The National Appeals Chamber, in a judgment dated December 21, 2018, ref. KIO 2534/18, dismissed an appeal based on charges related to the evaluation of the acquisition of experience in the course of contract execution by a consortium. In its bid, the contractor referred to the experience gained in the course of contract execution by a consortium of companies consisting of two entities, of which it was the leader. The ordering party recognized it as the most advantageous. The appellant, on the other hand, alleged that the contractor could not rely on the experience of another entity, which in fact it did not have itself.
The Chamber dismissed the appeal, stressing that it is permissible for a contractor, participating individually in a public procurement procedure, to rely on the experience of a group of contractors of which it was a member on another public procurement, provided that its participation is considered active, for example, through the management of a consortium.