The decision made in the state procurement market for supervisory services for construction works was taken into account by various administrative bodies during tenders, as mentioned in the report prepared by GCCA.
The relevant decision was made by GCCA within the framework of an investigation that started based on the complaint of "Engineering Monitoring Group" Ltd and was completed in 2023. The case was concerned to the use of anti-competitive bidding conditions within the state procurement announced for the provision of supervisory services for the construction works of infrastructure facilities in Marneuli, Gori, Khashuri, Kareli, Kaspi, Dmanisi, Gardabani, and Tsalka.
As per the recommendations issued in the frame of the investigation, municipal bodies and other state procurement organizations were instructed to adhere to competition principles when creating tender conditions. This included not using tender conditions that would prevent an undertaking involved in a legal dispute related to accreditation from participating in the tender. The Agency believed that such actions created significant administrative barriers and hindered the undertakings activities.
Following the completion of the research, the GCCA conducted ex-post monitoring of the market for public procurement of supervisory services for construction works (2023/2024 years). It was determined that the decisions made by GCCA had a positive impact on the performance of the sector. State procurement organizations ensured the implementation of the Agency's decisions in the process of creating tender conditions.
Due to a decision by the GCCA, the tender condition that restricted competition has been removed. This condition prevented undertakings from participating in tenders due to ongoing court disputes regarding their accreditation status. State procurement organizations are no longer allowed to use this controversial tender condition as an administrative barrier for interested undertakings.
One of the most essential aspects of the Georgian Competition and Consumer Agency's (GCCA) work is to monitor the outcomes of its decisions in relevant markets and assess their impact on the competitive environment.
