Ministry of National Defence
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STATEMENT


Regarding the information on the Decision of the National Council of Solving the Appeals on the appeal made by EADS CONSTRUCCIONES AERONAUTICAS S.A. Spain, the Department of Armaments makes the following statement:

ROMTEHNICA S.A. received the Decision 129/ January 31, 2007 of the National Council of Solving the Appeals (CNSC) on the appeal made by the EADS CONSTRUCCIONES AERONAUTICAS SA, Spain and admitted part of this appeal and ordered the cancellation of the purchase of “7 medium/short courier transport planes”, “the minimal initial logistic support” and “the maintenance services during the lifetime of the plane”.

On February 2, 2007 after receiving the decision, CN ROMTEHNICA SA translated the CNSC decision to the two qualified firms, EADS and ALENIA.

In the same time, the CNSC refused EADS’ request on the technical specifications illegality and the request for the contracting authority to remake the documentation of attribution, as being belated , because it had the right to dispute theses specifications before making the offer, according to art. 272 align (2) of the Ordnance of Urgency of the Government no. 34/2006.

According to the decision, the cancellation of the proceeding was motivated by the non observance of the principles of transparency, equality and non-discrimination stipulated at art 2 align(2) letter a), b) and d) of the Ordnance of Urgency of the Government no. 34/2006 because the two above mentioned companies had a documentation in English language which was not identical with the Romanian one, having in view that the announce of participation was in Romanian for the presentation of the offers.

The English version documentation was made at the two companies request. The stipulations transmitted by the contract authority deliberately stipulate “ for the confusion not to exist in making the offers and the request of clarifications, we do precise that the reference documentation is that one in Romanian. The English version presentation of the documentation of assignment is only orientative”.

CN ROMTEHNICA SA is studying the CNSC decision and will pass out on the way of the action within the period of time the law foresees.



Department for Armament

 

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Actualizare: 21.08.2017