Reporting irregularities in relation to the tender process

A person who considers themselves to have been harmed by an act of the contracting authority may refer the matter to the competent bodies with a view to annulling the act of the contracting authority, ordering it to issue an act or adopt remedial measures, and having the alleged right or legitimate interest recognised.

Complaint lodged by administrative means – National Council for Solving Complaints

The different time limits laid down in the legislation are as follows:

• 10 days when the estimated value is above the value thresholds for which submission for publication to the Official Journal of the EU is mandatory
• 7 days when the estimated value of the procurement procedure is below the thresholds for which submission for publication to the Official Journal of the EU is mandatory
• Date of publication of the notice of initiation of the procedure for awarding the documentation, if the complaint concerns the content of the tender award documentation

No later than 3 days from receipt of the appeal, the contracting authority may take remedial measures that are to be communicated to: the appellant, the other economic operators and the NCSC.

If the applicant considers that the measures adopted are sufficient, they shall submit a request to withdraw the complaint to the NCSC and the contracting authority.

The contracting authority has the right to conclude the contract only after the decision of the NCSC on the resolution of the complaint.

Time limits for NCSC to resolve the complaint

• 20 days – NCSC shall solve the complaint on the merits within 20 days of receipt of the public procurement, sector procurement or concession file; this may be extended by 10 days in duly justified cases.
• 10 days in the event of an exception impeding the examination of the complaint on the merits

Complaint lodged with the courts

When the competent authority and/or any person considers themselves to have been injured by the decisions made by the NCSC, they may lodge a complaint with the competent court on the grounds of illegality and lack of justification.

Time limits for lodging a complaint

• 10 days after notification of the NCSC’s decision to the parties to the case
• 10 days after becoming aware by other injured parties

Competent court

The court with jurisdiction to hear the complaint lodged against the decision of the NCSC is the Court of Appeal, the Administrative and Tax Litigation Division, within whose jurisdiction the contracting authority is established. Complaints are examined by specialised procurement panels.

The National Council for Solving Complaints (NCSC) is an independent body with administrative and judicial activities, the organisation and functioning of which are governed by Law No 101/2016 on remedies and appeals concerning the award of public procurement contracts, sectorial contracts and of works concession contracts and service concession contracts.