DZP lawyers successfully represented PORR S.A., one of Europe's leading construction companies, in two appeal proceedings before the National Appeal Chamber concerning the outcome of tenders for the expansion of Ore Quay III and Bytom Quay at the Port of Gdansk.
The two projects are part of the modernisation of the Port of Gdansk and bids for the reconstruction of the quays were opened in autumn 2022. Five bids were received for the Rudowe III section, while seven contractors submitted tenders for the Bytom section. The most advantageous bids in both tenders were considered to be those of Strabag. Appeals against these decisions were filed by several economic operators, including our client.
The NAC upheld PORR's arguments that, inter alia, the other economic operators' bids did not comply with the terms of reference (ToR) and that the prices were abnormally low. In both proceedings, the NAC invalidated the selection of the most advantageous bids and ordered that they be reassessed and that the bids questioned by our client be rejected.
PORR's bids for the two investments amounted to PLN 91.4 million for the reconstruction of Ore Quay III (for a section of approx. 250 m) and PLN 50.791 million for the reconstruction of Bytom Quay (section of 204 m). Thanks to the NAC's decision, when the bids were reassessed by the contracting authority, Zarząd Morskiego Portu Gdańsk S.A., our client was given the opportunity to conclude contracts for both investments..
The client was advised by DZP lawyers Tomasz Michalczyk, Counsel, and Cyprian Herl, Associate, from the public procurement team. The advice was supervised overall by Katarzyna Kuźma, Partner and Head of the team.