February 10 (SeeNews) - Bulgaria’s competition authority said it turned down US aerospace manufacturer Bell Textron’s complaint against Bulgarian health ministry's decision to launch a procedure to buy medical services helicopters through direct negotiations with Italy's Leonardo.
Bell Textron considers itself a potential executor of the contract, but the Commission on Protection of Competition (CPC) found that the law does not require the invitation of the company to the procedure, the regulator said in a ruling published last week.
The direct negotiations procedure was launched after an earlier tender for the delivery of helicopters had been cancelled as the only bidder, Leonardo, submitted an offer above the budget of 102.6 million levs ($56.3 million/52.5 million euro) set by the health ministry. The Italian company proposed a price of 123.4 million levs for the supply of six helicopters for emergency medical services.
According to data in the CPC document, the new procedure has an estimated value of 135.6 million levs. The sum is secured under an EU funding programme and covers the purchase of six helicopters, with an option for the delivery of two more. The ministry may also include additional national co-funding if Leonardo’s offer exceeds the new estimated value.
Bell Textron pointed in its complaint that Leonardo's offer under the new procedure, set at 160.5 million levs, exceeds the estimated value. The US company also believes the option for the additional funding represents a breach of law.
The ministry of health believes the complaint is without merits and Bell Textron has no legal interest because it did not participate in the cancelled original tender, the CPC noted.
According to the CPC, even if irregularities related to the estimated value are established, the potential relaunch of the new procedure would not result in the inclusion of Bell Textron in it. The move would only delay the process, the regulator said.
The CPC ruling can be appealed before the Supreme Administrative Court of Bulgaria.
(1 euro = 1.95583 levs)