Legislator Case Law & Legislation
KIO 918/11 AI generated

Public procurement court dismisses appeal regarding calculation of guarantee points in tender scoring formula.

Case Number KIO 918/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The National Court of Appeal dismissed the joint appeal filed by three contractors against the municipality's tender decision. The contractors argued that the contracting authority incorrectly calculated points for the guarantee quality criterion by failing to subtract the mandatory 36-month period from the offered duration. The court held that the specification's wording for both scoring variables required this subtraction to maintain mathematical sense and logical consistency. Consequently, the court confirmed the authority's scoring method as correct and rejected the appeal.

Legislator headnote

AI generated

Art. 91 ust. 1, art. 7 ust. 1 of the Public Procurement Act; The contracting authority must interpret tender specifications as a coherent whole, and scoring formulas requiring mathematical consistency must be applied uniformly to all variables to avoid arbitrary results.

Keywords

AI generated
public procurement tender appeal scoring formula guarantee period mathematical consistency contracting authority points calculation

Cited Legislation

AI generated
art. 198a and 198b of the Public Procurement Act of January 29, 2004
art. 192 ust. 1 of the Public Procurement Act of January 29, 2004
art. 192 ust. 9 and 10 of the Public Procurement Act of January 29, 2004
§ 1 ust. 2 pkt. 2, § 3, § 5 ust. 3 pkt. 1 of the Regulation of the Prime Minister of March 15, 2010

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