Opinion of the project company ICGB in relation to an appeal filed by Toplivo 2 EOOD
In relation to appeal, submitted by the company Toplivo 2 EOOD against the decision for selection of contractor for the public procurement for manufacture and supply of line pipes, the project company ICGB considers that the Decision of the contracting authority is well-grounded and there are enough grounds for the selection of Corinth Pipeworks S.A. for a contractor of the public procurement as well as for the exclusion of Toplivo 2 EOOD from participation.
In the Decision of the contracting authority, the report from the work and the minutes of meeting of the Evaluation committee there are enough arguments for the taken decisions. The whole information, in a fully public and transparent way is available on the webpage of ICGB.
The provisions of the Public Procurement Act (PPA) provide the opportunity to each participant, who does not agree with the decision of the contacting authority, to seek his rights at the Commission for protection of competition. Moreover, for cases of protection of particularly important state interests there is an opportunity for provisional enforcement of the Decision on award of the procurement. In case of admission of such provisional enforcement, the Contracting authority may assign and activate (certain) procurement even if the examination of the appeal is still not completely finished by effective decision. The implementation of this legal opportunity shall allow the Project company to start the construction and to organize the delivery of pipes, because in this case there is an important state interest, expressed in the need the gas pipeline to be put into operation together with the first gas deliveries for Bulgaria through the Southern Gas Corridor.
ICGB AD respects the statutory rights and interest of all participants in the procedures on award of public procurements, but in the particular case, we have reasons to believe that it has been issued a grounded and lawful decision.
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