On 18.02.2016 Województwo Małopolskie announced at Biuletyn Informacji Publicznej [Public Information Bulletin] that the Contracting Authority performed the acts ordered by Krajowa Izba Odwoławcza –KIO [National Board of Appeal] and Sąd Okręgowy [Regional Court] in Kraków.
On November 20, 2015 Krajowa Izba Odwoławcza found that the bid submitted by Pojazdy Szynowe Pesa Bydgoszcz contained an abnormally low price and ordered for it to be rejected and NEWAG’s offer to be selected as the most favourable one.
On February 12, 2016, Sąd Okręgowy in Kraków dismissed PESA’a appeal to the KIO’s decision in its entirety, providing a valid and final closure to the court proceedings concerning the public procurement tender for the delivery of trains for Małopolska Province.
“We are pleased with the decision of Sąd Okręgowy. The price offered in public procurement tenders should not be the only, key criterion in selecting winning bids. Priorities in public transport should concentrate on train’s high quality and reliability. Our trains meet these criteria,” said Zbigniew Konieczek, President of NEWAG S.A.
Executing the above-stated decisions, the Contracting Authority annulled the choice of the most fabourable bid done on 26.10.2015 and selected the bid submitted by NEWAG S.A. as the most favourable one.
The object of the public procurement tender was the delivery of twelve new electric multiple units (eight four-unit EMUs and four five-unit EMUs) including comprehensive guarantee and maintenance services. The tender also included an option to purchase additional four trains (two four-unit EMUs and two five-unit EMUs). PESA submitted a bid containing a gross price of approx. PLN 292.5 million.
NEWAG’s bid (covering the delivery of 12 EMUs with an option to deliver additional 4 trains) amounted to PLN 374 million gross.