Public procurement court dismisses appeal regarding calculation of guarantee points in tender scoring formula.
Legislator summary
AI generatedThe 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 generatedArt. 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.