Regulation 280. 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 authority responsible for the tendering process and the contracting authority after assessing in its decision all relevant factors, including the seriousness of the infringement and the behaviour of those authorities.

(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 277, 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.