Tales from the National Appeal Chamber: Does the contractor suffer the consequences of an error in the documentation by the contracting authority?
In procurements, minor errors often creep into the terms of reference or the forms for bids. Can these errors exert negative consequences on contractors? An important statement on this issue was made by the National Appeal Chamber (KIO) in its ruling of 13 March 2020 (KIO 423/20). The chamber stressed that if there are differences between the description of the subject of the contract and the offer form, the description of the subject matter will control, and contractors cannot be penalised for errors committed by the contracting authority in its own documentation.
Tales from the National Appeal Chamber: A contractor does not have to submit documents issued by the contracting authority
The number of declarations and documents submitted by contractors during the contract award procedure forced the Parliament to introduce mechanisms to cut red tape. One of the key provisions in this aspect is Art. 26(6) of the Public Procurement Law, the purpose and practical application of which was explained by the National Appeal Chamber in its ruling of 13 March 2020 (KIO 439/20).
National Appeals Chamber (KIO) stories: how the KIO was fooled with regard to an electronic signature
A December KIO ruling dealt with an IT aspect of the qualified electronic signature. A contractor had purchased an electronic signature from a trusted supplier, but despite this, the ESPD signed using the electronic signature was invalidated.
The scope of authority of the representative of a foreign undertaking in a Polish branch
Can the scope of authority of the representative of a foreign undertaking in a Polish branch be limited in practice to comply with the principal’s expectations?
First ruling on legal remedies by National Appeal Chamber since overhaul of Public Procurement Law
Poland’s National Appeal Chamber (KIO) issued an order on 5 September 2016 of great practical significance, applying new procurement rules on the permissibility of appeals by contractors interested in bidding for public contracts below the EU thresholds.
Offers may be evaluated on the basis of a presentation made after opening of the bids
The National Appeal Chamber has held that it is permissible after opening the bids in an unrestricted tender to hold an exam in which the experts offered are evaluated, and for the points awarded on the exam to serve as a criterion for evaluation of the offers.
The convenience of the procurement procedure does not justify departing from the law
A lawyer who wants to win a tender has to face an exam after the bids are opened. It’s like retaking the bar exam, but the contracting authority scores the exam however it likes. Whoever gets the best score wins.
