The Public Procurement Law Firm Robert Siwik has announced another succesful representation of the Polish Association of Construction Employers (PACE) before Poland's National Chamber of Appeals (NCA) in a case involving A4 motorway maintenance.
According to Robert Siwik, "On 19.12.2016 the NCA accepted in the majority the arguments which were advanced as part of the appeal by PACE in the awarding of the contract for 'the year-round full maintenance of the section of the A4 motorway from Rzeszoow East (junction excluded) to Jaroslaw West (junction included) including all the ancillary infrastructure, administered by the General Road and Highway Authority, Rzeszow branch.'"
Siwik continued that "the NCA held that the share of PACE’s participation, as set out in the original claim, in the supply of the relevant technical assets used for snow clearing was disproportionate to the value of the contract and distorted market competition; it further held that the subject matter of the contract regarding the required period of employment under a full-time employment agreement lacked rationale when viewed in terms of the contract. Furthermore, the NCA rejected in part the new contract evaluation criteria set by the contracting authority, specifically that referred to as ‘Contractual Independence’, which favoured independent completion of the contract (prohibiting subcontracting) or setting forth in Contract Description higher snow clearing equipment requirements than presented in the invitation to tender."
