FINLAND: Škoda Transtech has filed a formal complaint with the Market Court following Helsinki area transport operator Pääkaupunkiseudun Kaupunkiliikenne’s decision to disqualify its bid for a framework contract covering the supply of up to 183 trams.
Stadler was named preferred bidder on October 6, with its offer deemed the only compliant bid. The Stadler trams would be built at Siedlce in Poland.
Škoda Transtech, the local subsidiary of Czech rolling stock manufacturer Škoda Group which has factory in Finland, had also submitted a bid but this had been excluded from consideration.
In a statement issued on October 21, Škoda Transtech said it was confident that there ‘were no legal reasons at all’ for this exclusion, which it considered to be ‘discriminatory and in breach of fair and transparent competition principles’.
Three reasons for exclusion
Škoda Transtech alleged that ‘superficial exclusion terms have been manufactured as a way to exclude Škoda Transtech from the process and potentially to avoid a proper evaluation and comparison of all tender offers. This would most likely have shown that Škoda Transtech’s offer was more favourable.’
Škoda Transtech said Pääkaupunkiseudun Kaupunkiliikenne had given three main grounds for its exclusion, and these were confirmed in a statement by the operator:
- delays to previous contracts: Škoda Transtech said these were not raised during negotiations, had been remedied, and it believed they do not fulfil the legal criteria to act as grounds for exclusion from the tender;
- alleged undue influencing of the tender process, including statements made to the media: Škoda Transtech said this had involved publicly known facts;
- alleged non-compliance with technical requirements: Škoda Transtech said that during the tender process it had confirmed that its offer was fully compliant with all mandatory technical requirements. It said it had clarified with the operator that any discrepancies were ‘obvious minor mistakes arising from the tender documentation’, but this was not taken into account.
Škoda Group CEO Petr Novotný said ‘we strongly believe that every tender should be truly competitive – allowing the customer to compare key factors such as price, life-cycle costs and the overall value of the offer and ability to deliver on time. The decision to exclude one offer at the very end of a two-year tender procedure, without having a chance to be evaluated, does not fulfil basic principles of equality and fairness and completely distorts competition.’
1 570 requirements
Pääkaupunkiseudun Kaupunkiliikenne issued a statement saying there were a total of 1 570 requirements. Škoda Transtech’s offer did not meet 10 of the mandatory technical requirements relating to, among other things, crash safety, braking systems, the characteristics and accessibility of the wheelchair area, interior dimensions, the seat height and the noise level testing.
It said Škoda Transtech had defined its offer as a trade secret, so it was unable to disclose more details.
Pääkaupunkiseudun Kaupunkiliikenne said rolling stock procurements of this scale are often subject to legal challenge. It acknowledged that the decision had put Škoda and its Finnish factory in a difficult position, but said its requirements were designed to secure the best tram fleet from the available options.
