Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4734Tender Process Disputes31 August 2026
Does cancelling a tender have adverse effects for the contracting authority?
Cancellation means that the authority cannot meet its requirement in time. A procurement carried out later, after a cancellation, also causes a price increase proportionate to the delay, and therefore loss to the public purse. Cancellation also affects the tenderers who took part.
- FAQ4734Tender Process Disputes31 August 2026
How is the time limit for bringing an action against a cancellation calculated?
The time limit is calculated having regard to notification of the cancellation decision and to any special administrative remedies that must be exhausted. In order not to miss the time limit, dates should be planned as soon as the decision becomes known.
- FAQ4734Tender Process Disputes31 August 2026
Which remedy is used against a decision cancelling a tender?
The remedy varies according to the stage at which, and the act upon which, the cancellation was made. The Authority's jurisdiction, the complaint process and the possibility of going directly to the administrative courts must be determined on the facts of the particular file.
- FAQ4734Tender Process Disputes31 August 2026
May the contracting authority cancel the tender again after a Public Procurement Board decision?
While giving effect to a Board decision the contracting authority may perform a new cancellation; however, the new grounds must not be used in order to deprive the Board's decision of effect. The reasons and the timing are examined together.
- FAQ4734Tender Process Disputes31 August 2026
May the tender officer refuse to approve the tender commission's decision and cancel the tender?
The tender officer approves the commission's decision within the framework of the legislation, or performs the appropriate act stating the reasons. Exercise of that power without a basis in the facts is subject to judicial review.
- FAQ4734Tender Process Disputes31 August 2026
Must reasons be given in a decision cancelling a tender?
A cancellation must set out its legal and factual reasons in an intelligible way. Abstract statements, contradictory assessments or reasons not borne out by the file may be made the subject of an application or an action.
- FAQ4734Tender Process Disputes31 August 2026
May a tender be cancelled because of an error in the tender documents?
An error in the documents that prevents bids from being properly prepared or evaluated equally may lead to cancellation. Whether the error can be corrected by a corrective act or an addendum must also be considered.
- FAQ4734Tender Process Disputes31 August 2026
May a tender be cancelled on the ground that sufficient competition did not arise?
Whether competition has arisen is not measured by the number of bids alone. The tender documents, the number of participants, the valid bids, the price level and market conditions are examined together in order to determine whether the grounds for cancellation are objective.
- FAQ4734Tender Process Disputes31 August 2026
May the disappearance of the requirement be a ground for cancelling a tender?
The genuine and demonstrable disappearance or change of the requirement may be a ground for cancellation. Grounds constructed after the event, abstract grounds, or grounds resting on dissatisfaction with the outcome of the tender are open to judicial review.
- FAQ4734Tender Process Disputes31 August 2026
May a tender be cancelled because the appropriation is insufficient?
The absence of sufficient appropriation for the work may be a ground for cancellation. However, when and why the appropriation became insufficient must be assessed together with the estimated cost and the administrative acts during the procurement procedure.
- FAQ4734Tender Process Disputes31 August 2026
Is the tender cancelled if the only valid bid exceeds the estimated cost?
Acceptance or rejection of a bid above the estimated cost is assessed in the light of the appropriation, the acceptability of the price and the relevant legislation. A cancellation decision must rest on concrete financial data and not merely on a single sentence of general reasoning.
- FAQ4734Tender Process Disputes31 August 2026
Is the fact that only one valid bid remains sufficient for cancellation?
The existence of a single valid bid is not in every case a ground for cancellation on its own. Competition, the estimated cost, the conformity of the bid and the tender conditions must be assessed together and the concreteness of the grounds for cancellation examined.
- FAQ4734Tender Process Disputes31 August 2026
May the contracting authority cancel a tender at any time and without giving reasons?
The contracting authority has a discretion to cancel a tender, but that discretion is not unlimited. The grounds for cancellation must be capable of explanation by reference to the public interest, the requirement and the concrete data of the tender, and must not be arbitrary or contradictory. Not only the operative part of the cancellation decision but also its concrete and reviewable reasoning…
- FAQ4734Contract Disputes31 August 2026
After the contract is signed, how is priority determined among the documents?
After the contract is signed, the contract, the administrative specification, the technical specification and the other documents are applied as a whole. Where there is a conflict between them, the order of priority set out in the standard contract and the documents, and the mandatory provisions of the legislation, govern.
- FAQ4734Contract Disputes31 August 2026
If the first tenderer does not sign the contract, may the second be invited?
Where the conditions in the procurement legislation arise, it may be possible to conclude the contract with the tenderer submitting the economically second most advantageous bid. The approval and time limit procedures must be carried out again in accordance with the legislation, having regard to the suitability of the second bid against the estimated cost and to the public interest.
- FAQ4734Contract Disputes31 August 2026
What happens if the successful tenderer does not sign the contract?
Where the successful tenderer refuses to conclude the contract other than for force majeure, its bid bond is forfeited and it is debarred. Whether the tenderer performed its obligations during the contract signature process must therefore be examined against the documents before a decision is taken.
- FAQ4735Contract Disputes31 August 2026
May the provisions of the draft contract be changed at the signature stage?
The contract to be signed following the tender is prepared on the basis of the tender documents and the successful bid. The contract may be changed only by an addendum issued by the contracting authority before the tender. Once the tender has been concluded and the contract stage reached, the parties are taken to have agreed.
- FAQ4734Contract Disputes31 August 2026
What is done where tax, fees or the Public Procurement Authority's share are understated in the invitation to conclude the contract?
Where there is a difference between the financial obligation stated in the invitation and the legislation in force, the legal basis of the amounts must be checked. Incorrect information given by the contracting authority does not of itself remove the tenderer's obligations arising from the Law.
- FAQ4734Debarment and Defence31 August 2026
What happens where the tenderer invited to conclude the contract is found to be debarred?
When the debarment arose may prevent the contract from being signed and may have adverse consequences for the guarantee. The person or company to whom the debarment relates, its start and end dates and its effect on the tender must therefore be examined against concrete records.
- FAQ4734Contract Disputes31 August 2026
Who must sign when a joint venture concludes the contract?
In a joint venture, representation and signature are governed by the joint venture agreement and the authorisation documents. The contract should be signed after checking the EKAP and trade registry records of the lead partner and the other partners.