Success of BBS client before the National Appeals Chamber

Our client, one of the contractors, was represented by counsel Jan Sakławski in appeal proceedings before the NAC.

The case concerned the content of the Terms of Reference (ToR) challenged by one of the contractors, in which the Contracting Authority specified that entities participating in the proceedings should demonstrate adequate professional capacity by completing or implementing at least three major repairs of trams.

The Contractor, who appealed to the President of the National Chamber of Commerce, demanded that the provisions of the tender conditions be amended to allow Contractors with experience, but in electric multiple units, to participate in the procedure.

Jan Sakławski, representing a client of the law firm BBS, presented opinions of independent experts during the proceedings. They confirmed the validity of the conditions of participation that the Contracting Authority set out in the SWIZ. The Chamber was in favour of the view that in the case of repairs to a specific type of vehicle, what is required is not any experience, but experience which, from a technical perspective, will allow the contract to be carried out correctly. Challenging the contracting authority’s decision in this regard, on the other hand, requires strong evidence, which the contractor failed to provide.

The National Board of Appeal upheld the arguments presented and, in a judgment of 18 May 2021, dismissed the appeal filed by the competing contractor.