Appealing to KIO – how to effectively fight for a contract?
The fight for the order doesn't end with submitting a bid
Under the Public Procurement Law (PZP) regime, simply preparing the best bid is often only half the battle. Equally important is the ability to defend your own position and highlight the mistakes of competitors or the contracting authority. Appeal to the National Appeal Chamber (KIO) is the most powerful tool in the hands of a performer, provided it is used precisely and within rigorous deadlines.
The most common grounds for appeal
- Non-compliance of the SWZ specifications with the provisions of the act: Often, even at the stage of publishing tender documentation, the contracting authority formulates requirements that discriminate against certain contractors or violate the principle of fair competition.
- Rejection of contractor's offer We are analysing whether the reasons for rejection (e.g. errors in the cost estimate or alleged non-compliance with the ZawP content) are factual and in line with current case law.
- Failure to exclude a competitor: If the winning bid contains errors, misrepresentations, or there is suspected bid-rigging, an appeal is the only way to revise the results.
- Conspicuously low price This is one of the most difficult aspects of evidence. We help prepare substantive explanations or effectively challenge unrealistic competitor valuations.
Proceedings before the Chamber – what to watch out for?
The appeal proceedings are adversarial. This means that KIO will not search for evidence on our behalf. As a law firm, we support contractors in preparing litigation strategy, selecting evidence, and representation at hearings in Warsaw. It is crucial to understand that at KIO, not only the letter of the law counts, but, above all, the technical and economic realities of a given industry.
