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DZP wins case before NAC over tender for construction of Grot-Rowecki bridge

22.04.2013

Autorzy:
Dr Wojciech Hartung
Tomasz Michalczyk

The National Appeal Chamber has overturned the General Directorate of National Roads and Motorways' selection of a bid submitted by the Astaldi consortium to construct the Grot-Rowecki bridge in Warsaw. In a ruling of 22 April the Chamber ordered that the consortium's bid be rejected and that the other bids be re-examined. The National Appeal Chamber found that the Astaldi consortium's bid did not correspond to the Terms of Reference and that the price in the bid was abnormally low (Astaldi's bid was around 60% of the owner's cost estimate).

Katarzyna Kuźma, Partner in DZP's Infrastructure & Energy Practice and head of the public procurement team, said, "In our view, yesterday's NAC ruling will be of great significance as it is one of the first where the NAC has upheld a claim of abnormally low price in large road tenders”.

DZP (the public procurement team and the risk and claim management advisory team) is advising Metrostav a.s. as the appellant in the proceedings before the NAC. DZP's lawyers representing the company are Tomasz Michalczyk, Associate, and Wojciech Hartung, Counsel, in the Infrastructure & Energy Practice.

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