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As a rule, the review procedure only applies to awards that reach or exceed the threshold value for an EU-wide tender (Section 106 GWB [Act against Restraints of Competition] or if this is stipulated in the Land procurement laws (e.g. Tariftreue- und Vergabegesetz Sachsen-Anhalt - TVergG LSA). The review procedure takes place before the public procurement chambers of the Länder or the Federal Government.
The review procedure is regulated in §§ 155 ff. GWB.
Any company is entitled to file an application if it:
The company must have previously complained to the contracting authority about the award violation within the specified period (obligation to complain), Section 160 (3) ARC. An exception to this is if the invalidity of the contract is to be determined pursuant to Section 135 GWB.
The application for review must be made in writing and must be substantiated without delay.
The public procurement tribunals investigate the facts of the case ex officio. In a first step, they examine whether the application for review is obviously inadmissible or unfounded. If this is the case, the application for review is rejected. If this is not the case, the request for review is forwarded to the contracting authority and the contract award file is requested from it.
The decision of the Public Procurement Tribunal is generally based on an oral hearing; however, it can also be decided on the basis of the file.
In principle, the acceleration requirement must be observed. Upon receipt of the request, the Public Procurement Tribunal shall render its decision within 5 weeks. Under special circumstances, this period may be extended by a further 2 weeks.
If the application for review is well-founded, the Procurement Chamber shall take appropriate measures to remedy the infringement. If the application for review is unfounded, it shall be rejected.
An immediate appeal against the decision of the Public Procurement Tribunal is admissible.
The review procedure in public procurement law is a procedure used to review the decisions of contracting authorities and to ensure that they comply with the legal requirements. Bidders can request a review procedure if they believe that their rights have been violated in the award procedure.
Here are some common mistakes that can be made by both contracting authorities and bidders and how to avoid them:
By being aware of these common mistakes and taking steps to avoid them, both contracting authorities and bidders can help ensure that the review procedure is effective and fair and that the rights of all parties are protected.
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Alternatively, you can send us your application by mail to: abante Rechtsanwälte | Lessingstr. 2, 04109 Leipzig or send an e-mail to: personal@abante.eu
