Re: Wznowienie przetargu

11.3. Based on the results of the Mirny Atom JSC complaint consideration taking into account the conclusion of the Arbitration Committee of JSC Concern Rosenergoatom No. 9-АК/78-Пр dated 13/07/2020 APS Energia shall be suspended from further participation in the Request for Proposals on the basis of clause 6.2, sub-clause a) of Appendix 12 to UIPS and clause 6.2, sub-clause a) of Part 2 of the Procurement Documentation due to the inaccurate information provided in the Bid in terms of safety class of equipment manufactured under contract No. 2019/62-22 dated 05/08/2019 presented in order to confirm the manufacturing experience of RAZ Tungstone, LLC.
Confirming documents under contract No. 2019/62-22 dated 05/08/2019 containing data on assignment of safety class 3Н as per NP-001-15 to the manufactured products were presented as part of the participant bid in order to confirm the manufacturing experience of RAZ Tungstone, LLC. However the content of the Quality Plan for this contract shows that the Customer is JSC Invertor Plant, not any company operating the nuclear power plant. There are also no signature and stamp of the authorized body representative (state authority responsible for safety regulation in the use of nuclear energy) on the Acceptance Inspection of the relevant equipment in this Quality Plan.
It follows from the systematic interpretation of cl. 2.6, 2.9, cl. 97 of Appendix 2 to NP-001-15 and cl. 2.11 of NP-001-15 that safety class 3 as per NP-001-15 may be assigned to equipment only if such equipment is an element of the nuclear power plant, i.e. provided for in the nuclear power plant project as its structural unit. Furthermore, the indicated safety class shall be assigned by the nuclear power plant project developer and specified in the relevant design documentation and engineering and manufacturing documentation.
The following requests were sent in order to establish reliability of information contained in the participant bid on the manufacturing experience of RAZ Tungstone, LLC in terms of manufacturing of equipment with safety class 3H as per NP-001 in accordance with sub-clause а) of cl. 6.2:
- Ref. No. 50-3-2-32 dated 20/05/2020 to JSC Atomenergoproekt;
- Ref. No. 50-3-2-33 dated 20/05/2020 to JSC VO Bezopasnost;
- Ref. No. 50-3-2-32 dated 20/05/2020 to the Central ITD on Supervision of Nuclear and Radiation Safety of Rostekhnadzor;
In response to the sent requests the specified answers were received (No. 32-4/3091 dated 26/05/2020, No. 02-01/10383 dated 25/05/2020, No.  480-1514 dated 11/06/2020).
In accordance with the received answers, as well as the additional responses to JSC Concern Rosenergoatom Arbitration Committee requests submitted to the Quality Department of JSC Concern Rosenergoatom and JSC Invertor Plant in terms of consideration of the Mirny Atom JSC complaint No. 344 dated 11/06/2020, no evidences were provided that confirm the fact that the manufactured equipment is provided for in any project of the nuclear power plant as its structural unit, and the fact that safety class 3 is assigned to such equipment be the nuclear power plant project developer.
Taking the foregoing into consideration, the data provided by the procurement procedure participant in terms of safety class 3 indication as per NP-001-15 and specified in the statement on successfully completed manufacturing contracts by RAZ Tungstone, LLC are not reliable.

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