We are pleased to announce another success of our team before the National Appeals Chamber. The Chamber acknowledged our standpoint in a case regarding exclusion of a contractor who – by using artificial intelligence tools – presented fictional information in explanations regarding a grossly low price.
The contractor referred, i.a. to alleged tax interpretations. However, as we have demonstrated, these documents had never been issued. The key evidence in the case was a certificate obtained from the National Tax Information, which unambiguously confirmed the untruthfulness of the presented information.
The NAC fully agreed with our arguments, recognising that the contractor’s actions met the prerequisite for exclusion under Article 109 section 1 item 10 of the Public Procurement Law. The Chamber also emphasised the importance of responsible use of artificial intelligence tools in tender proceedings and the obligation to maintain the reliability and accuracy of the submitted statements.
As a result of successful actions taken by our team, not only did we manage to have the contractor excluded, but we also influenced the final outcome of the proceedings – our client's tender was ultimately recognised as the most advantageous.
The case was supervised by Jarosław Sroka (jaroslaw.sroka@bsjp.pl).