Favourable judgement of the National Appeals Chamber for the Józef Struś Municipal Hospital in Poznan

Favourable judgement of the National Appeals Chamber for the Józef Struś Municipal Hospital in Poznan

The National Appeals Chamber in the judgment of 10 March 2021 in the case with file ref. no. KIO 509/21 confirmed the correctness of the decision of the Contracting Authority to reject the tender submitted by the Economic Operator (Skamex sp. z o.o. sp.j.) who did not provide samples (specimens) of the offered products on time. When drawing up the ToR, the Contracting Authority unequivocally stated the legal nature of the samples by recognizing that they would constitute the contents of the tender, and thus are not subject to supplementation under Article 26(3) of the PPL Act.

In the above ruling, the Chamber took the position that questioning the abovementioned provision at the tender evaluation stage should be regarded as being too late. Moreover, the economic operator’s demand that different rules for examining and evaluating its tender be set forth leads to a violation of the basic principles arising from Article 7(1) of the PPL Act.

The judgment concerned the procedure for the award of a public contract conducted by the Józef Strusiak Multi-Specialist Municipal Hospital with a Nursing and Care Facility – Independent Healthcare Institution, with its registered office in Poznań for the supply of “personal protective equipment for medical personnel in conditions of the COVID-19 pandemic”.

In the appeal proceedings, the Contracting Authority was represented by attorney-at-law Wojciech Piórkowski.

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