According to Dziennik Gazeta Prawna daily, in December of last year, the Regional Court in Warsaw ruled that the information provided by tenderers for a public procurement contract MUST BE VERIFIABLE EVALUATION AT THE TERMINATION STAGE OF THE COMPETITION.

Thus the Warsaw Regional Court – which in the current legal state is the only court that recognises appeals against rulings by the National Appeal Chamber – held that when analysing compliance with bid evaluation criteria, the CONTRACTING AUTHORITY CANNOT rely solely on the declarations of the participants in the procedure.

This in turn means that the court questioned the common practice, so far accepted also by the CCI, in which it was assumed that the CONTRACTOR’S NON-CONFORMANCE WITH THE DECLARATIONS SUBMITTED IS VERIFIED ONLY AT THE STAGE OF CONTRACT PERFORMANCE, for instance by imposing an obligation to pay contractual penalties.

Meanwhile, the court assumed that the issues concerning the contractor’s liability for non-performance of the contract have NO IMPACT ON THE ACTIONS THAT THE CONTRACTING AUTHORITY MUST TAKE BEFORE TERMINATION OF THE COMPETITION.