KIO dismissed PO's appeal on public procurement grounds, ruling the buyer correctly applied SIWZ criteria for awarding the contract.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the Public Procurement Office's appeal against the Central Bank's decision to award a public loan contract. The appellant argued that the buyer incorrectly calculated the credit interest rate and fee, claiming the SIWZ required these values in absolute terms rather than percentages. The court held that the buyer correctly followed the specific calculation formula and algorithm defined in the tender documents, which took precedence over general mathematical rules. Consequently, the court found no violation of the Public Procurement Law and upheld the original award decision.
Legislator headnote
AI generatedArt. 91 ust. 2, art. 7 ust. 1 Prawo zamówień publicznych; The tender documents (SIWZ) define the mandatory methodology for evaluating offers, and the contracting authority is not liable for mathematical errors in applying these specific rules unless they contradict the explicit terms of the specification.