NAC upholds decision on anti-pneumococcal vaccination

From 1 January 2017, under the Preventive Vaccination Plan, all new-born babies in Poland are given the anti-pneumococcal vaccination. Consequently, at the end of Octobert he Public Procurement Department at the Ministry of Health announced a tender for the vaccines. In view of the scope of the supply (all new-born babies), the procedure conducted was the first of its kind in Poland.

The winning bid was that submitted by GSK Services sp. z o.o., advised by DZP. The bidder that took second place, PGF Urtica sp. z o.o., questioned the decision by filing an appeal with the National Appeal Chamber (NAC).

On 13 December the NAC dismissed PGF Urtica's appeal against the tender result, thereby confirming that GSK Services' bid had been duly selected, enabling a contract to be signed between the Ministry of Health Public Procurement Department and GSK. The NAC decision was not challenged by way of an appeal to a regional court.

DZP advised the winning bidder during both bid preparation and the appeal proceedings before the NAC.

Lawyers involved in the project were: Katarzyna Kuźma (Partner) and Michał Wojciechowski (Senior Associate) from our Public Procurement Team, and Michał Czarnuch (Partner) and Marcin Pieklak (Associate) from our Life Sciences Practice.