Vastusdokument

Hr Ivar Prits Eesti Kohtuekspertiisi Instituut Tervise 30, 13419 Tallinn [email protected] 10.02.2021 Compromise offer re procurement contract no 4-6/162-1 Dear Mr Prits, First of all, thank you for seeing a possibility to extend the deadline for collecting the goods after the termination of the procurement contract. We have started to organise the transportation and storage of the goods and will let you know at the first possible opportunity about the exact time of collecting the goods from EKEI premises. At the same time I regret that EKEI did not see a possibility for a meeting to discuss the situation. It was the wish and purpose of Labochema to discuss a possible out-of-court amicable solution to the situation that would suit both parties. Labochema would prefer not to use the means of a court procedure to solve this matter, if avoidable. Labochema therefore makes a last effort to explain the reasons for asking for a meeting and presenting a solution for a compromise. Although you stated in your written response from 9 February 2021 that EKEI does not see a possible compromise solution, Labochema is of the opinion that an amicable compromise is nevertheless possible. Labochema offers to compromise with the following conditions: - The Parties agree to end the procurement contract based on mutual agreement without fulfilling the contract. The Parties consider the unilateral termination to have no legal consequences. - Labochema waives the right for remuneration for all the goods already delivered (that is, also for the goods that EKEI officially already accepted); - Labochema collects all the goods already delivered and does not claim damages regarding additional transportation and storage costs (that is, also for the goods that EKEI officially already accepted); - EKEI waives all related claims against Labochema (fulfilment of the contract and/or other damages deriving from the circumstances of the case). Labochema draws your attention to the fact that in case a contracting authority has terminated a public procurement contract due to a fundamental breach of the contract, a mark is made by the contracting authority to the Estonian Public Procurement Register regarding how Labochema fulfilled the contract. That includes information about the fact that in EKEI’s opinion Labochema fundamentally breached the contract terms. Under the art 95(2)8 and (5) of the Estonian Public Procurement Act, any contracting authority or entity is allowed to exclude a tenderer from a public procurement procedure if such tenderer has in the last 3 years fundamentally breached a public procurement contract. Therefore, for the next 3 three years such information about Labochema will be influencing the participation and success of Labochema in other public procurements. This will directly influence the income of Labochema. Labochema is nevertheless of the opinion that Labochema delivered the goods specifically described in the public procurement documentation, Labochema did not breach the contract. As the information to be published in the public procurement register has the potential of significantly affecting Labochema’s participation in public procurements and its business over an extended period of time, Labochema will thus be forced to start a court procedure to protect its rights, unless an amicable out-of-court settlement is reached. As stated in the compromise offer conditions, Labochema is therefore willing to end the dispute on terms whereby EKEI does not bare any damages, Labochema shall not demand remuneration or other related costs and in case of a mutual compromise, the information about the fulfilment of the contract by Labochema will not be published in the register. As the Parties are of different opinions about the reasons the dispute started, we feel this is a fair solution to the situation. Labochema would otherwise need to report in each procurement offer in Estonia that it has breached the contract, there is an ongoing dispute regarding the actual liability and the contracting authorities would thus inquire about the reasons for termination also from EKEI for the next 3 years. It is our wish to avoid such outcome by reaching a mutual compromise with EKEI to end the dispute without a lengthy and costly court procedure. Looking forward to your constructive feedback. Yours faithfully, (signed digitally) Ille Knotts Saatja: Ille Knotts - Labochema Eesti <[email protected]> Saadetud: 10.02.2021 08:36 Adressaat: Ivar Prits <[email protected]>; EKEI Info <[email protected]> Koopia: Deivaras Šelmys - Labochema LT <[email protected]> Teema: Compromise offer - Labochema Eesti OU Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. Tundmatu saatja korral palume linke ja faile mitte avada. Saatja: "Ille Knotts - Labochema Eesti" <[email protected]> Saaja: "Ivar Prits" <[email protected]>, "EKEI Info" <[email protected]> Teema: Compromise offer - Labochema Eesti OU Kuupäev: 2021-02-10 06:36 Dear Mr Prits &nbsp; Herewith I send the compromise offer from Labochema Eesti OU. &nbsp; &nbsp; Kind regards &nbsp; &nbsp; Ille Knotts Sales Director &nbsp; Labochema Eesti OU Riia 142, 50411 Tartu, Estonia GSM: +372 56924107 [email protected] www.labochema.com &nbsp;