“Rigas satiksme” has assessed the letter of 5 March 2019 from the Delna society for Transparency (hereinafter referred to as “Delna”), in which it is requested to recall false and reputational news. In reply to the letter, “Rigas satiskme” informs about the following.

As regards the first “Rigas satiksme” statement related to the involvement of SIA “4 bee” in the assessment of the specification for the supply of low-floor trams, we consider that the statement is justified and do not agree to recall it. We believe that “Rigas satiksme” had reason to argue that SIA “4 bee” was involved in the assessment of the technical specification for the procurement of low-floor trams, as a representative of SIA “4 bee” participated in the assessment of the technical specification at the premises of “Rigas satiksme” in Riga, Brivibas street 191, 12th office on 31 August 2018 and 3 September 2018. During the first meeting (31 August 2018), a representative of Delna presented a representative of SIA “4 bee” and a representative of SIA “CMB” as involved experts in the assessment of the technical specification of low floor trams, as evidenced by the signatures of the two experts in the signed statement. The statement has been sent to Delna.

Regarding the second “Rigas satiksme” statement, which is linked to the fact that Delna has not informed “Rigas satiksme” that illegal practices would be seen in the procurement, we inform that, in some cases, Delna's representatives have informed the procurement commission on the need to make amendments to the procurement documentation. This information may be assessed as information on possible illegal activities (violations of regulatory enactments regulating procurement procedures). Consequently, although the public statement of “Rigas satiksme” with the wording “has not informed that the procurement would show illegal activities”, it was intended that Delna did not provide a comprehensive report to the management of “Rigas satiksme” on the illegal conduct of the procurement commission, we agree that the wording used in the public statement, from which it could be understood that Delna has not informed "Rigas satiksme” at all about illegal activities, is not correct and is to be recalled. “Rigas satiksme” cancels the news.

Regarding the third "Rigas satiksme” statement, according to which Delna was obliged to alert the competent authorities to alleged illegal practices in the implementation of the project, on the basis of the rights given in the contract on monitoring the implementation of the project, and not to draw attention to it only less than a year later after the announcement of the negotiations procedure in public, we consider that this claim is well founded and do not agree to recall it. Although, in the context of the procurement procedure for the supply of low-floor trams, Delna turned to the Procurement Monitoring Bureau during the drafting of procurement documents and informed about its objections regarding these documents, the correspondence was still in the working process prior to the approval of the regulation. It should be stressed that during the process of preparation of the procurement procedure documents many of Delna’s ojections were taken into account, including some objections, following a recommendation from the Procurement Monitoring Bureau, but following the approval and announcement of procurement documents which received a positive opinion from the Procurement Monitoring Bureau, Delna has not addressed the competent authorities on possible illegal activities in the implementation of the project. Regarding the turning mentioned in the letter of Delna to the State Police in connection with the alleged falsification of the selection documents submitted by the applicant, it is noted that this application of Delna to the State Police does not constitute a “referral to the competent authorities regarding possible illegal activities in the implementation of the project”, since the mentioned illegal activities were not carried out in the implementation of “Rigas satiksme” project. The unlawful conduct of a single applicant that was also excluded from participation in the procurement procedure, when preparing the tender documents, cannot be assessed as “illegal activities in the implementation of the project”.

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