VASS Lawyers successfully represented the construction company SELINA S.R.L. in challenging the awarding procedure of the public procurement contract “Design and Execution of Timisoara – Lugoj Highway, Lot 2”, organized by the National Company of Motorways and National Roads in Romania (C.N.A.D.N.R.). The contract has an estimated value of 138 million euros.
SELINA S.R.L. is one of the leading players on the western Romanian construction market and, as the leader of the association S.C. SELINA S.R.L – Doprastav a.s. – S.C. SODI Constructions S.R.L., challenged the C.N.A.D.N.R. decision no. 92/194/04.01.2012 which excluded from the procedure the tender presented by the association. VASS Lawyers demonstrated in front of the National Council for Solving Complaints (N.C.S.C.) the offer compliance with the tender documentation and qualifying criteria, obtaining a favourable decision for its client.
In fact, N.C.S.C. also dismissed as unsubstantiated the request for intervention filed in by S.C. SPEDITION UMB S.R.L. – S.C. Tehnostrade S.R.L., the association whose offer has been declared as winning by the contracting authority C.N.A.D.N.R.
As a result, the National Council for Solving Complaints upheld the appeal filed by VASS Lawyers, on behalf of the association S.C. SELINA S.R.L. – DOPRASTAV a.s. – S.C. SODI CONSTRUCTII S.R.L., and annulled the decision of the contracting authority concerning the exclusion of the challenging offer and the awarding of the contract. C.N.A.D.N.R. is thus bound to continue the awarding procedure by re-evaluating the offer of S.C. SELINA S.R.L. – DOPRASTAV a.s. – S.C. SODI CONSTRUCTII S.R.L. and the previously declared winning offer, by considering the recommendations made by N.C.S.C. in support of its decision.
The awarding criterion of the contract is the lowest price and the financial offer of the association S.C. SELINA S.R.L. – Doprastav a.s. – S.C. SODI CONSTRUCTION S.R.L. is, indeed, the lowest of admissible tenders.