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Photo by Judita Grigelytė (VŽ).
The Vilnius City Municipality illegally selected the road construction companies Fegda and Tilsta as winners of the tender for the reconstruction of the intersection of Liepkalnio, Žirnių streets and the Minsk highway in the capital.
This was decided by a final decision by the Supreme Court of Lithuania (SCL), which imposed a fine of 500,000 euros on the municipality, and Panevėžio keliai, one of the largest road construction companies in the country, ordered 35,000 euros in litigation costs. both the municipality and the Fegda.
SCL stated that the tender was not transparent, but decided not to terminate the contract with the contractor, but to impose an alternative sanction on the contracting authority. In making this decision, the SCL prioritized the public interest and took into account that a large part of the work on the contract had already been done.
Povilas Poderskis, director of the municipal administration of the capital, said the SCL’s decision is contradictory.
“We evaluate the court fine negatively and we do not understand the ruling itself, because at the same time we evaluate everything (in the purchase – VŽ) too strictly and too little, but no one will be able to complain about that here. By choosing the winning bid, we save 1 , 5 million. Eur and a long time. In the total amount, the election is still a purpose and we will pay the fine, “he said.
The managing director said fining the contractor would also be considered.
“We will consider adjusting the fine to the contractor, we have this option,” Podersky said.
According to P. Poderskis, the reconstruction of the intersection is expected to be completed on time.
“It just came to our knowledge then. The contractor works on time, everything is configured in detail and the object itself will be opened on time,” said the director of administration.
You provided false information
According to the court, the information provided by the tender winners in the tender about the planned specialist’s experience was false, so they could not be allowed to update the qualification data further and the tender had to be rejected.
“The fact that a group of suppliers has repeatedly reviewed their rating data presupposes the illegal application of the law and the lack of transparency of the procedures. Even if the data could not be considered false, allowing the contracting authority to review the data as long as it justifies compliance with the qualifications violates the principles of equality and transparency of providers and leads to an unjustified preference for the winners, “the court ruled.
The court overturned the judgments passed by the lower courts in 2019 and 2020, in which Panevėžys Roads’ claims were rejected. However, he decided not to terminate the contract and imposed an alternative sanction: a fine.
“Due to the importance of the contracted works and their results in relation to the construction of relevant infrastructure for a part of society, given that a significant part of the works are already completed, the contract will be declared void, being the body of contracting a fine of approximately 1.25% of the value of the contract. The Chamber considers that such a fine will be in line with the general objectives of effectiveness and deterrence, “the court ruled.
It was announced that in court “Panevėžio keliai” requested that the municipality’s decision to finalize a supplier list be annulled, a contract was concluded between him and Fegda, and the bidders returned to the bid evaluation stage.
According to Panevėžio kelias, Fegda, who won the tender, provided false information about the construction manager’s experience in the tender.
In 2019, the capital municipality signed 31 million. Contract value in euros with Fegda and Tilsta. Reconstruction of the intersection began in the fall of the same year and the project is scheduled to be completed in 2020.
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