Producer of the projects “Etaloni” (“Etalon”) and “Didi Perspektiva” (“Big perspective”) - Ltd. Sigma Plus sued Public Broadcasting in the court. The suit was brought to the court on 27 February 2009. Claimant requests the court to declare the results of the tender held by the Public Broadcasting in September 2008 as null and void.
Lawyers of the organization “Article 42 of the Constitution” Manana Kobakhidze and Mary Japaridze represent the interests of “Sigma Plus” before the court. As it appears from the tender documentation, Public Broadcasting had breached the law of “State purchase” and statute of “State purchase procedure”. In particular, Levan Kubaneishvili, director general of the Public Broadcasting was prevented by law from being a chair of the tender commission and participating in its work because one of the participants of the bidding was “TBC TV”. Just before appointment on the position of a director general of the Public Broadcasting, Levan Kubaneishvili was a director and one of the founders of “TBC TV”. Therefore he had a conflict of interests and should have withdrawn himself from the commission, but he had not done so.
According to the Law on “State Purchase” and the statute of “State purchase procedure”, a person can not be a member of the tender commission, if he worked in one of the companies participating in the bidding during the last three years. In case of Levan Kubaneishvili this period did not exceed 6 months. The breach of law is obvious. Therefore the results of the tender are invalid. Board of trustees and legal department of the Public Broadcasting did not respond to the allegations.
It is important to note that a winner of one of the lots on the tender was TBC TV. In respect of the foregoing interests of the claimant “Sigma Plus” were impaired. The company submitted projects “Etaloni” and “Didi Perspektiva” on lot #15, but the unlawful composition of the commission rejected the offer. Commission stated in its decision that the offers for tender did not comply with financial capacities of the bidder. Even if it was true Public Broadcasting had a legal obligation to announce a repeated bidding. Public Broadcasting failed to do so. On the contrary, Levan Kubaneishvili concluded exclusive contracts with a number of companies, including TBC TV. The price of these contract were much higher than those of “Etaloni” and “Didi perspektiva”.
Claimant and his lawyers suppose that the director general of the Public Broadcasting was personally interested in the results of the tender. If the court finds the claim well-founded and declares the results of the tender invalid, then the airing of those TV programs which were selected through tender will be canceled. Furthermore, Public Broadcasting will be obliged to hold a new tender immediately with a different composition.