Court dismissed contractor's appeal regarding unequal treatment due to undisclosed business secrets in public tender evaluation.
Poland (PL)
Legislator summary
AI generatedThe National Administrative Court dismissed QUMAK S.A.'s appeal against the Ministry's selection of the most advantageous offer in a public tender for central application services. The contractor alleged unequal treatment and a violation of the principle of equal opportunities because the winning bid contained information classified as a trade secret. The court found that the differing presentation and depth of the competitors' preliminary concepts were justified by their varying levels of expertise and did not constitute unfair discrimination.
Legislator headnote
AI generatedArt. 7 ust. 1, 3; Art. 8 ust. 1 ust. 3; Art. 11 ust. 4; Art. 192 ust. 1, 2, 9, 10 ustawy Pzp: The contracting authority may legitimately exclude information from comparative evaluation if it constitutes a trade secret that would level the playing field among bidders, provided the exclusion is justified by the nature of the information and the bidders' actual capabilities.