Non-Subscriber ExtractSweden must re-run its AWV contest, court rules |
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By Matthew Bell
02 November 2009
The Patria Armoured Modular Vehicle, shown here with a Denel LCT advanced two-person turret, won Sweden's disputed armoured wheeled vehicle contest. (IHS Jane's/Patrick Allen)
Sweden's armoured wheeled vehicle (AWV) contest should be re-run because the procedure behind the award of a EUR240 million (USD355 million) contract to Patria in June was not lawful, a Swedish court ruled on 29 October.
Länsrätten – the Swedish county court that heard an appeal brought by BAE Systems Hägglunds – said that while Sweden's defence procurement body (FMV) had carried out the contest "correctly" in general, "certain parts" of the procurement process were performed "contrary to law".
The ruling by Länsrätten said the FMV's procurement process was flawed because the body had provided "unclear information to bidders"; had used "an unreasonably short tendering time"; provided incomplete documents in some parts of its original request for proposals; and had made "unauthorised material changes to the specifications".
The court found that FMV's process was, therefore, in breach of the principles of "transparency and equal treatment" enshrined in Sweden's LOU (Sweden's public procurement act). Länsrätten concluded that BAE Systems Hägglunds would have been "likely to suffer damage" as a result.
An FMV spokesman told Jane's on 29 October he was "a little surprised" at the court's ruling. "Of course, we respect the court's verdict," he added.
Patria won the contract with its Armoured Modular Vehicle (AMV) 8x8 platform.