Treasury of the Republic Favored Company in ERP Tender, Administrative Court Rules

Treasury of the Republic Favored Company in ERP Tender, Administrative Court Rules

The Treasury Violated the Principle of Equal Treatment of Bidders

The Administrative Court partially upheld an appeal by Logicom Solutions Ltd against the Treasury of the Republic, concerning a tender for the implementation and operation of an Enterprise Resource Planning (ERP) system, leading to the partial annulment of the tender's award.

As stated in the decision, Logicom Solutions argued that the Treasury displayed inconsistent treatment during the evaluation of bids submitted in the second stage of the tender. The company claimed there was undue and unjustified severity in evaluating their technical offer while showing impermissible leniency and flexibility in evaluating the technical offer submitted by the Interested Party. Additionally, Logicom Solutions challenged the award decision, alleging that the Interested Party's offer significantly deviated from the Tender's Terms and did not meet the conditions for advancement to the second stage of the tender and/or for awarding and/or selection due to the aforementioned deviations, thus violating the principle of equal treatment.

"The submission of substantial elements after the fact, which are crucial during the evaluation of an offer, is impermissible because it violates the principles of good administration and equal treatment of bidders, as correctly argued in the case at hand," the Administrative Court stated in its decision.

The Court noted that the appeal succeeds partially, regarding the challenge against the award of the tender "Implementation, Maintenance, and Operation of an Enterprise Resource Planning System (ERP) providing functionality for Accounting, Budgeting, Human Resource Management, and Payroll/Pensions" (Tender No. GL 14/2016) to Unit4 Business Software Ltd. The decision in question is annulled to the extent that it pertains to the award of the tender to the Interested Party.

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