Krynicki Dajczer Kaminski Herominski has represented MS-EKO before the National Appeal Chamber and the District Court in Warsaw as one of the contractors challenging a single-source procurement organized by the City of Warsaw.
According to KDKH, “the value of the contract for the collection of waste from the capital's residents was calculated at over PLN 970 million, and the municipal company was to serve nine districts of Warsaw until 2026. The National Appeal Chamber also received appeals from Remondis, Bys, Lekaro, Jarper i Partner, among others. The in-house procurement was also challenged by the Waste Management Employers' Association, which brings together dozens of entrepreneurs. In May this year, the National Appeal Chamber ordered the cancellation of the procedure, and complaints against this ruling were filed by both Warsaw as the Contracting Authority and Miejskie Przedsiebiorstwo Oczyszczania. On October 16, 2022, the Court dismissed both complaints in appeal proceedings, confirming the correctness of the ruling. The result of the ruling is that Warsaw must carry out the procedure by way of a competitive tender.”
According to the firm, “in justifying its intention to award the contract to MPO in a non-competitive (in-house) procedure, the contracting authority failed to demonstrate the statutory prerequisites. Although MPO does not manage all of the waste coming from Warsaw (it uses subcontractors to a significant extent), it used not only the work performed by itself when calculating the value of the orders received from the city.”
KDKH’s team included Partner Karol Kaminski and Attorney Monika Dzilinska-Buraczynska.
