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Case No. 520/28124/23 dated 06/03/2025

Here is the translation:

1. Subject of Dispute: Challenging the State Audit Service’s conclusion regarding a violation of the procurement tender procedure.

2. Main Court Arguments:

– Regarding occupational safety certification: The court recognized that the chief engineer’s documents fully comply with the tender documentation requirements.

– Regarding bank guarantee:
The court established that:
– The bank guarantee meets all necessary requirements
– A separate guarantee agreement is not mandatory
– Reference to the basic banking service agreement is legitimate

3. Court Decision: The claim of the Capital Construction Department was fully satisfied. The State Audit Service’s conclusion was deemed unfounded.

4. Key Conclusion: The State Audit Service unreasonably demanded termination of the contract with the tender winner.

Decision in favor of the procurement customer.

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