In order to fulfil the obligation imposed by the National Appeal Chamber to provide additional explanation of the price calculation, it is sufficient for the contracting authority to ask the contractor the QUESTIONS PROVIDED IN THE CONCLUSION OF THE JUDGEMENT.
At the end of August the Regional Court in Warsaw confirmed an earlier ruling by the National Appeal Chamber in which it stated that asking the contracting authority questions directly indicated in the operative part of the decision – concerning clarification of the price proposed – is sufficient to fulfill the obligation imposed by the Chamber.
In the case, the National Chamber indicated the minimum catalog of questions that a contractor should answer when explaining the amount of the proposed price.
In the appeal, however, it was alleged that since the catalog was minimal, the contracting authority should expand it to include specific questions.
Neither the NAC nor the Warsaw Regional Court agreed with the allegations, claiming that the ORDERING AUTHORITY OBTAINED THE JUDGMENT IN ACCORDANCE WITH ITS LITERAL CONTENT. This, in turn, is entirely sufficient for the proper performance of the duty imposed.
In fact, taking a different view would mean that contracting authorities could never be sure that they are properly implementing the rulings of the National Appeal Chamber.