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Decision in case OI/13/2017/STI on the alleged failure by the Co-operation section of the Delegation of the European Union to Somalia’s (‘the Delegation’) to provide a substantive reply to the complainant’s questions on a service contract tender procedure

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  • Affaire : OI/13/2017/STI
    Ouvert le 30 oct. 2017 - Décision le 5 déc. 2017
  • Institution(s) concernée(s) : Service européen pour l'action extérieure

1. In 2017, the Delegation organized a tender procedure for “Support to EU Information Coordination and Management System, Somalia”. In a letter dated 25 August 2017, the Delegation informed the complainant that the procedure had been cancelled as none of the tenders “had met the technical capacity as per service contract notice”. On 13 September 2017, the Delegation invited the complainant to “enter into a negotiated procedure and resubmit its proposal”. On 10 October 2017, the Delegation informed the complainant that its tender submitted within the “negotiated procedure” was not successful.

2. On 7 September 2017, the complainant wrote to the Delegation asking for a substantive reply to its question: “what part of our proposal did not meet the technical capacity as per service contract notice”. On 13 and 15 September 2017 the complainant reminded the Delegation about the issue. As the complainant did not receive a substantive reply, it turned to the European Ombudsman, on 10 October 2017.

3. The Ombudsman’s inquiry team contacted the European External Action Service and the European Commission, and asked them to reply to the complainant’s questions of September 2017. The Delegation replied to the complainant on 30 November 2017. In that reply the Delegation also adressed the complainant’s questions of 13 October 2017 concerning the lack of completeness of its tender submitted “within the framework of the negotiated procedure”.

4. As a reply has now been sent, this complaint is resolved[1] and I have decided to close the case[2].

 

Lambros Papadias

Head of Inquiries - Unit 3

Strasbourg, 05/12/2017

 

 

[1] If the complainant considers that the institution’s reply is not satisfactory, it is open to him/her/it to make a new complaint to the Ombudsman.

[2] This complaint has been dealt with under delegated case handling, in accordance with Article 11 of the Decision of the European Ombudsman adopting Implementing Provisions