After the Mirbud ruling, businesses cannot conceal anything in a tender

A 15,000-złoty penalty became the basis for excluding a consortium from a tender worth billions, according to the ruling in the Rail Baltica reconstruction case.

The Public Procurement Court on Friday ended a dispute that had continued for months and upheld the exclusion of the Mirbud and Torpol consortium. Its bid was about 650 million złoty cheaper than the offer expected to be selected.

The case drew attention not only because of the contract’s record value. It also addressed how strictly companies must disclose information in procurement documents. The court favored a rigorous interpretation under which misleading the contracting authority, even unintentionally and over a relatively minor issue, requires a company to be excluded.

The ruling has raised questions about proportionality and the consequences for businesses that omit seemingly insignificant information. It also sets a significant precedent for public procurement and the delivery of strategic investments in Poland, where a small error can eliminate a bid despite a major price advantage.