Vastus pöördumisele

Tere

Edastan Riigihangete vaidlustuskomisjonile laekunud e-kirja Riigihangete registrile pakkumuse esitamist takistanud asjaolude välja selgitamiseks.

Võimalike tehniliste takistuste peale pakkumuse esitamisel vaidlustuskomisjonile vaidlustust esitada ei saa.

Palun edastage vastus otse e-kirja saatjale.

Lugupidamisega

Angelika Timusk

Vaidlustuskomisjoni juhataja

Dear Ladies and Gentlemen,

We joined the tender with reference 281736 by Metrosert (10397748) for an engineering to find a concept for a Biomass refinery pilot plant.

Submission Date has been on Monday 29^th of July 12.00 PM Estonian Time, 11:00 AM German time.

The submission of the tender was not successful out of reasons we do not know. Tere have been required information which has only been available in Estonian language. In our point of view a website which supports the English language in all kinds of information a required information in Estonian language is kind of limitating thread and not free of barrier to submit the tender. The real reason why it did not work is not known.

As you can see in the following screenshot the offer documents have been uploaded in time. They are still in the system ( Screenshot if from 07.08.2024 13:08 German time, 14:08 Estonian time.

As the fault in the system was noticed we sent the offer documents by mail to make sure that they are submitted on time.

Metrosert told us that the offer is not able to be considered because it is not available in the system.

The Screnshsot shows that they are still available in the system.

For that we request to check the procerdure once more since we are not getting sufficient answers from the tenderer.

The EU Directive 2014/24/EU, which serves as the basis for the tender, points out several times that communication does not allow discrimination.

A WEB site that offers support for the English language but then requires knowledge of the Estonian language constitutes discrimination.

We already gave this information to Metrosert but the answer every time was that our offer cannot be considered.

Kind regards from germany,

Daniel Küthe

Dear Daniel Küthe

According to the Estonian Public Procurement Act (https://www.riigiteataja.ee/en/eli/ee/525032019011/consolide/current) § 185  Contesting the actions of contracting authority or entity

 (1) A tenderer, candidate or economic operator interested in participating in public procurement (hereinafter contesting party) may contest the actions of the contracting authority or entity by filing a contestation notice with the Public Procurement Review Committee (hereinafter Review Committee) if it finds that an infringement of this Act by the authority or entity infringes its rights or adversely affects its interests.

 (2) A contestation notice may be filed against the following documents or decisions of the contracting authority or entity:
 1) procurement documents;
 2) exclusion of the candidate or tenderer from the procurement proceedings; 

3) non-exclusion of a candidate or tenderer from the procurement proceedings under subsection 2 of § 97 of this Act; 

4) selection or non-selection of an economic operator;
 5) declaring a tender suitable;
 6) rejection of a tender or rejection of all tenders;
 7) declaring a tender successful;
 8) any other decision which has been made by the authority or entity under this Act and which may infringe the rights of the contesting party or adversely affect its interests.

So I am sorry, but disputes cannot be submitted to the problems arising from the use of the public procurement register.

I forwarded your e-mail to the Public procurement register for a reply (did the register have technical problems during the tender submission). If the problems are confirmed and the contract has not been awarded, you can apply to the Ministry of Finance for regulatory enforcement and administrative supervision (Chapter 9 of the Public Procurement Act).

Best regards

Angelika Timusk

Public Procurement Review Committee

Dear Ladies and Gentlemen,

We joined the tender with reference 281736 by Metrosert (10397748) for an engineering to find a concept for a Biomass refinery pilot plant.

Submission Date has been on Monday 29^th of July 12.00 PM Estonian Time, 11:00 AM German time.

The submission of the tender was not successful out of reasons we do not know. Tere have been required information which has only been available in Estonian language. In our point of view a website which supports the English language in all kinds of information a required information in Estonian language is kind of limitating thread and not free of barrier to submit the tender. The real reason why it did not work is not known.

As you can see in the following screenshot the offer documents have been uploaded in time. They are still in the system ( Screenshot if from 07.08.2024 13:08 German time, 14:08 Estonian time.

As the fault in the system was noticed we sent the offer documents by mail to make sure that they are submitted on time.

Metrosert told us that the offer is not able to be considered because it is not available in the system.

The Screnshsot shows that they are still available in the system.

For that we request to check the procerdure once more since we are not getting sufficient answers from the tenderer.

The EU Directive 2014/24/EU, which serves as the basis for the tender, points out several times that communication does not allow discrimination.

A WEB site that offers support for the English language but then requires knowledge of the Estonian language constitutes discrimination.

We already gave this information to Metrosert but the answer every time was that our offer cannot be considered.

Kind regards from germany,

Daniel Küthe