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SDZLEGAL SCHINDHELM's success in appeal proceedings before the National Appeal Chamber and in complaint proceedings before the District Court in Olsztyn.

 

In November 2014 the National Appeal Chamber (hereinafter referred to as the “KIO”) ordered a rejection of the best offer due to the abnormally low price and reaffirmed the necessity of rejection of the next contractor’s offer due to its inconsistency with the specification of essential terms of the contract (hereinafter referred to as the “SIWZ”). The District Court in Olsztyn dismissed complaints of two contractors on the KIO’s judgment.

In the course of the public contract award procedure for the construction of the S7 Ostróda Północ - Ostróda Południe with the Ostróda bypass along the national road no.16 the awarding authority – the General Directorate of National Roads and Motorways (hereinafter referred to as the “GDDKiA”) – selected  in October 2014 the best offer submitted by the consortium whose leader was Salini Polska. The value of the offer amounted to nearly PLN 1 billion gross.

Two contractors participating in the procedure filed appeals in the KIO, questioning the GDDKiA’s decision.

Lawyers from SDZLEGAL SCHINDHELM’s Public Procurement Department represented one of the largest and most prominent construction company on stages of appeal and complaint proceedings. As a result of the appeal, the KIO confirmed charges filed by SDZLEGAL SCHINDGELM and ordered a rejection of the best offer. The appeal filed by another contractor was dismissed and thus the KIO sustained the GDDKiA’s decision on rejection of the contractor’s offer due to its inconsistency with the SIWZ.

Two contractors whose offers were rejected under the above-mentioned judgment filed complaints which the District Court in Olsztyn (hereinafter referred to as the “Court”) dismissed. As a result of the complaint proceedings, ended by a judgement of the Court, the offer submitted by SDZLEGAL SCHINDHELM’s client was selected as the best offer.

Appeal and complaint proceedings on behalf of the Client were conducted by SDZLEGAL SCHINDHELM’s Partners – legal adviser Anna Specht-Schampera and legal adviser Katarzyna Skiba-Kuraszkiewicz, who hold a significant experience in public procurement law, and legal adviser Wojciech Dubis, who heads the Litigation Department.

The Court’s judgment is final. The value of the undertaking amounts PLN 1,318 billion gross.

Within the framework of building of the S-7 section are being built a dual carriageway of 9,4 km and two junctions: Ostróda Północ – at the intersection with the voivodeship road No 530 and Ostróda Południe – at the junction with the national road No 16.