Regulation 116. Decision of the Public Contracts Review Board

(1) If the Public Contracts Review Board declares a contract to be ineffective, it shall impose penalties on the contracting authority or the contracting entity after assessing in its decision all relevant factors, including the seriousness of the infringement and the behaviour of the contracting authority or the contracting entity.

(2) The Public Contracts Review Board may not consider a contract ineffective, even though it has been awarded illegally on the grounds mentioned in regulation 113, if the Public Contracts Review Board finds, after having examined all relevant aspects, that the overriding reasons relating to a general interest require that the effects of the contract shall be maintained.