The National Appeals Chamber allowed the possibility to use third party resources for the purposes of pre-selection. Such conclusion follows from a decision delivered yesterday in which the Chamber ordered the contracting authority to clearly stipulate whether or not it is going to award additional points to a contractor invoking third party resources. Even though indirectly, the Chamber permitted such solution.

The judgment is precedential. It was the first decision delivered after the amendment of the Public Procurement Paw introduced by the Act on the concession contract for construction works or services of 22 June 2016 r. The cited Act erased in the respective provisions of the Public Procurement Law of the expression “or selection criteria,” which was regarded as final resolution of a long-standing dispute and discussion. The National Appeals Chamber, adjudicating in an expanded panel, disagreed with an interpretation excluding the possibility to invoke third party resources for the purposes of a so called “short list.” In consequence, the contracting authority will have to clearly indicate if it allows such option.

The decision is fully consistent with the assertions and claims made before the Chamber by the company Gűlermak represented by the law firm Jacek Kosiński Advocates and Legal Advisers, on behalf of which the litigation was handled by dr Łukasz Paweł Goniak. Realisation of the project is supervised from the legal perspective by Jacek Kosiński, Managing Partner in the law firm.