The National Appeals Chamber allowed the appeal lodged by the consortium of CNIM S.A., PORR S.A. and CNIM Poznań S.A. against contracting party’s decision regarding the selection of a contractor of the design and development of a waste incineration plant. The incineration plant, whose value has been estimated at nearly 1.7 billion zloty, is to be constructed on the area of the Municipal Solid Waste Treatment (ZUSOK) in Warsaw. It will be the largest project of this type in Poland and one of the most state-of-the-art in Europe.
Initially the most advantageous tender, worth over 1 billion zloty gross, was submitted by Shanghai Electric Power Construction (SEPC) belonging to PowerChina concern, but eventually in the procedure remained only the consortium of CNIM S.A., PORR S.A. and CNIM Poznań S.A. whose tender was higher than that of SEPC and hence contracting party’s budged by around 700 million zloty.
JDP lawyers demonstrated that references provided by SEPC to prove company’s experience in the performance of similar projects are not credible in the light of public records. The National Appeals Chamber ruled that provision of not credible and untrue references misled contracting party.
See also: CEE Legal Matters