Our client participated in a tender for the expansion of the park along with the development of greenery. Its bid was ranked only in fourth position (4/5) in the final ranking. However, the client decided to appeal to the National Appeal Chamber (KIO).
With the client’s technical support, DSK Law Firm developed a concept of action that was to lead to the award of the contract. The formulated allegations related to the abnormally low price of competing bids, the non-compliance of the bids with the Terms of Reference, which aimed to eliminate the other contractors from the tender. Issues regarding the incorrect VAT rate were also raised thanks to the participation of specialists from the DSK Tax Department.
After conducting a complicated and procedurally complex appeal procedure, the NAC (KIO) agreed with the position of the DSK Law Firm presented by Kinga Kozlowska-Witek and ruled that the bids of the other three bidders should be rejected.
It confirms that in public procurement procedures, even taking the last or penultimate place in the ranking of bids does not prevent winning the contract.
However, the case had a follow-up.
The only remaining bidder in the proceedings decided to appeal to the National Appeals Chamber (KIO), complaining about our client’s bid. The subject of the appeal were, inter alia, accusations regarding the alleged alteration of the bid by our client, conducting unauthorized negotiations with the contracting authority and an error in the price calculation.
In this situation, the development of a comprehensive concept of action by DSK Law Firm already at the stage of the previous appeal proceedings turned out to be crucial. Ultimately, NAC (KIO) agreed with the position of the DSK presented by Kinga Kozłowska-Witek and decided that none of the appeal’s charges deserved to be upheld.
In public procurement procedures each case should be analyzed with attention to the smallest details.
