Details on the Content of Westinghouse and EDF's Complainst Against Nuclear Tender

2024-09-03
Last week, the Office for the Protection of Competition (hereinafter referred to as “the Office”) received submisisons from Westinghouse Electric Company LLC and Électricité de France challenging the procedure of the contracting authority Elektrárna Dukovany II, in the tender for the construction of a new nuclear power plant. The selected/preferred supplier in this case is the South Korean company Korea Hydro & Nuclear Power Co. (hereinafter also KHNP).

The complaint by Electricité de France (hereinafter also EDF) is primarily directed against the decision on the selection of the preferred supplier, and, therefore, requests the Office to determine that there has been a violation of the tender conditions and to cancel the acts of the contracting authority relating to the evaluation of the tenders.

In particular, Westinghouse challenges the contracting authority's procedure outside the framework of the law on the basis of the so-called security exception, highlighting also the violation of the fundamental principles of public procurement and the errors in the selection of the preferred supplier. According to the complainant Westinghouse, the Office should cancel the contracting authority's decision to select the preferred supplier KHNP and the supplier EDF and of not selecting the supplier Westinghouse for the next stage of the tender procedure, as well as the decision to extend the scope of the contract from January 2024 and all subsequent actions of the contracting authority.

In both cases, administrative proceedings have been initiated, the length of which cannot be predicted at present, given their substantive and procedural complexity. Until the first instance decisions are issued, the Office will not provide any further information on the progress of these administrative proceedings.

Press Unit of the Office for the Protection of Competition
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