Favourable judgment of the National Appeals Chamber (KIO 3038/20)

Favourable judgment of the National Appeals Chamber (KIO 3038/20)

In the public procurement procedure entitled: “Design and execution of works for the project “Construction of integrated multimodal nodes including construction and reconstruction of railway stops in Łódzkie voivodship” the National Appeals Chamber dismissed the appellant’s pleas in their entirety and confirmed the validity of the selection of the most advantageous tender.

The pleas concerned the failure of the contractor to prove the actual performance of works previously performed with another entity within the consortium. However, the National Appeals Chamber found that the contractor demonstrated joint performance of the works to the extent necessary to confirm the condition of participation in the proceedings. However, the legislator does not require that the works be carried out solely by the contractor, as in such case the sense of forming consortia would be excluded.

The Contracting Authority, i.e. PKP Polskie Linie Kolejowe S.A., was represented in the proceedings before the National Appeals Chamber by attorney-at-law Wojciech Piórkowski.

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