KIO 2019/14 AI generated

Public procurement court allows appeal, invalidating offer rejection due to lack of legal grounds.

Case Number KIO 2019/14

Court / Authority Krajowa Izba Odwoławcza

Jurisdiction

Poland (PL)

Decision Date 2014-10-14

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The National Reconsideration Chamber allowed the appeal filed by nFinity.pl Sp. z o.o. against the rejection of its bid in a public tender for IT services. The plaintiff argued that the contracting authority's rejection was arbitrary because the offer complied with the tender documents and did not involve impossible performance. The court ruled that the authority failed to cite specific clauses from the tender documents justifying the rejection, thereby invalidating the decision and ordering a re-evaluation of the offer.

Legislator headnote

AI generated

Art. 89 ust. 1 pkt 2 Pzp; Art. 192 ust. 1 Pzp: A rejection of a bid is invalid if the contracting authority fails to substantiate the decision with specific references to the tender documents, as mere assertions of unreality without legal basis do not justify exclusion.

Keywords

AI generated

public procurement law bid rejection invalidity tender documents compliance impossible performance defense reconsideration chamber ruling

Cited Legislation

AI generated

Art. 198a and 198b of the Public Procurement Law of January 29, 2004

Art. 89 ust. 1 pkt 2 of the Public Procurement Law

Art. 192 ust. 1 of the Public Procurement Law

Art. 192 ust. 9 and 10 of the Public Procurement Law

Public procurement court allows appeal, invalidating offer rejection due to lack of legal grounds.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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