site.btaCompetition Authority Fines Central Heating Utility over Non-conforming Public Procurement Contract

Competition Authority Fines Central Heating Utility over Non-conforming Public Procurement Contract


Sofia, October 15 (BTA) - The Commission for the Protection of
Competition (CPC) has revoked as legally non-conforming a
decision of the head of the Toplofikatsiya Sofia central heating
utility on the selection of a contractor in a public
procurement procedure for the supply of heat metering devices
and software, CPC said in a press release. The company was fined
41,737 leva, ten per cent of the value of the contract.

The proceedings were opened in connection with an effective
decision issued by the Supreme Administrative Court which found
that the bid of the winner of the tender, Austrian company ELIN
Wasserwerkstechnik GmbH, did not contain a compliance
certificate for a specific metering device. The Court
established a breach of law which renders the decision on the
selection of contractor legally non-conforming. As the court's
decision is final, the CPC had to take note of the reasoning set
out therein.