Public procurement appeal dismissed; Izb ruled technical parameter interpretation correct and burden of proof failed. (16 words)
Poland (PL)
Legislator summary
AI generatedThe National Reconsideration Chamber dismissed the appeal filed by a company against a public hospital regarding the evaluation of a CT scanner bid. The appellant argued that the hospital incorrectly equated the thermal capacity of the X-ray tube anode with the total thermal capacity of the lamp assembly. The court rejected this claim because the manufacturer's official data and technical specifications clearly distinguished between these two parameters, placing the burden of proof on the appellant to demonstrate the error. Consequently, the appeal was rejected, and the appellant was ordered to bear the costs of the reconsideration proceedings.
Legislator headnote
AI generatedArt. 7 ust. 1, 3 Prawo zamówień publicznych; Art. 192 ust. 9, 10 Prawo zamówień publicznych: In public procurement disputes, the appellant bears the burden of proving the validity of their claims, and the Reconsideration Chamber must rely on objective manufacturer data rather than unsupported technical interpretations.