Annulment of tender terms for the award of a public contract for the supply of medical technology equipment

Our firm undertook the representation of an economic operator that was effectively prevented from participating in a public procurement procedure for the supply of medical technology equipment due to unlawful and anti-competitive terms included in the Tender Notice, by filing a preliminary appeal before the Hellenic Single Public Procurement Authority (HSPPA). Our firm successfully obtained the annulment, first, of the terms of the technical specifications — which were subject to exclusion and violated a European Regulation regarding the required certification of the products to be supplied — and, second, of the methodology used for scoring the technical tenders under the award criterion of the best price-quality ratio, on the grounds that it breached the principles of equal treatment and transparency. As a result, our client was able to participate in the procurement procedure.