On November 12, 2021, at the National Appeals Chamber, we obtained a judgment favourable to our client, which completely rejected the unjustified objections of the appellant regarding the method of verifying and evaluating offer.
The appellant tried to undermine:
- the legitimacy of selecting the most advantageous offer, indicating, inter alia, the fact that the works acceptance protocol containing information about the need to remove minor defects that do not affect the possibility of using the building in accordance with its intended purpose does not constitute a document allowing to demonstrate the fulfilment of the conditions for participation in the procedure in terms of the contractor’s professional capacity, does not confirm the proper execution of the works,
- the legitimacy of excluding the transparency of the proceeding toward the detailed calculation presented in the context of the explanation of the abnormally low price.
Edyta Sikorska-Gałecka, head of claim management at Hoogells, representing our Client – Contracting Authority, showed that the actions taken during the procedure were carried out in accordance with applicable law. KIO fully accepted the arguments presented by our attorney-at-law to prove the legitimacy and validity of the actions taken by the Contracting Authority based on the evidence presented by the Contractor, assessed during the procedure. As a result, the client may proceed to the implementation of investments of a strategic nature from the perspective of providing services aimed at health protection.
