Friday13 December 2024
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Who is responsible for the canceled "Mavik" contracts, and has the situation been resolved? Find out the latest updates.

Both ours and not ours: The AOZ explains who disrupted the contracts for the "Maviks," what consequences await those responsible, and whether the situation has been resolved.
Уточнено, кто нарушил контракты по "Мавикам" и удалось ли восстановить положение дел.

The Defense Procurement Agency (DPA) delivered 4,460 Mavic drones to the front from September 15 to October 29, 2024. Of these, 2,450 units were Mavic 3T and 2,010 units were Mavic 3E. These devices were swiftly contracted by the DPA to replace those whose procurement was disrupted due to the negligence of unscrupulous suppliers.

This information comes from the DPA's response to a request from the publication "Telegraph", regarding widely circulated information in September about the lack of deliveries of drones to the Ukrainian defense forces in August-September 2024.

The DPA explained that the disruption in supplies was caused by two Ukrainian companies and one foreign contractor, who had previously passed a formal reliability check.

"The companies with which contracts were signed had qualified because they demonstrated experience in fulfilling similar contracts and won tenders with the most economically advantageous proposals. Therefore, according to tender legislation, we were obliged to contract with these companies," the response from the Defense Procurement Agency states.

According to the DPA, one of the Ukrainian companies signed contracts with the Agency for the supply of 600 drones by June 30, 2024, of which 521 units were delivered with delays. From another batch of 350 "Mavics," contracted with this company for delivery by August 15, 2024, not a single drone had been delivered as of November 5, 2024.

"At the same time, another Ukrainian company, with which the Agency contracted for 400 drones, as of November 5, 2024 has not delivered any units and has refused to fulfill the contract. The Agency has signed three government contracts for the supply of 600 drones with a foreign company. As of November 5, 2024, not a single unit had been delivered," the response to the "Telegraph" request states.

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According to the DPA's response, the Ukrainian government made a decision to allocate additional funds for the procurement of drones.

"With these funds, from September 15, 2024, to October 29, 2024, 2,450 units of Mavic 3T and 2,010 units of Mavic 3E were delivered. Some of these contracts included tight delivery deadlines. Considering the urgent needs of the Armed Forces of Ukraine, the Agency contracted part of the drones directly through a procurement agreement without applying open bidding and/or an electronic catalog for the purchase of goods and under the condition of cash on delivery for the supplied goods. Such contracts were concluded with verified and conscientious suppliers who had positively demonstrated themselves in previous cooperation," the Defense Procurement Agency emphasizes.

Moreover, the companies responsible for the disruption of defense supplies, although they have not yet received funds (since, according to the DPA, "all procurements occur under conditions of 100% cash on delivery"), will still have to pay penalties based on the contract value.

"According to the terms of the contract, it is stipulated that in case of non-fulfillment or improper fulfillment of their obligations under the Contract, the Parties are liable in accordance with current legislation and the Contract. The contract provides for penalties for delays in delivery, specifically a penalty of 0.1% of the value of the undelivered goods for each day of delay and an additional 7% for delays exceeding 30 days. The Agency is conducting claims and litigation work against contractors who do not fulfill or improperly fulfill their obligations under the Contract," states the Agency's response.

The DPA considers the possible reasons for the contract disruptions to be the overestimation of contractors' capabilities and the situation in the People's Republic of China.

"Possible reasons for the disruption of supplies, in our opinion, may include overly ambitious commitments taken on by the companies (contractors) who did not objectively assess their own capabilities. Additionally, complex supply chains for goods (components) and sanctions from the People's Republic of China on the export of drones may hinder the fulfillment of contractual obligations," the DPA notes.

It is worth mentioning that the Agency did not address the "Telegraph" inquiry regarding the possible existence of intent in the indicated situation and the involvement of law enforcement agencies in investigating the causes of supply disruptions.

Recall that in mid-September, information surfaced on social media and in the media that from August 16 to September 16, the Armed Forces of Ukraine received only 50 Mavic drones from the Ministry of Defense. Blogger and veteran Yuriy Gudymenko, who notably spread this information, logically posed the question to the DPA of how this could happen and who should be held accountable.

Earlier, "Telegraph" reported that the commander of the drone company debunked the widespread myth about drone operators.