VASS Lawyers, law firm specialized in public procurement, litigation and arbitration, obtains a new success afore the Bucharest Court of Appeal. The court dismissed the challenge filed by the National Company of Motorways and National Roads in Romania (C.N.A.D.N.R.) against the rule of the National Council for Solving Complaints (C.N.S.C.) to annul the contracting authority’s decision to exclude the Greek company Mochlos S.A. from the procedure for the awarding of the public procurement contract “Rehabilitation of DN56, Craiova-Calafat, km0+000- km 84+020, Contract 5R16, DN 56 Galicea Mare – Calafat, km 47 +000 – km 84 020”.
The decision of the Bucharest Court of Appeal with regard to the public procurement procedure, with an estimated value of 140 million RON, is final and irrevocable. Thus, the court maintained the rule of C.N.S.C. to annul the decision of the contracting authority to award the public procurement contract to the company Puentes Y Calzadas Infraestructuras SLU, thus deciding the reevaluation of the tenders.
In fact, it is the second time when C.N.A.D.N.R. tries to exclude Mochlos S.A. from this awarding procedure. In a first phase, the contracting authority grounded its decision on aspects related to the legality of the letter of guarantee submitted within the tender opening session as of July 1, 2011. Subsequent to the admission of the complaint filed against this decision, the contracting authority alleged the failure to comply with the technical specifications. Considering the obvious groundlessness and illegality of excluding the tender of Mochlos S.A., both reasons were removed by the arguments of VASS Lawyers team, coordinated by the lawyer Amelia Teis.
Although the decision of C.N.S.C. as of September 30, 2011, was subsequently challenged by C.N.A.D.N.R., on February 16, 2012, the Bucharest Court of Appeal definitively and irrevocably rejected its complaint. The award criterion of the public procurement contract is the lowest price, and the financial tender of Mochlos S.A. Greece has, indeed, the lowest price.