We helped JSK Architekci to win a tender for the design of air traffic control tower of CPK airport

We are pleased to announce that a Client of our law firm - JSK Architekci sp. z o.o. - has been awarded a public contract for the preparation of design documentation for the Air Traffic Control Tower of Centralny Port Komunikacyjny (CPK). This is a prestigious project which, due to its scale and its expected planned functions, will constitute a signature feature of the planned CPK.

BSJP | bnt provided comprehensive legal advisory services for the participation of JSK in
the public contract award proceedings, including representing JSK in three appeal proceedings before the National Appeals Chamber in this case.

First, as a result of the appeal we lodged on behalf of JSK Architekci, a competitor's bid, previously selected by CPK as the most favourable one, was rejected (due to its proven unreasonable low price), and another competitor's bid was downgraded. The positive ruling of the NAC in this case allowed for the selection of the bid submitted by JSK Architekci. Then, the law firm successfully defended this choice of JSK's bid, resulting in the NAC issuing a decision to reject the appeal brought by another competitor and discontinuing the appeal proceedings.

The decision in the first of the appeal proceedings deserves a particular attention, where the Chamber accepted the allegation of submitting a bid with unreasonably low price, brought by our law firm. In the justification for this ruling, ordering the contracting authority (CPK) to reject the bid initially selected as the most favourable one, the NAC indicated the issue of the omission of certain elements of the price and the lack of sufficient justification for the other essential elements of the price, the far-reaching underestimation, also as regards the required number and remuneration of personnel. It also questioned that, in the face of experienced market participants competing against each other, the experience of one contractor is supposed to be the factor that allows it to offer a price more than half the average value of the submitted bids. 

A very balanced and carefully justified decision issued by the Chamber in this case should be acknowledged. It is a positive example in light of previous rulings in similar cases. The Chamber confronted the tendency for the Contracting Authorities to automatically recognise explanations of unreasonably low prices and drew attention to the necessity to provide detailed and specific demonstration, and thus submission of evidence, confirming that the price and its essential components are of a market nature, are realistic and ensure due performance of the contract.

Legal advice on this project was provided by a Partner of BSJP | bnt attorney-at-law Jarosław Sroka and advocate Michał Rusin.

For further information, please contact Jarosław Sroka (jaroslaw.sroka@bsjp.pl).