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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.
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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