How to appeal public procurement results

Where and when to file a complaint

A complaint about open tender or auction results is filed via the web portal with the customer, organiser or single organiser that adopted the protocol. The deadline is 3 business days from the publication of the results protocol. A complaint filed later is not considered, and a complaint lacking the required details is returned within 2 business days.

While the complaint is being reviewed, the deadline for concluding the contract is suspended.

How complaints are reviewed

1. The customer or organiser makes a decision within 3 business days after the complaint filing period ends.
2. If the complaint is upheld, the commission revises the results within 2 business days.
3. If it is rejected, the decision and the reasons for it are published on the portal.

What cannot be appealed

Under Article 25, results in which the portal determines the winner automatically cannot be appealed — that is, requests for price quotations and the e-shop. If you take part in such procurements, your only protection is to read the announcement carefully and submit your offer on time.

The courts and the authorised body

The pre-trial procedure is mandatory: first a complaint via the portal, then the court. Going to the administrative court does not suspend the procurement.

A separate route is to apply to the authorised body for internal state audit. It carries out an inspection and may issue an order or file a claim to have the contract declared invalid.

How to prepare

• Watch for the results protocol: 3 business days fly by. On MyTender you can add a lot to your board — the service will remind you of the deadlines and show the results once they appear.
• Cite a specific clause of the tender documentation and a specific provision of the Rules, not a general “it's unfair”.
• Keep screenshots and exported documents from your bid — they will come in handy if the case goes to court.