The first contract involved the delivery of 50 trams manufactured in Poland for Public Transport Company (MPK) in Cracow. The resulting dispute between the consortium of Stadler Poland and Solaris Bus & Coach and a rival bidder was closely followed by the mass media. Following 13 months of legal disputes, the client’s offer, originally in second place, was declared to be the most favorable bid and was awarded the contract worth PLN 363.5 million (approximately €87 million). The success will strengthen the position of Solaris Tram - the joint venture between Stadler and Solaris Bus & Coach - on the Polish light rolling stock market, which appears to offer promising prospects. The joint venture was created last year, and Dentons also assisted Stadler in that transaction.
In the second tender procedure, Stadler won a framework contract worth PLN 2.2 billion (approximately €527 million) for the supply of 71 modern regional trains for Koleje Mazowieckie (Mazovia Region Railways Co.). This was the largest contract in Poland for the delivery of rolling stock. The trains to be provided are the newest and most energy-efficient FLIRT trains manufactured in the factory in Siedlce. Stadler’s offer was challenged by two competitors in the tender. Both appeals were dismissed, and the contract was awarded to Stadler Poland.
“Due to the trust that Stadler has placed in us since the beginning of its operations in Poland, Dentons has built one of the most experienced and powerful legal teams advising on procurement projects in the railway sector,” said Aldona Kowalczyk, Head of Dentons Public Procurement team.
The two projects were handled by the Dentons Public Procurement team headed by Aldona Kowalczyk (partner), with Michał Drozdowicz (counsel), Agnieszka Gilowska (associate) and Patrycja Grodzka (associate) being the key team members advising on the tenders. Dentons provided the client with a wide scope of services including the preparation of tender documents, submission of explanations regarding tender bids, communication with stakeholders, and litigation strategy. Dentons lawyers also represented Stadler Poland before the National Chamber of Appeal (KIO) and in court.