The Law Firm’s advocates and attorneys once again successfully represented the interests of their Clients before the National Appeals Chamber (NAC).
The Law Firm’s Clients, acting as part of a consortium, submitted a bid for construction work that was subject to a mistake. The mistake consisted in the Law Firm’s Clients declaration of a longer deadline for the construction works than the maximum deadline set by the Ordering Party. The Ordering Party first recognized that the error in the bid was a mistake that should be corrected by it, and in turn selected the Law Firm Clients’ bid as the most advantageous. However, this decision was opposed by another participant in the proceedings, who filed an appeal with the NAC, accusing the Ordering Party of violating Article 89(1)(2) of the Public Procurement Law by failing to reject the Law Firm’s Clients’ offer as inconsistent with the Terms of Reference (ToR).
The Law Firm’s advocates and attorneys proved before the NAC that rejecting the bid would have been a manifestation of excessive formalism in the case at hand, especially since the other documents submitted during the proceedings by the Law Firm’s Clients showed that the construction work would be completed within the deadline set by the Ordering Party. The NAC fully agreed with the argumentation of the Law Firm’s lawyers and dismissed the appeal.