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The case concerned a procurement procedure organised by the EU Capacity Building Mission (EUCAP) in Somalia. The complainant submitted an ‘expression of interest’ to participate in the procurement procedure, and subsequently followed up with e-mails, but did not receive a reply from EUCAP Somalia.

From the documentation provided in the complaint, it would seem that the complainant sent its expression of interest and subsequent e-mails to the e-mail address indicated in the notice for the procedure. However, EUCAP Somalia claims that it never received the expression of interest, even after subsequent verification. It therefore appears that the electronic system used for submitting documents, via a functional mailbox, was not fit-for-purpose, as it failed to ensure that the complainant’s application was correctly received and stored.

It is not possible for the Ombudsman at this remove to assess what kind of technical problem occurred in this case. However, the Ombudsman urges EUCAP Somalia to carefully review the matter to identify the issue and, if it finds a problem with its current system, to put in place an electronic system for future procurement procedures that complies with the requirements in the EU Financial Regulation, concerning the authentication of bidders and the receipt of documents.