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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.
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: email@example.com.
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