"Komed" files lawsuit against the decision of the PRB panel regarding the hemodialysis tender

The company "Komed" has objected to the decision of the Procurement Review Body panel regarding the tender for the supply of hemodialysis equipment and beds, which had upheld the decision of the UCCK by which it declared the company "MediHealth" the winner. For this, "Komedi" has filed a lawsuit with the Commercial Court.

The Procurement Review Body (PRB) panel has upheld the decision of the University Clinical Center (UCCC), which declared the company "MediHealth" the winner of the tender for the supply of equipment and beds for hemodialysis, despite the fact that the Prosecutor's Office is conducting investigations into suspicions of document falsification. 

The complaint was initially approved by PRB technical experts, who requested a re-evaluation of the tender, but then the panel decided once again to re-examine the complaints, after assessing that one of them had not been fully reviewed.

The panel's decision was challenged by the company "Komed", which filed a lawsuit with the Commercial Court.

In the lawsuit filed, the company "Komed" has attached expert testimony showing that its elimination by the UCCK, under the justification of the lack of an upper limit for blood pressure measurement, was not fair.

"The technical expert explains that the reason for the elimination of the plaintiff by the contracting authority QKUK is in contradiction with the criteria of the tender dossier, specifically annex 1. The measuring parameter (Systole) 40–260 mmHg presented in the plaintiff's offer, specifically in the folder - catalog of the device (Catalog 6). The specifications and list of spare parts for Dialife on page 4 expressly state that the Blood pressure range is from 0 - 300", the lawsuit states.

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This economic operator also claimed that UCCK did not properly check the documentation and did not request additional information.

"In this case, the contracting authority not only failed to properly check the applicant's documentation, but also failed to request additional information and directly, contrary to the factual situation and the law, decided to eliminate the applicant's bid. The contracting authority is obliged to request additional information when it cannot draw a conclusion from the bids whether or not the operator meets the criteria of the tender dossier with certainty," the lawsuit by "Komedi" states.

According to this company, it was not provided with the winner's file, which indicates that he may not have met the conditions.

The UCCK had eliminated "Komed" on the grounds that there was no evidence of the installation of the equipment in three countries. The Swiss manufacturer "Dialife" has also reacted to this decision of the PRB panel, saying that its specifications exceed the tender requirements.

The value of the tender was 843 thousand euros, and in the tender the winning company "MediHealth" bid with a value of 781 thousand euros, while "Komed" bid with 679 thousand euros.

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