The purchase of the Luca app for tracking contacts in the corona pandemic by the state of Mecklenburg-Western Pomerania was contrary to procurement law.
The higher regional court in Rostock on Thursday declared the purchase of March 8th of this year to be ineffective.
The direct award was a violation of competition law, and an application for permission to continue the contract was rejected.
Rostock - The court upheld the action brought by the software company Vidavelopment in Wallenhorst (Lower Saxony).
(Ref .: 17 Verg 4/21)
In its reasoning, the court saw an unforeseeable urgency to obtain the app because of the pandemic, but the competition should not have been completely excluded.
It would have been reasonable to ask for several offers.
As the OLG found, Vidavelopment had already sent an offer for its product, the Vida app, to the State Chancellery in October 2020 and again directly to Prime Minister Manuela Schwesig (SPD) four days before the Luca app was purchased.
This offer should have been included in the selection decision.
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The OLG also found that the Vida app was fundamentally competitive and met the minimum requirements of the state government.
The court emphasized that the decision was final.
The managing director of Vidavelopment, Robert Haile, was pleased and welcomed the verdict.
It now has to be clarified what consequences are to be drawn.
dpa