Wierzbowski Eversheds Sutherland has successfully represented the Polish Association of Construction Employers before Poland's National Appeal Chamber in a challenge to the award of a public contract by the PKP PLK SA railway company.
According to Wierzbowski Eversheds Sutherland, "the case involved the description of the subject matter of the procurement in a procedure for award of a framework contract — an issue generating controversy in public procurement practice. The contracting entity is conducting a procedure for conclusion of a framework contract for substitute performance of construction work on rail lines in Poland. After conducting a competitive dialogue, the contracting entity invited contractors to submit bids, requiring them to state maximum unit prices for specific works indicated in a catalogue containing 10,000 items. However, the works were given only a cursory description. For example, the contracting entity required contractors to provide a price for installation of tracks (foundation, rail and fastener), without indicating whether the work also included such activities as polishing the rail, lining and ballasting the track, or building up the surface. Thus each bidder could adopt its own assumptions for valuing the work, which led to the submission of incomparable offers."
The National Appeal Chamber agreed with the Polish Association of Construction Employers' position and upheld the appeal, according to Wierzbowski Eversheds Sutherland, "ordering the contracting entity to modify the specifications by describing the subject of the contract for construction works using design documentation and technical specifications for completion and acceptance of the construction works."
Contractors Budimex SA, Strabag and ZUE also joined the proceedings, supported the appeal.
Wierzbowski Eversheds Sutherland Managing Partner Tomasz Zalewski and Counsel Witold Slawinski represented the Polish Association of Construction Employers.