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DZP wins tram purchase proceedings

29.10.2013

Autorzy:
Katarzyna Kuźma
Dr Wojciech Hartung

Experts in DZP's public procurement team (Infrastructure & Energy Practice) have successfully represented MZK Toruń in proceedings before the National Appeal Chamber concerning selection of the most advantageous bid for the purchase of low-floor trams. The bid also covered the supply of specialist  maintenance equipment and an operating/repair package and adaptation of tram depots for the operation of low-floor rolling stock within a project entitled "Integration of the urban transport system and purchase of trams in Torun – BiT City”.

The project is subsidised by EU funds within Operational Programme Infrastructure and Environment for the years 2007-2013, priority axis VII: Environment-friendly transport, Measure 7.3: Urban transport in metropolitan areas, the beneficiary of which is Toruń City – Municipality.

Katarzyna Kuźma, Partner in the Infrastructure & Energy Practice and head of the public procurement team says: "We are delighted with the NAC's judgment which confirms that our client's assessment of the bids submitted in the proceedings was correct. Despite the appellant's stance, the NAC confirmed that the contracting authority was not obliged to request clarification of the appellant's bid or that errors in the bid be corrected. The NAC indicated above all that in the event of discrepancies between the numerous inter-dependent technical parameters set out in the bid, the contracting authority cannot take an arbitrary decision to deem one of them correct and then to correct other data depending on a selected leading parameter. Correction of errors should apply to obvious issues and also those that do not result from an intentional action of the contractor itself”.  

The client was represented by Michał Bagłaj, Associate at DZP and Wojciech Hartung, Counsel at DZP.