National Appeals Chamber

The scope of authority of the representative of a foreign undertaking in a Polish branch

Can the scope of authority of the representative of a foreign undertaking in a Polish branch be limited in practice to comply with the principal’s expectations?

First ruling on legal remedies by National Appeal Chamber since overhaul of Public Procurement Law

Poland’s National Appeal Chamber (KIO) issued an order on 5 September 2016 of great practical significance, applying new procurement rules on the permissibility of appeals by contractors interested in bidding for public contracts below the EU thresholds.

Offers may be evaluated on the basis of a presentation made after opening of the bids

The National Appeal Chamber has held that it is permissible after opening the bids in an unrestricted tender to hold an exam in which the experts offered are evaluated, and for the points awarded on the exam to serve as a criterion for evaluation of the offers.

The convenience of the procurement procedure does not justify departing from the law

A lawyer who wants to win a tender has to face an exam after the bids are opened. It’s like retaking the bar exam, but the contracting authority scores the exam however it likes. Whoever gets the best score wins.