National Appeal Board upholds DZP client's win in two tenders

Poland's ambitious plans to develop electromobility are increasingly leading local authorities to change their traditional fleets for fully electrified rolling stock (frequently with the support of EU funds). This is forcing interested parties to purchase the infrastructure needed to charge the vehicles, in accordance with the Public Procurement Law.

A example of this trend is two procedures recently conducted by Przedsiębiorstwo Komunikacji Miejskiej sp. z o.o. in Jaworzno, which were the first procedures to exceed EU value thresholds.

In the two procedures, which ran parallel, PKM Jaworzno wanted to buy eight chargers for previously purchased electric buses and five rapid-charging stations. Bids were submitted in both procedures by our client – MEDCOM sp. z o.o. based in Warsaw.

Appeals were filed in both tenders by competitors. In the procedure to purchase eight chargers, two appeals were filed (i.e. National Appeal Board (NAC) judgment of 10 April 2017, case no. 478/17, and NAC judgment of 16 May 2017, case no. 825/17). Only one appeal was filed in the procedure to purchase five rapid-charging stations (i.e. NAC judgment of 10 April 2017, case no. 503/17).

All the allegations raised by the competitors against our client were dismissed.

We advised the winning bidder at the bid preparation stage and throughout all the appeal proceedings.

The lawyers engaged in the project were Katarzyna Kuźma (Partner) and Michał Wojciechowski (Senior Associate) from DZP's Public Procurement Team (Infrastructure & Energy Practice).