Ministry initiates control action over €150 million field hospital tender

On March 14, a request was submitted to the Ministry of Finance to initiate supervisory proceedings regarding the public procurement for the purchase of mobile field hospitals by the Estonian Defense Investments Center (RKIK) and to issue a directive to the bidder to declare the procurement procedure null and void.
The Ministry of Finance confirmed to Delfi that a supervisory procedure has been initiated, but Geili Heinmaa, chief specialist of the ministry's communication department, noted that due to legal restrictions, it is not possible to disclose further details or documents related to the procedure during its course.
The procedure was requested by MDSC Systems OÜ and AS Maru Metall, represented by attorneys Arsi Pavelts and Mart Parind.
"The procurement is so severely in contradiction with the law and biased that it cannot continue legally. The only way to ensure that the contract is not signed in blatant disregard of the procurement rules is to cancel the process entirely," explained Parind in his rationale for submitting the request to invalidate the tender.
On July 6, RKIK began its procurement for mobile field hospitals. Bids were submitted by five companies, including jointly by MDSC Systems OÜ and AS Maru Metall (Maru consortium) and also by Semetron AS, which had previously collaborated with AS Maru Metall on field hospitals.
The companies that requested the supervisory procedure identified several violations by RKIK. For example, the attorneys representing the companies pointed out that RKIK had changed the draft of the framework agreement after the deadline set for such amendments.
The applicants also noted that the qualification conditions set in the tender are unlawful, highlighting among other issues the reference contract requirement, which stipulates that the bidder must have produced or sold mobile aid stations or field hospitals to a NATO member state within the last five years. The supervisory request explained that RKIK has thus established a limitation that only a contract signed with public authorities is acceptable as a reference, even though the Public Procurement Act prohibits excluding experience from the private sector in this manner.
The applicants also questioned the technical conditions of the tender, finding them to be unlawful, and raised the issue of whether the procurement conditions were written in such a way that only one company in Estonia – Semetron, which has previously worked with Maru – could meet them.
Andri Maimets, director of communications for RKIK, stated that since the supervisory procedure is ongoing, RKIK cannot comment in detail on the claims made by the applicants.
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Editor: Mirjam Mäekivi, Marcus Turovski