Court allows public tender appeal, voids selection due to unfair competition and below-cost pricing.

The National Reconsideration Chamber allowed the joint appeal by contractors, voiding the selection of the most favorable offer for street lighting maintenance in the Praga South district. The court found the contracting authority failed to reject a bid from 'Firma Ś.' because it offered a labor rate below statutory minimums, constituting unfair competition under the Unfair Competition Act. Although the authority's failure to request price verification explanations was also noted as a procedural error, the court prioritized the unfair competition ground as the decisive factor for invalidating the tender result.