M.Mazurek & Partners law firm successfully represented a client in a precedential case conducted before the National Appeals Chamber!

After the last amendment of the Public Procurement Law of July 2016,  contracting authorities are obliged not only to study the rates in the context of  "grossly low price" risk but also costs related to the contract, as calculated by the contractors within the frame of submitted tenders. In the event of a suspicion on the part of the customer in terms of abnormally low prices or the cost, they are bound to enquire the operator for clarifications regarding the calculations. The possibility to question the calculation of "essential component" of the price or cost within the offer submitted by the contractor, is an additional clarification of rules.

As a result of examination of the case against the NAC, M.Mazurek and Partners law firm’s proxies successfully demonstrated that the tender filed by the operator should be subject to rejection and the selection of his tender, as the most advantageous one, should be invalidated due to the incorrectly calculated prices – and, as a result, underestimation of the transaction costs.