Remedies

Within the first two-thirds of the time allocated for the submission of offers, prospective candidates and tenderers may file a reasoned application before the Public Contracts Review Board: to set aside unlawful decisions, including clauses of the procurement document and clarification notes; to determine issues relating to submission through the e-procurement platform; to remove discriminatory specifications; to correct errors or remove ambiguities; or to cancel the call (regulation 262(1)).

Yes: 0.50% of the estimated value of the whole tender, or of the lots concerned, and in no case more than €50,000 (regulation 262(2)). Pending the decision of the Board, the process of the call is suspended (regulation 266).

Where the estimated value meets or exceeds €5,000, any tenderer or candidate concerned, or any person having or having had an interest or harmed or at risk of being harmed, may file an objection before the Public Contracts Review Board against a proposed award, the rejection of a tender or the cancellation of a call (regulation 270).

Ten calendar days from the date on which the proposed award decision, the rejection of the tender or the cancellation of the call was sent by fax or other electronic means (regulation 271). The objection is valid only with a deposit of 0.50% of the estimated value, not less than €400 and not more than €50,000 (regulation 273).

No. The contract cannot be concluded during the ten calendar days allowed for appeals, and the award process is completely suspended if an appeal is submitted (regulation 275).

If it does not decide on the day of the oral hearing, the Board decides not later than six weeks from that day, unless it postpones for serious and justified reasons (regulation 276(f)). A party aggrieved by the decision may appeal to the Court of Appeal within twenty calendar days from the date on which the decision is made public (regulation 284).

For contracts whose estimated value meets or exceeds the threshold of Schedule 5 (regulation 277(1)): among other cases, where the contract was concluded while an appeal was pending before the Board, or before the period for filing an appeal had expired (regulation 277(3)).