The Luxembourg-American company Corporación América Airports (CAAP), ranked second in the tender for the award of concessions to Montenegrin airports, announced that it will file a lawsuit with the Administrative Court against the decision of the Government Commission for Concessions, according to which the South Korean company Inchon was ranked first in the tender.
CAAP told Television Vijesti that, although the Concessions Commission partially accepted their objection to the ranking list and ordered the Tender Commission to eliminate the identified irregularities - which will likely mean a new, third scoring of the bids, they are against re-scoring because they believe it will be as illegitimate as the second scoring.
"Also, a new technical evaluation, now that the members of the Tender Commission are already familiar with the financial offers of both companies, would represent a serious violation of the law and the tender procedure, which clearly stipulates that the technical evaluation can only be carried out before the opening of the financial offers. Such a procedure would completely undermine the process," the Luxembourg-American company said.
They announce that they will point out in their lawsuit to the Administrative Court that parts of two bids were scored twice, which, they say, is contrary to the tender rules, Montenegrin and EU regulations, and that there was unnecessary influence on the tender procedure by the Government of Montenegro and its advisors from the World Bank.
They conclude that, after Inchon's bid failed the first phase, an illegal second scoring allowed them to advance and then be the top-ranked bidder, so they must turn to the Montenegrin courts to correct this dramatic mistake.
The Complaints Commission determined that there was formally no double scoring in the tender procedure, and the president of the tender commission, Nik Đeljošaj, announced that it would consider the possibility of re-scoring the technical part of the bid.
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