means to get a great profit later thanks to the right of evaluation. What concerns the municipal property evaluation, as a rule, these are cases of buildings having been already rented by businessmen willing to buy them. "The local companies affiliated with the town property potential purchaser are most likely to be involved", — the source suggests.
Such machinations are often practiced by wood trade participants according to the words of the third market participant. Competitions which are intended supposedly to recultivate are closed with the contract negative price and then the winner connected to the customers cuts down the forest and sells the sand.
"Delovoi Peterburg", 02/06/2015
Short address for the article: http://www.dp.ru/103qjk/