LYNX has advised a consortium led by AKE Studio and WLC Inżynierowie on securing a public procurement contract for the Wrocław Airport terminal expansion project in Poland.
The clients, Poland’s AKE Studio sp. z o.o. sp. k. and WLC Inżynierowie sp. z o.o. sp. k., have entered into an agreement with Port Lotniczy Wrocław S.A., valued at PLN 18,191,700.00, for the development of an architectural and functional concept and comprehensive design documentation for the reconstruction and expansion of the airport terminal.
LYNX supported the consortium throughout the year-long procurement process, representing them in four appeal proceedings before Poland’s National Appeals Chamber (KIO).
Successful challenge of tender rejection
In the key proceeding, we successfully challenged the unjustified rejection of the consortium’s bid and the unlawful cancellation of the procedure. As a result, the KIO ordered the contracting authority to revoke its decision and request supplementation of the personnel list.
Defending the winning bid
Following submission of the updated personnel list and the selection of AKE and WLC’s bid as the most advantageous, we acted as an intervening party and secured dismissal of an appeal seeking their exclusion. We demonstrated that the appeal had been filed out of time under the principle of concentration of legal remedies. Although the proceedings led to the declassification of the supplemented personnel list, the consortium’s position remained unaffected.
After the declassification and renewed selection of the bid, we successfully defended against a further appeal brought by the same competitor. This time, the proceedings concerned the qualifications and experience of a newly added team member included to demonstrate compliance with participation criteria.
Complex cross-border legal issues
At this stage, our advice covered in particular the scope of information that may be required by a contracting authority when assessing compliance with participation conditions, the recognition of Spanish professional qualifications in Poland, cross-border service provision within the EU, the using of proper definitions and the assessment of professional experience under both Polish and Chilean law. LYNX’s conclusions and findings in this regard were fully confirmed by KIO.
Increasing competition in public procurement
This case highlights the growing competitiveness of Poland’s public procurement market, with contractors making increasing use of legal remedies and the number of KIO cases rising year by year. We are pleased to have supported our clients in successfully navigating this complex, high-value tender.
The advisory team was led by Jarosław Sroka, Partner, and Michał Rusin, Associate.
For further information, please contact: jaroslaw.sroka@lynx.legal.
