procurement

Compugroup Medical Sweden AB (CGM) has today submitted an appeal to the Stockholm Administrative Court on the basis of Region Stockholm‘s decision in the well -known procurement of a new main journal system. The decision has previously been subject to review in the Administrative Court, where CGM’s action was rejected, even though the company shows that there were serious deficiencies in the procurement process.

In its appeal, CGM emphasizes that there have been several serious deficiencies and legal security issues linked to the administrative court and the region’s handling of the case. CGM means that:

• The region has rejected CGM’s tender without being able to specify the requirement that CGM has not met. This at the same time as competitors’ tenders have been accepted, even though they have not met the mandatory requirements in the procurement. The Administrative Court has not conducted any independent examination of the circumstances of the case. It is noticed that the court was also not able to point out any requirement in the procurement that CGM would have violated.
• The region’s decision to award the procurement to a supplier who submitted a tender price that is 735 million higher than CGM’s tender constitutes an unauthorized state aid. However, the Administrative Court has not tried whether the price that the region pays is market -based, but has been incorrectly assumed that this is the case. For a correct and legally secure examination, the court must make an assessment of whether the price is market -based.
• CGM has been dependent on being able to hold oral interrogations with representatives of CGM and the region to be able to safeguard their rights and prove that the region has violated LOU by rejecting CGM’s tender, but the court has nevertheless refused to hold oral hearing in the case.
• The case should have been settled by a full right in the Administrative Court, ie. with several judges and/or board members, given the complexity and importance of the procurement for public health care in the Stockholm and Region Gotland Region.

The procurement concerns a new main journal system that is critical for healthcare operations in both Stockholm and Region Gotland. It touches on great economic values ​​and has attracted great media and political attention during the process, including on the issue of tender confidentiality.

An examination in the District Court is urgent, as confidence in the procurement regulations is at risk of damage when procurement is carried out, which, like Region Stockholm, can be called into question at several serious points.

• It is important to ensure a legally secure procurement process, not least in light of the long -term consequences for health care and confidence in the region as an authority, says Massimo Johansson, Vice President Sales, Marketing & Communication.