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KIO 857/18 AI generated

Public procurement court allows appeal regarding CRIS system experience requirements for university tender.

Case Number KIO 857/18
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 partially upheld the contractor's appeal against the University of Silesia's tender requirements. The court found that while the requirement for specific CRIS system experience was not a mandatory participation condition, it was a valid qualitative criterion for awarding points. Consequently, the Chamber ordered the University to amend the tender documents to clarify the specific experience required for the project team.

Legislator headnote

AI generated

Art. 22 ust. 1 pkt 2, 22 ust. 1a, 22 ust. 1b pkt 3, 22d ust. 1, art. 7, art. 192 ust. 1, 2, 9, 10 Pzp; The procurement authority may establish experience requirements as mandatory participation conditions only if they are minimal and non-discriminatory, but may also set them as qualitative criteria for awarding points without excluding non-compliant offers.

Keywords

AI generated
public procurement law tender requirements experience criteria qualitative evaluation CRIS system mandatory participation award points

Cited Legislation

AI generated
Art. 22 ust. 1 pkt 2 Pzp
Art. 22 ust. 1a Pzp
Art. 22 ust. 1b pkt 3 Pzp
Art. 22d ust. 1 Pzp
Art. 7 Pzp
Art. 192 ust. 1 Pzp
Art. 192 ust. 2 Pzp
Art. 192 ust. 9 Pzp
Art. 192 ust. 10 Pzp

Cited Case Law

AI generated
II GSK 2633/15
XII Ga 143/09
AI generated
XXIII Zs 139/24
Public procurement court dismissed contractor's appeal regarding unfair competition claim and awarded costs.
XXIII Zs 87/24
Court dismissed appeal against KIO ruling on tender procedure, finding no legal injury for partial dismissal of complaints.
I ACa 1052/21
Appeal court dismisses first-instance judgment for failure to determine warranty period and software defect liability scope.
XXIII Zs 20/23
Court dismisses appeal in public procurement case, upholding rejection of tender offer due to software licensing non-compliance.
XXIII Zs 95/21
Court dismissed appeal on public procurement costs, ruling legal basis sufficient despite lack of detailed factual reasoning by the appellate chamber.

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