Tark has successfully represented Solaris Bus & Coach in a dispute over the procurement of gas buses for Tallinna Linnatranspordi.
In August 2019, TLT named Solaris as the successful tenderer for 100 compressed natural gas buses. The award of the tender was challenged by a competing firm, Scania, which had made an offer ultimately declared ineligible.
According to Tark, “Scania’s offer was considered ineligible because, in addition to the cost of the buses, tenderers had to disclose the full cost of using the buses and the cost of non-warranty maintenance and spare parts/materials over ten years of use. Scania’s offer did not state these costs as requested. Scania did not agree with their exclusion and challenged TLT’s decisions.”
The dispute was considered both by the Public Procurement Complaints Board and in the first and second court instances. On November 26, 2019, the Supreme Court refused to accept Scania’s appeal of the circuit court ruling in favor of Solaris, bringing an end to the process.
“After proceedings at the complaints board, two court instances and an Appeals Selection Committee, it was decided that the contracting authority had done everything correctly from the beginning,” said Rahel Behrsin, Attorney at Tark. “These proceedings have only delayed the purchase of economical and environmentally friendly buses for the people of Tallinn for six months. Our client has now started to prepare the agreement with Tallinna Linnatransporti AS and hopes to bring the first 100 gas buses to Tallinn soon.”
According to Tark, “as a result of the successful dispute, Solaris and TLT are today working on the preparation of the procurement contract. Solaris gas buses will be seen in Tallinn city traffic in autumn 2020.”
The Tark team included Partner Tauno Tark and Attorney Rahel Behrsin.