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SDZLEGAL Schindhelm

Thanks to the support of lawyers of SDZ LEGAL SCHINDHELM our Client signed a contract of the value of 221 mln PLN (ca 51 mln EURO)

Thanks to the support of lawyers of SDZLEGAL SCHINDHELM - Anna Specht-Schampera and Katarzyna Skiba-Kuraszkiewicz - our Client signed a contract with PKP PLK for the preparation of project documentation for the new railway line Podłęże - Piekiełko in south part of Poland. The investment is - according to PKP PLK information - the largest in the history of the Polish rail in terms of its value and characteristics.  (the new line is to include i.a. 11 tunnels, 8 flyovers). New railway is to ensure better communication in south part of Poland and on the axis of Bałtyk - Balkans - Black Sea.

The agreement was finaly concluded on 7th January 2019 afert the proceeding that took over a year. The value of contract obtained by Client of SDZLEGAL SCHINDHELM – is 221,4 mln PLN (ca 51 mln EURO)

Before the contract was concluded, selection of the tender was challenged to the National Chamber of Appeal threee times. The essence of the dispute was the assessment of the offer of SDZLEGAL SCHINDHELM’s Client in the non-price criterion. In the last verdict of 18/12/2018 (KIO 2509/18) the Chamber agreed with the position of our lawyers, that the only way to invalidate the reliability of the assessment was substantive negation of the "key" elements of the Contract (i.e. they do not have the features specified in the Terms of Reference). The appealing contractor did not meet these requirements, so the selection of the tender of our client became final.

The success of the Client of SDZLEGAL SCHINDHELM - thanks to our support, the Client may gain a public procurement for the design and construction of another S19 section worth over PLN 286 million

The Regional Court in Rzeszów, in a verdict announced on 5th Nov. 2018, dismissed the complaint of General Directorate for National Roads and Motorways Branch in Rzeszów against the verdict of the National Appeal Chamber, in favor of the Client of SDZLEGAL SCHINDHELM. As the result the Client has an opportunity to conclude a contract for "Design and construction of the S19 expressway on the section from the Nisko Południe junction (without junction) to the Sokołów Małopolski Północ junction (with junction)" - Task "C".

The National Appeal Chamber, as a result of the appeal filed by SDZLEGAL SCHINDHELM, ordered the contracting authority to reject the offer of the contractor with the most advantageous price due to the inconsistency of the offer with the specification of essential terms of contract. This verdict was questioned by the contracting authority, which brought up, among others, that within the "design and build" formula, where design solutions are specified only after the contract is signed, it cannot be concluded that the contractor's offer is inconsistent with the specification of essential terms of contract, even if the contractor did not include all assumptions resulting from the Functional and Utility Program in the offer.

The District Court in Rzeszów, dismissing the complaint of the contracting authority, shared the view of SDZLEGAL SCHINDHELM that in the procedures implemented in the "design and build" formula, the contracting authority is obliged to verify the contents submitted by the contractors with the Functional and Utility Program, and allowing the “detailing” of the offer at later stage cannot be a "way around" the obligatory rejection of offer inconsistent with the terms.

In the appeal and complaint proceedings the Client was represented by Katarzyna Skiba-Kuraszkiewicz, attorney-at-law and Partner at SDZLEGAL SCHINDHELM.

 

The precedent Supreme Administrative Court’s judgment for the waste management industry

Today (04. Oct. 2018) the SAC dismissed the cassation complaint of the Subcarpathian Voivodeship’s authorities filed against the verdict of the Voivodship Administrative Court in Rzeszów (ref.: II SA / Rz 519/17). The Court in the said judgment annulled the "Waste Management Plan for the Subcarpathian Voivodeship 2022" – in the scope where that authority did not include the installation of mechanical and biological municipal waste management of the private entity, Client of SDZLEGAL SCHINDHELM, as a regional installation. Only installations included in the plan have access to the market and public funding. The verbal motives of the decision show that the Supreme Administrative Court shared the arguments presented in the case by lawyers from SDZLEGAL SCHINDHELM – attorney-at-law Magdalena Przydróżna-Urbanowicz and attorney-at-law Anna Specht-Schampera, Partner at SDZLEGAL SCHINDHELM.

The Supreme Administrative Court confirmed that the Voivodeship’s authorities do not have complete freedom in determining which installations should obtain that status and in this respect are subject to real control by administrative courts.

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