Another precedent and a huge success before the National Appeals Chamber (NAC)! Our Law Firm had the honor of representing the party joining the contracting authority in the procedure initiated as a result of an appeal filed by a contractor whose offer was rejected. The subject of the dispute concerned how to qualify a situation in which the contractor does not include all the information related to the price in the offer form due to the recognition that it results from other "unit" data indicated in the offer form. NAC dismissed the appeal in full, fully supporting the arguments of our Law Firm – stating, inter alia, that:

1. a request according to which the contracting authority requires all items in the tender form to be completed after verification not only of the content of the tender form, but of the entire documentation of the procedure,
2. the contracting authority could not correct the tender form on its own, as such action would lead to an internal contradiction in the appellant's tender.

The National Appeals Chamber stated that numerous evidence of the appellant constitute common knowledge and were irrelevant for the resolution of the case. The NAC emphasized that during the hearing, the attorneys of the appellant admitted that for the performance of the contract it was necessary to establish a single price – and the "indication of an unambiguous method of supplementing the offer" was not met. The NAC found that the appellant did not exercise due diligence in completing the tender documentation, and that the implementation of actions in accordance with his request would lead to the illegibility of the contract and the conflict of its provisions with the art of formulating contracts.

The judgment may be extremely important for the further practice of public procurement – in particular with regard to issues related to the principles of filling in the documentation of the procedure and price formation.

The text concerns the judgment of the National Appeals Chamber of 15 January 2021, file ref. No. act: KIO 3404/20.