KIO 861/18
AI generated
Court dismissed appeal against public tender rejection due to insufficient evidence of cost calculation accuracy.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the contractor's appeal against the rejection of their bid for a funeral transport service. The contractor argued that the winning bid was unfair because the winning offer underestimated labor costs and failed to account for disinfection expenses. The court found the contractor's evidence insufficient to prove the winning bid was inaccurate, noting that new claims regarding disinfection were not part of the original tender documents.
Legislator headnote
AI generatedArt. 192 ust. 1 zd. 1 i 2 Pzp; Art. 192 ust. 9 i 10 Pzp; The court rejects an appeal against a tender decision when the appellant fails to provide sufficient evidence proving the winning offer was inaccurate or the evaluation was flawed.
Keywords
AI generated
public procurement appeal
tender evaluation error
cost calculation accuracy
winning bid rejection
labor cost evidence
Cited Legislation
AI generatedart. 198a i 198b ustawy z dnia 29 stycznia 2004 r. - Prawo zamówień publicznych
art. 192 ust. 1 zdanie pierwsze i ust. 2 Pzp
art. 192 ust. 9 i 10 Pzp
§ 3 pkt 1 lit. a i 2 lit. a i b rozporządzenia Prezesa Rady Ministrów z dnia 15 marca 2010 r.
Cited Case Law
AI generatedX Ga 652/13
Related Decisions
AI generatedXXIII Zs 30/23
Court dismissed bid protest alleging unfair competition, finding the tenderer knowingly offered unrealistic prices.
I C 2/15
Public procurement contract declared void due to legal defects; court awarded plaintiff costs against both defendants.
II CSKP 1454/22
Supreme Court allows appeal against postal service's delay, ruling it was not gross negligence.
XXIII Zs 88/22
Court dismissed appeal against public procurement decision due to formal defects and lack of merit.
XXIII Zs 100/25
Court dismissed public tender appeal regarding alleged low price and wage calculation errors.