The success of the SDZLEGAL SCHINDHELM in appeal proceedings before the National Chamber of Appeal
regarding the tenders for the collection and management of municipal waste from the Poznań Agglomeration.
The Poznań Agglomeration conducts a public procurement procedure for the collection, transport and management of municipal waste, divided into 15 sectors with the total value of the covered procurements of approximately PLN 234 million.
The contractor, who submitted the offer in each of these proceedings with the lowest price - which deviated significantly from the Agglomeration's estimate and the value of other contractors’ bids. Therefore, he was summoned by the contracting authority to provide explanations to demonstrate that his prices were realistic and correct. After reviewing those explanations, the contracting authority decided to reject the contractor's offer because of its incompatibility with the Terms of Reference and because of the abnormally low price.
In the judgment of 15 September 2017, the National Chamber of Appeal dismissed the contractor's appeal, thereby confirming the correctness of the contracting authority's performance, leading to the choice of SDZLEGAL SCHINDHELM client's offer.
This judgment confirms that although it is important to obtain a favorable price for public procurement, in particular where the price directly affects the level of municipal waste management fees for citizens, this purpose cannot justify selecting the tender, which does not cover all costs of performance of the contract. Proper handling of municipal waste collected by the contractor is at least as important as the price paid by the contracting authority.
The Client of SDZLEGAL SCHINDHELM was represented by the Partner Anna Specht-Schampera, expert in the field of public procurement and waste law.