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DZP Successful for PORR Before National Appeal Chamber on Port of Gdansk Tenders

DZP Successful for PORR Before National Appeal Chamber on Port of Gdansk Tenders

Poland
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Domanski Zakrzewski Palinka has successfully represented PORR in two appeal proceedings before the National Appeal Chamber concerning the outcome of tenders for the expansion of Ore Quay III and Bytom Quay at the Port of Gdansk.

PORR is a European construction company.

According to DZP, “the two projects are part of the modernization of the Port of Gdansk, and bids for the reconstruction of the quays were opened in autumn 2022. Five bids were received for the Rudowe III section, while seven contractors submitted tenders for the Bytom section. The most advantageous bids in both tenders were considered to be those of Strabag. Appeals against these decisions were filed by several economic operators, including our client.”

According to the firm, “the NAC upheld PORR's arguments that, inter alia, the other economic operators' bids did not comply with the terms of reference and that the prices were abnormally low. In both proceedings, the NAC invalidated the selection of the most advantageous bids and ordered that they be reassessed and that the bids questioned by our client be rejected.”

Finally, DZP reported that “PORR's bids for the two investments amounted to PLN 91.4 million for the reconstruction of Ore Quay III (for a section of approximately 250 meters) and PLN 50.79 million for the reconstruction of Bytom Quay (a section of 204 meters). Thanks to the NAC's decision, when the bids were reassessed by the contracting authority, Zarzad Morskiego Portu Gdansk, [PORR] was given the opportunity to conclude contracts for both investments.”

The DZP team included Partner Katarzyna Kuzma, Counsel Tomasz Michalczyk, and Associate Cyprian Herl.