After a battle of more than four months before three courts, VASS Lawyers litigation and public procurement team obtains a final decision in favour of the association formed by M.A.R.S.A.T. S.A., G.R.I.M.E.X S.R.L. and Neptun S.A., regarding the tender organized by Oltenia Energy Complex for the modernisation of the excavator located in Lupoaia.
M.A.R.S.A.T. S.A., as leader of the association formed by M.A.R.S.A.T. S.A., G.R.I.M.E.X S.R.L. and Neptun S.A. challenged at the beginning of February 2014 the contracting authority’s decision to invite the association formed by Popeci Utilaj Greu S.A., UMR S.A., Dasconsult S.R.L., Imsat Motru S.A., Proatlas Ing S.R.L. and Romdata Aq S.R.L. to the final stage of electronic auction, requesting a re-evaluation of this offer and its exclusion from the procedure.
VASS Lawyers proved in front of the National Council for Solving Complaints (N.C.S.C.) the inadmissibility of this offer which included, inter alia, a longer term provided for the execution of the contract than the one required by the contracting authority. The N.C.S.C. disposed the cancellation of the electronic auction and its resumption within 10 days.
Claims against this decision were submitted both by Oltenia Energy Complex and the Popeci Utilaj Greu S.A., UMR S.A., Dasconsult S.R.L., Imsat Motru S.A., Proatlas Ing S.R.L. and Romdata Aq S.R.L. association. On June 27th, 2014, after the High Court of Cassation and Justice granted the change of venue of the case from Craiova Court of Appeal to Alba Iulia Court of Appeal, the latter court rejected the two claims.
“I had alongside me a strong team that has managed to extraordinary combine litigator skills with a remarkable experience in the public procurement field. It is a great achievement at the end of 12 hearing dates before three courts of law for over four months”, Iulia Vass, VASS Lawyers Managing Partner.
Therefore, the N.C.S.C. decision dated April 3rd, 2014 becomes final, the tender submitted by M.A.R.S.A.T. S.A., G.R.I.M.E.X S.R.L., Neptun S.A. remaining the only admissible tender of the procedure. Thus, Oltenia Energy Complex is to sign the public procurement contract with M.A.R.S.A.T. S.A., G.R.I.M.E.X S.R.L., Neptun S.A. association.
Read more about the public procurement and dispute resolution projects at http://www.vasslawyers.eu/en/projects/.
