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JD&P Client Successful on Appeal of Rejected Tender for Municipal Waste Management Plans

JD&P Client Successful on Appeal of Rejected Tender for Municipal Waste Management Plans

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Jara Drapala & Partners has persuaded Poland's National Appeals Chamber to grant the appeal of firm client, a Polish-French consortium of Constructions Industrielles de la Mediterranee S.A., CNIM Poznan Sp. z o.o., and PORR S.A., of its rejected tender regarding the development of a municipal waste treatment plant in Warsaw.

According to JDP, "the National Appeals Chamber shared the argumentation brought forward by the contractor that its tender had been unfairly rejected in the tender procedure. The delivered judgement means that the Polish-French consortium ... is still competing for the award of this controversial contract."

The consortium was represented by Jara Drapala & Partners Attorney Wojciech Merkwa.

Editor's Note: On November 7, 2018, Jara Drapala & Partners announced that, on appeal, Poland's National Appeals Chamber found for the consortium of CNIM S.A., PORR S.A. and CNIM Poznan S.A. against the decision of the contracting party – Miejskie Przedsiebiorstwo Oczyszczania w m.st. Warszawie (Municipal Department of Sanitation in Warsaw) – regarding its select of a contractor to design and develop the waste incineration plant, valued at nearly PLN 1.7 billion, to be constructed  in Warsaw. 

According to Jara Drapala & Partners, "the judgment of the Chamber was unique as although initially the most advantageous tender, worth over 1 billion zloty gross, was submitted by Shanghai Electric Power Construction (SEPC) belonging to PowerChina concern, eventually in the procedure remained only the consortium of CNIM S.A., PORR S.A., and CNIM Poznan S.A., whose tender was higher than that of SEPC and hence the contracting party’s budget by around 700 million zloty. Jara Drapała & Partners’ lawyers ... demonstrated that references provided by SEPC to prove the company’s experience in the performance of similar projects were not credible in the light of public records. The National Appeals Chamber ruled that provision of not credible and untrue references misled contracting party."

The Jara Drapala & Partners lawyers representing the consortium included Senior Associate Wojciech Merkwa and Associates Piotr Duma, Artur Krepa, and Iwo Franaszczyk.


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