Our lawyers successfully supported Ericsson sp. z .o.o. in its tender for the public contract award involving the supply of dedicated backup power systems for the construction of the LTE450 network for the PGE Group. The new infrastructure will ensure the maintenance of communications services necessary for the operation and management of the power grid by the Distribution System Operator – PGE Dystrybucja S.A.
Our Client’s offer, which includes the performance of the entire contract with the right of option for the amount of PLN 126 million, has already been legally selected as the most beneficial one.
The Public Procurement team from BSJP | bnt assisted the Client at all stages of the public procurement procedure, which took less than 2 years. We represented Ericsson in two appeal proceedings before the National Appeals Chamber and in the second instance – in two proceedings before the Public Procurement Court.
Special attention should be paid to the final settlement of the second of the disputes, in which the Chamber, and later also the Public Procurement Court, analysed the correctness of the tender submitted by the Client's competitor. More importantly, the competitor, as a result of its own negligence, did not submit the tender form required by the Contracting Authority at all - a document that contained a number of important statements by the contractor, including acceptance of the terms and conditions of the contract.
Both the Chamber and the Public Procurement Court shared the argumentation presented by the BSJP | bnt’s lawyers according to which, in the circumstances of this case, the statements from the tender form were of a material, tangible nature and therefore, despite inclusion of the price and warranty period in the price form submitted by the competitor, as a result of failure to submit the tender form, its tender had to be rejected as incompatible with the terms of the contract.
On behalf of BSJP | bnt, the client was supported in the procurement process by a team managed by Jarosław Sroka and comprising Grzegorz Wąsiewski, Michał Rusin and Adam Jeżewski.