We have recently found out that a contract has been awarded (but over the past few weeks) for Goods and services that were clearly hidden or specifically evaded by using a generic building and construction CPV code that has little or no relevance whatsoever with many other products that are also to be procured. Within the OJEU notice it clearly omitted advertising the correct codes as recommended by the use of correct EU commission recognised CPV codes. In this instance different types of domestic lifting products were required as a “separate LOT” i.e. hoists, stairlifts, step lifts, wheelchair through floor lifts etc. each of which have their own CPV code, yet were advertised under building works and construction. We have challenged the validity of this award within the 10 day stand-still period. Yet the awarding authority is blatantly ignoring these facts and suggesting it is our fault for not recognising their tendering opportunity. We explained, “in fact we would have had we been alerted by “TED” if the correct CPV codes had been used as we have alerts set up for our specific CPV code opportunities”. Stairlifts have their own dedicated CPV Code (44115600) not the building code that was used (71020000) to mask their procurement.
In your professional opinion what recourse is open to us baring in mind we are not the sort of ethical company that likes its “world beating brand” dragged through the courts?