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Budimex SAUPDATE: Poland's railway infrastructure operator cancels Budimex's bid selection in tender
The selection of the PLN 4.047 billion (EUR 948.6 mln) net offer submitted by the consortium led by listed builder Budimex as the most favourable in the Polish railway infrastructure operator PKP PLK's tender has been invalidated, Budimex announced in a market filing. After reviewing the ruling, Budimex will decide on further legal steps.
The offer concerned the preparation of detailed design documentation, and the execution of construction works as part of the Rail Baltica projects on three sections, Budimex said in the market filing.
PKP PLK will re-examine and re-evaluate the bids.
The consortium's bid was worth PLN 4.047 billion (EUR 948.6 mln) net, including PLN 2.36 billion net for the basic scope of works.
The consortium comprises Budimex (as a leader with a 70 pct stake), Budimex's railway unit Budimex Kolejnictwo (partner with a 5 pct stake) and PORR (partner with a 25 pct stake).
In an emailed statement, Budimex announced that, upon receiving the written justification for the ruling, it will review its contents and decide on further legal steps.
"In our opinion, there are significant doubts regarding the timeliness of the appeal and, consequently, whether it should be considered by the National Appeal Chamber (KIO) on formal grounds, particularly given the contracting authority’s earlier evaluation of the documents. Upon receiving the written justification for the ruling, we will analyse its content and decide on further legal steps," the company stated.
"Additionally, particular doubts may arise regarding the admissibility of reopening the dispute based on arguments of an identical or very similar nature, especially since the KIO has already ruled on these matters twice within the same tender," it added.
Budimex believes that every contractor required to conduct self-cleaning procedures does so in good faith in accordance with applicable regulations and based on available instructions and market practice, providing extensive explanatory and evidentiary material.
"The problem, however, is that the market still lacks clear, mandatory and uniform guidelines specifying what self-cleaning should look like in practice and according to which standards it should be assessed," the company pointed out.
"That is why we have long been calling for the rules governing the use of self-cleaning to be clarified and for clear, mandatory and predictable standards for its assessment to be introduced. The state and the market need a public procurement system based on clear rules and consistent decisions," it concluded.
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