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KIO 106/18 AI generated

Public procurement court allows appeal, voids award and orders re-evaluation of joint bidder's price calculation.

Case Number KIO 106/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The National Reconsideration Chamber allowed the appeal filed by a joint bidder against the Public Property Agency's award decision. The court found that the agency failed to properly evaluate the joint bidder's price calculation and rejected the agency's argument that the bidder's staffing plan was non-compliant. Consequently, the court voided the selection of the winning offer and ordered the agency to re-notify the joint bidder to explain their cost breakdown.

Legislator headnote

AI generated

Art. 198a ust. 1; Art. 198b ust. 1 ustawy o zamówieniach publicznych: The reconsideration chamber may void the award decision and order a new selection procedure if the contracting authority failed to properly assess the offer or if the evaluation criteria were not correctly applied.

Keywords

AI generated
public procurement law joint bidder evaluation price calculation review unfair competition claim reconsideration chamber ruling voiding award decision costs of appeal

Cited Legislation

AI generated
Art. 198a ust. 1 of the Public Procurement Law
Art. 198b ust. 1 of the Public Procurement Law
Art. 192 ust. 9 and 10 of the Public Procurement Law
Art. 16 ust. 1 pkt 2 of the Act on Vocational Rehabilitation and Social and Professional Integration of Persons with Disabilities
AI generated
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