NEGOTIATIONS WITH TESTING CENTER AT MHC OF UKRAINE
In connection with promulgation of announcement under title “About Progress of Negotiations with NMU” on the official website of Testing Center at MHC of Ukraine on 12, March, 2018, O.O. Bogomolets National Medical University considers it necessary to inform the following:
Really, today, 12.03.2018, Testing Center at MHC of Ukraine performed the previous negotiations with participation of the first pro-rector in scientific pedagogical activity of University Tsekhmister Ya.V. and director of Testing Center Bulakh I.Ye. about situations, which has happened in connection with improper legal regulation of procedure for payment of services in performance of licensing exams in 2018 and the breakdown of testing, caused by this on 20.02.18.
However, the information, promulgated by Testing Center at MHC of Ukraine, about reaching the consent about application of negotiation procedure, does not correspond to reality.
The parties still have the essential discrepancies as to procedure for procurement of services at Testing Center at MHC of Ukraine, however, taking into consideration the performance of licensing exams for interns “Krok 3”, planned on 27.03.18, the parties stated that the proper performance of this exam is of top-priority, thus, the parties will take the best efforts in order urgently to settle and to prevent from breakdown of testing on 27.03.18.
Now the parties only previously discussed the variant for application of negotiation procedure for procurement of services at Testing Center at MHC of Ukraine as an exception in this case.
No final arrangements as to implementation of negotiation procedure for procurement of services at Testing Center at MHC were reached as NMU as the entity, responsible for use of budget funds, shall receive the evidences for absence of competition (including due to technical reasons) in the market, anticipated by Art. 35 in Law of Ukraine “About Public Procurements”, as a result, the agreement about procurement may be concluded only with one supplier, at absence of alternative thereby, as well as shall follow to procurement procedure at all its stages.
In case if NMU takes the decision to apply the negotiation procurement procedure, NMU as a customer, according to P. 2 Art. 35 in Law of Ukraine “About Public Procurements”, would demand Testing Center to submit the information, confirmed by documents, about is conformity to qualification requirements according to Article 16 in this Law (available equipment and material technical base; available employees of corresponding qualification, who have the necessary knowledge and experience; available experience in performance of analogous agreement, confirmed by documents).
In addition, the parties discussed the alternative possibility for payment of services from Testing Center at MHC of Ukraine through conclusion of corresponding agreement with natural persons.
As well, the director of Testing Center Bulakh I.Ye. informed that it is planned the exam “Krok 1” for dental students, which was not held on 20.02.18, during the period of not later than 16, April, 2018.
The negotiations are going on.