The Market Court revoked the procurement decision due to invalid comparison criteria

The Market Court case No. 496/14 concerned with invalid comparison criteria. The contracting entity had used number of references as a comparison criteria.

The invitation to tender, or where applicable the contract notice, shall include the award criterion. Where the criterion for the award is that of the economically most advantageous tender the contract notice shall include the comparison criteria for the award and the relative weighting given to each of the criteria or a reasonable range. The factors that affects to the comparison of the tenders must be clearly separated and the criteria of the comparison must be specified. The catalogue of the references cannot be used as a comparison of the tenders.

The Market Court found that by comparing the number of references it had been unclear whether the contracting entity intended to estimate the feasibility of the tenders. The difference between criteria that was about feasibility and comparison was not clear to tenders. No contract was signed between the tender and the contracting entity. The Market Court revoked the procurement decision and prohibited the implementation of the decision. The contracting entity is obligated to arrange a new procurement process if it wishes to proceed with the procurement.