Ellex Raidla Advokaadibüroo OÜ
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EE-10119, Estonia
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Arne Ots
T. +372 5225283
[email protected]
Asko Kivinuk
Estonian Centre for Defence Investment
Järve 34a, 11314 Tallinn 2 December 2021
[email protected]
[email protected]
LETTER OF INQUIRY
Dear Mr Kivinuk,
We write to you at the request of our client Kongsberg Defence & Aerospace AS (“Kongsberg”), regarding
the public procurement proceeding conducted by the Estonian Centre for Defence Investment (“ECDI”) for
purchasing the “SSM Missile System”.
Kongsberg was one of the tenderers who submitted its tender for supplying the SSM Missile System to ECDI
in accordance with the procurement documents. As a result of the public procurement, Proteus Advanced
Systems Pte. Ltd. was selected as a successful tenderer and on 6 October 2021 a public contract was signed
between ECDI and Proteus Advanced Systems Pte. Ltd.
In response to Kongsberg’s earlier information request to ECDI about the evaluation, ECDI took the view that
no further information (than just mentioning who of the tenderers was successful) could be provided.
Kongsberg hereby kindly asks ECDI to revise its earlier position and share the evaluation discussion and
results (if there is an evaluation matrix, please provide that) or at least describe the evaluation in as detailed
manner as possible. It is very important for Kongsberg to understand what the advantages of the successful
tender were, considering the terms and conditions of the public procurement, so as to learn from the
experience and improve to be better prepared for any future public procurements in Estonia and elsewhere.
The information request has also been made considering that there has been involvement on government-
to-government level in this procurement and Kongsberg as a 50% government owned company must
therefore be able to explain the outcome of the procurement to the Norwegian government.
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In the event ECDI were to remain of the opinion that no further information can be disclosed, Kongsberg
would kindly ask to refer to the corresponding provision of the legal act or regulation that prohibits such
disclosure, along with respective reasoning. We believe the evaluation should, as a rule, be transparent,
whereas any deviations from that principle should be exceptional and well founded.
We would appreciate if ECDI responded to this letter by 10 December 2021.
Yours sincerely,
/signed digitally/
Arne Ots, attorney at law
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