Major Assignments - Public Procurement

Attorney-at-law Sandor Elias represented a client in a significant dispute in the Supreme Court in administrative matter 3-20-924. In its judgment of 4 November 2020, the Supreme Court found that contrary to the understanding that has taken hold in the current judicial practice, not every tender below its cost price is prohibited. The Supreme Court found that cross-subsidisation with non-contractual revenue is not prohibited, unless separately forbidden by the law applicable in the field or the terms and conditions of the public procurement. However, a tender below its cost price is unacceptable, for example, if it distorts competition, foremost if the tenderer were to thereby abuse its dominant position by freezing out its competitors from the market. In conclusion, the decision of the Supreme Court is significant in shaping the future of the public procurement landscape. First, it brings the logic of public procurements and of private market closer together as a tender below its cost price is also not always prohibited in the usual relationship between entrepreneurs. Secondly, it inevitably places a somewhat higher administrative burden on contracting authorities.

Certificate of Eligibility was issued to a TRINITI client as a result of efficient cooperation among the Ministry of Economy and Innovation of the Republic of Lithuania, the NATO Communications and Information Agency, the NATO Support and Procurement Agency and TRINITI lawyers. The document certifies compliance of the client‘s company to the financial, technical, professional and security requirements. As of 21 July 2020, the company represented by TRINITI lawyers is included into the NSPA suppliers list eligible to participate in NATO procurement.

TRINITI assisted Reaalprojekt in the Rail Baltic railway engineering and design work for the Estonian section of the new high-speed European gauge passenger and cargo railway to be built from Tallinn to the Lithuanian-Polish border. Read moreThe opinion of the Appeals Committee in this case is noteworthy as it states that although the appellant is not obligated to read work-related correspondence on days-off, if they do so regardless, the fact that the day in question was a day off does not change the moment at which the relevant decision was learned of. The procurement contract was awarded to our client Reaalprojekt

TRINITI assisted the Latvian Investment and Development Agency in preparing model guidelines for the legal framework and procurement procedure for the “Centres of Competence” programme. The total amount of EU financing in this activity was over 50 million EUR, which was allocated to finance centres of competence from 2011 to 2015

TRINITI represents the claimant DB International GmbH in on-going court proceedings against Lithuanian Railways regarding the risks related to the changes to VAT regulations while fulfilling public procurement agreements. The case is of public importance, as the ruling of the court shall probably present a precedent in domestic public procurement law

TRINITI represented a leading Estonian security services provider USS Eesti Security AS in security procurement disputes with Estonian Railways and the Port of Tallinn. As the relevant procurements were simplified procurements in relation to which previous contestation cases are rather limited in number, the proceedings created precedents. Read moreOur innovative work on the case resulted in the awarding of both procurement contracts to USS Security Eesti AS

TRINITI represented the Strabag group – Josef Möbius Bau-Aktiengesellschaft – in the closed tender for the Free Port of Riga “Infrastructure development in the Krievu Island in order to relocate port operations away from the city centre in Riga, Latvia”. The planned investment in this project amounted to 150 M EUR

TRINITI represented Klaipeda University in various public procurement cases, including the tender regarding the research ship to be used in scientific activities by the university

Advising on the public procurement for street lighting systems in the Estonian cities of Kuressaare, Valga, Võru, Haapsalu, Jõhvi, Keila and Paide to make them more energy efficient. As a result of our persistent work we managed to invalidate all of the competitor’s reproaches and convince the Appeals Committee as well as the contracting entity that K-Projekt has all the specialists, references and other means required to implement the reconstruction work. Read moreA procurement contract between the Environmental Investment Centre foundation, representatives of the towns and K-Projekt was consequently concluded

The TRINITI team successfully represented ACB & Strabag in a restricted tender procedure for the reconstruction of Apron No 1 at Riga Airport. TRINITI lawyers advised the bidder and prepared the tender documentation