Our procurement experts represented Capital, a full-service IT company, in a dispute over providing objective data on video cards’ testing performance.
In the disputed tender, the Latvian Police intended to procure high-performance laptops and stipulated that the performance of the video card had to meet a score published on the website. However, the scores published by the said website change daily. This led to a dispute with the contracting authority concerning the point in time when the website scores should be taken into account, and how they should be documented and by whom. As the tender specifications did not regulate such details, the contracting authority had to suspend the procurement to make substantial amendments to the tender documentation – to establish objectively verifiable performance indicators.
The dispute signals a change in the approach of public buyers of IT hardware, who are trying to make these purchases based on actual performance data rather than the technical performance parameters indicated by the manufacturer. However, requires more diligence by the purchaser to adapt the performance measurement practices accepted in the industry to the applicable laws.
Our team
Our team was led by senior associate Katrīne Pļaviņa-Mika and supported by associate Katrīna Bičevska.
