Request for Review – Procurement 284958 To: Public Procurement Review Committee Ministry of Finance of the Republic of Estonia Suur-Ameerika 1, 10122 Tallinn, Estonia [Via Riigihangete Register or other applicable channel] Date: 9 May 2025 Subject: Request for Review – Rejection of Tender by SMART Simulators Limited in Procurement 284958 Procurement Title: "Purchase of a Multifunctional Railway Vehicle Simulator – Tallinn University of Applied Sciences" Dear Members of the Public Procurement Review Committee, On behalf of SMART Simulators Limited, I respectfully submit this request for review concerning the decision made by the Contracting Authority on 29 April 2025 to reject our tender submission under RHS § 115 lg 8, citing an “unreasonably low price.” We contend that this decision was based on incorrect assumptions and incomplete consideration of the evidence and clarifications we provided. We respectfully request that the Committee review the decision, based on the following grounds: 1. Full Compliance with Requirements and Transparent Clarification Our offer was accepted as compliant under RHS § 114 lg 1. In response to requests from the Contracting Authority, we provided clear, detailed clarifications in our QA documents (refs: SMART Estonia QA 250317 RevC, Scope 250221 RevA, and General Description 250217 RevA). These included: - Justification for our competitive pricing, supported by cost references and comparable installations (UK, Georgia, EU). - Details on our delivery and refurbishment model—highlighting cost efficiency due to the reuse of an existing simulator desk and localized reassembly at sites such as Tallinn or Lithuania, avoiding costly international shipping. This is further supported by the documented fact that our Director and main Shareholder is Lithuanian. - Clarification that facilities will be procured or rented as needed once the contract is awarded, following our typical project setup process. - A clear explanation of main equipment costings, including the retail price of motion platforms available on public supplier websites, validating our offer. Please refer to https://motionsystems.eu/products/ At no point were we asked for additional supporting invoices or pricing breakdowns beyond those already supplied. We were prepared and remain willing to provide these upon formal request. 2. Incorrect Assumptions in Rejection Rationale The Contracting Authority appears to have inferred that the absence of a confirmed workshop address implies international shipment of major assemblies. This is inaccurate and was clearly refuted in our clarification documents. As noted, we routinely establish temporary local facilities based on project location and do not incur international shipment costs in the manner assumed. Further, the assumption that the cost of specific simulator elements (e.g., the motion platform) was understated fails to consider the public retail pricing available and the cost advantage of our in-house development and procurement efficiencies. 3. Demonstrated Technical Superiority and Delivery Capability We have consistently demonstrated higher graphical realism and system maturity than the other bidders—information that was available to the Authority through public documentation and our references. No steps were taken to verify or validate our past performance with our current UK clients (e.g., Avanti West Coast, EMR), despite the feasibility of doing so through live demonstration or reference calls. 4. Wide Disparity in Competing Bids Reflects Specification Ambiguity, Not Bid Risk The bids received range from under €300,000 to over €3 million. This extreme variance suggests difficulty by some suppliers in interpreting the technical specification, which should prompt closer consideration of value and realism, not automatic exclusion of the most competitive bid. Request for Redress: We therefore request that: 1. The rejection decision under RHS § 115 lg 8 be annulled. 2. The Contracting Authority be directed to request any additional documentation they consider necessary to confirm our price justification. 3. SMART Simulators Limited be reinstated in the evaluation process for procurement 284958. We respectfully request the Committee to consider the accompanying documentation and this letter as our formal appeal. Yours faithfully, Paul Williamson Solution Architect SMART Simulators Limited Contact: +44 07412 590 188 | Email:
[email protected] Mr Ian Duffy Director SMART Simulators Limited Contact: +44 07525 725 370 | Email: ian.duffy @smart-simulators.com Attachments: - SMART Estonia QA 250317 RevC - SMART Estonia Scope 250221 RevA - SMART Gen Desc Talinn 250217 RevA - Rejection Notice (Riigihanke 284958) - Supporting Emails / Clarifications from Riigihangete Register