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The head of «Lenavtodor» detects no ROPS–system


Dmitriy Galkaev

“Lenavtodor” (“The managing office of highways of Leningrad Region”) company, subordinate to the government of the Leningrad region, blocked the execution of the state contract according to which the private company had to supply eight special-purpose cars for road maintenance. “Lenavtodor” management explained the termination of the contract by senseless chicanery, and the representatives of the private company were already warned before signing the contract that they better stay off the auction-bid tender, because everything is already decided on “top level”.

 

«All the issues are settled…»

LLC «Technocor» won the tender to supply “Lenavtodor” with eight special-purpose construction universal cars MDSU-3500 absolutely and fairly – its representatives offered the most favourable terms for the local budget. This fact is not surprising – during many years “Technocor” carried out the assembly and supply of construction equipment all over Russia. In 20011 the company delivered similar 115 machines to Moscow, where the latter function without any complaints. In 2012 the company supplied the Defence Ministry with the cars. In 2012 “Lenavtodor” company acquired from “Technocor” twelve MDSU-3500 machines and no complaints to the producer have been made.

However, year 2012 was fundamentally different from year 2013: a different vice-governor, not Georgy Bogachev, was responsible for the roads in Leningrad region. Not without a reason the representative of LLC “Technocor” was told right before the tender that “all the issues have already been settled”, and that a competitive bid-auction is just a mere formality. However, the director of “Technocor” didn’t listen to the warning – in order to win the tender he was counting on his extensive professional experience and company’s stable position on the market.

On June 26, 2013 after the tender was won the state budget organization “The managing office of highways of Leningrad Region” (“Lenavtodor”) and LLC “Technocor” signed a state contract #0042. The contract obliged “Technocor” to supply “Lenavtodor” with eight MDSU-3500 cars within 30 days for the price of 19 200 million roubles. After four months the company still could not deliver the cars to “Lenavtodor”- all eight MDSU-3500 are still parked at the “Technocor” parking lot.

 

МДСУ-3500-2

 

On July 30th, 2013 (23 working days after the state contract was signed) the director of «Technocor» Vasily Krivov informed Dmitry Galkaev the acting head of “Lenavtodor”, in writing, that all eight cars are ready to be delivered. Moreover, two cars had already been handed over to two state companies subordinate to “Lenavtodor”: “Road Construction Agency of Kingisepp” and “Suburban Road Construciton agency #3”.

The feedback of the official was unpredictable – in his reply he claimed that the contract was violated, because according to a contract the company had to notify the company in writing before the machines were to be delivered. “Your company began to deliver the goods….without notifying the Client, which violates the conditions of the contract…”, wrote Dmitry Galkaev.

 

Defects everywhere

The representatives of “Technokor” corrected the violations of the state contract on the same day, however, they also received on the same day (!) a new letter from Mr. Galkaev where he stated that “Lenavtodor” representatives doubted that the technical characteristics of the delivered machines complied with the ones mentioned in a state contract. Suddenly, newly found inconsistencies were described in six paragraphs but according to any professional engineer sounded rather absurd.

For example, in the third paragraph Mr. Galkaev wrote that “the pressure of hydraulic system is set to 20 MPa, however the machine itself has a pressure of 18 MPa”. In his reply Vasily Krivov gave an explanation that would even be clear to a student: the hydraulic pressure can be set within the range of 16 to 22 MPa. And according to Mr. Galkaev’s requests it was set for 20 MPa. In other paragraph Mr. Galkaev mentioned the absence of the certificate of compliance for the supplementary equipment that doesn’t require certification. The remaining claims of Mr. Galkaev are of the same nature.

Several days later «Technocor» informed “Lenavtodor” that the defects had been corrected and that MDSU-3500 cars were ready to be delivered. Dmitry Galkaev asked the exact day of the delivery of the cars. In his turn, Technocor’s director asked for the recepient’s details, as stated in the power of attorney, in order to fill in the delivery documents. But  Galkaev replied him that this this was not relevant and that the cars could be delivered without these documents.

But when the machines were ready for the delivery again, Galkaev started to doubt that their cabins had the rigidness that was stated in a state contract (according to ROPS system) because his specialists could not find the relevant plates. MDSU-3500 complied with the ROPS system, but according to Mr. Galkaev’s wishes the relevant plates were attached accordingly and he was notified in writing about the fact.

But these measures did not help as Mr. Galkaev expressed the thoughts that even despite the attached plates the rigidness cabins were absent from the machines.

 

Галкаев-1

 Dmitriy Galkaev

The senseless correspondence on this matter had lasted several weeks, after that «Technocor» ordered an expert examination of the imported MDSU-3500 cars that was carried out by LLC “North-West Centre of Forensic and Legal Expertise”. The expert’s conclusion was predictable: “The technical and operating characteristics of the cars fully comply with and even exceed the declared parameters”.

In reply to such an conclusion Dmitry Galkaev sent to “Technocor” an official claim that the company violated the terms of the state contract and therefore has to pay a penalty fee in the amount of 79 200 roubles.

 

Corruption component

At this point it was clear that further communication will make no sense. “Technocor’s” director, Vasily Krivov wrote a letter to German Schtadler, the prosecutor of Leningrad region in which he asked to take measures of prosecutor’s response and to resolve the situation in which the delivery of the state contract was artificially delayed. “We assume that the reason for such actions from “Lenavtodor” is the decision to terminate a state contract with our company, in order to sign a contract with a different supplier….which we consider is a corruption component”.

The prosecutor’s response did not assess the grotesque situation. “Your application where your discontent with the actions of “Lenavtodor” is stated, was directed to vice-governor for further check and we will report on results”. In the meantime, Dmitry Galkaev sent several more letters where he continued to claim stated that ROPS-system was not available on MDSU-3500 cars.

Desperate to explain the evident, «Technocor's» representatives ordered another couple of examinations. The first one was carried out by the State Technical Control Agency. The Controlling Board again concluded that  “The MDSU-car is equipped with a system that protects the car from overturning (ROPS), which was made according to a state standard (GOST). The second expertise was carried out by representatives of “Norht-West state machine testing centre” (the organization which is subordinate to the Ministry of Agriculture of the Russian Federation and is highly regarded in professional circles). Its specialists once more confirmed the availability of ROPS-system in all MDSU-3500 cars.

 

The head of “Lenavtodor” was notified about the results of expertise, however he wrote just another letter where he once more claimed that ROPS system is not available on the supplied cars…

27.10.2013
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