KIO 2936/13
AI generated
KIO dismissed contractor's appeal on public procurement grounds, ruling 0.01 zł offers valid if justified.
Poland (PL)
Legislator summary
AI generatedThe National Reconsideration Chamber dismissed the contractor's appeal regarding the rejection of a 0.01 zł bid in a public tender for translation services. The contractor argued the price was unfairly low and lacked proper valuation, citing previous cases where similar offers were rejected. The court ruled that a nominal price does not automatically constitute unfair competition unless it lacks real justification or fails to meet evaluation criteria.
Legislator headnote
AI generatedArt. 15 ust. 1 pkt 1 ustawy o zwalczaniu nieuczciwej konkurencji; Art. 89 ust. 1 pkt 3 Pzp: An offer of 0.01 zł is not inherently unfair competition if it is compensated and has a real basis in the contractor's situation.
Keywords
AI generated
public procurement
unfair competition
unreasonably low price
nominal bid
contractor appeal
tender evaluation
0.01 zloty
Cited Legislation
AI generatedart. 198a and 198b of the Public Procurement Act of January 29, 2004
art. 89 ust. 1 pkt 3 of the Public Procurement Act
art. 15 ust. 1 pkt 1 of the Act on Combating Unfair Competition
art. 58 § 2 in conjunction with art. 5 of the Civil Code
art. 93 ust. 1 pkt 1 of the Public Procurement Act
art. 192 ust. 1 and ust. 9, 10 of the Public Procurement Act
§ 3 pkt 1 lit. a and pkt 2 lit. b and § 5 ust. 3 pkt 1 of the Regulation of the Prime Minister of March 15, 2010
Cited Case Law
AI generatedKIO 1934/12
Court dismisses appeal finding unfair competition due to VAT manipulation in public tender pricing.
KIO 2787/11
Public tender appeal dismissed; unfair competition found due to VAT rate manipulation in bid pricing.
KIO 1395/13
Public procurement court dismissed Qumak's appeal regarding ITSM system tender evaluation and scoring errors.
KIO 640/11
Public procurement court dismisses appeal rejecting tender offer due to alleged price manipulation and lack of evidence. The court ruled that the tenderer's actions were not unfair competition. The court found no evidence of price manipulation or procedural violations. The court dismissed the appeal because the tenderer failed to prove unfair competition. The court held that the tenderer's offer was rejected based on valid grounds. The court determined the tenderer's conduct did not constitute unfair competition. The court concluded the tenderer's actions were justified and lawful. The court rejected the appeal due to lack of evidence for procedural violations. The court affirmed the tenderer's right to reject the offer without legal breach.
KIO 297/13
Court allows bidders' appeal, voiding tender decision due to failure to verify eligibility documents before exclusion.
KIO 7/13
KIO dismissed contractor's appeal for unfair competition regarding manipulated award criteria.
I ACa 281/98
II CK 4/07
Supreme Court quashes lower court ruling on unfair competition fees for product placement in retail chains. The court held that charging non-margin fees for product presence violates good business practices regardless of 2002 law changes. The case was remanded for a new assessment of the specific fee titles and their legality under unfair competition statutes.
X Ga 122/10
V ACa 371/07