What's new at DZP?
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.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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