Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4734Contract Disputes31 August 2026
May a public procurement contract be concluded on EKAP with an electronic signature?
As part of the move to electronic procurement, contract procedures may be carried out through EKAP. Matters such as signature authority, the text of the contract and the performance bond must be completed in a manner compatible with the system.
- FAQ4734Contract Disputes31 August 2026
How is the ten day period for the invitation to conclude the contract calculated?
The start of the period is determined by the date on which the invitation is deemed notified. The final day must be calculated in advance, taking into account electronic notification, public holidays and the special rules on periods in the Law. For example, where the final day falls on a Sunday, the position must be addressed.
- FAQ4734Contract Disputes31 August 2026
May a tenderer be invited to conclude the contract after the bid validity period has expired?
Where the bid validity period has expired, the tenderer's continued commitment to its bid and its reply to any request for an extension matter. The contracting authority must not assume the tenderer's obligation without assessing the bid and guarantee periods together.
- FAQ4734Financial Disputes31 August 2026
How are tax and social security debts checked before the contract?
The debt and debarment checks on the successful tenderer at the contract stage are carried out through the electronic process in force. Which type of debt, and as at which date, prevents the contract from being concluded is determined according to the current legislation.
- FAQ4735Contract Disputes31 August 2026
In what cases is an additional performance bond required?
An additional performance bond is required from the contractor where the contract price increases or in the other cases provided for in the legislation. Its amount and timing are calculated according to the contract and the provisions of Law No 4735. Where the contract is terminated, the guarantee and the additional performance bond are also forfeited.
- FAQ4735Contract Disputes31 August 2026
How is the performance bond submitted before the contract is signed?
The rate, type, duration and form of submission of the performance bond are checked before the contract. Where an electronic guarantee is used, the EKAP and guarantee institution records must be consistent with the tender conditions. Forfeiture, return and updating of a guarantee have different consequences.
- FAQ4734Contract Disputes31 August 2026
How is the date of notification of the invitation to conclude the contract determined?
The date on which electronic notification is deemed to have been made on EKAP is the basis for calculating the period. The notification screen and records must be kept, and the start of the period must be determined not by estimate but according to the system and the rules of the legislation.
- FAQ4734Contract Disputes31 August 2026
Within how many days must a tenderer invited to conclude the contract sign it?
The period for the invitation and for signature is calculated under Law No 4734 having regard to the date of electronic notification. The tenderer must complete the performance bond and the other pre-contractual obligations before the period expires. In calculating the period, the date of notification or of becoming aware, the EKAP records and public holidays must be checked together.
- FAQ4734Tender Process Disputes31 August 2026
How are days counted in the time limits for complaints and proceedings?
In most cases the period begins on the day following the date of notification or of becoming aware; public holidays and the rules on electronic notification are also taken into account. Because procurement law contains short mandatory time limits, a timetable should be prepared for every file.
- FAQ4734Tender Process Disputes31 August 2026
May a stay of execution be requested against a Public Procurement Board decision?
A stay of execution may be requested together with the action for annulment. The court assesses together the manifest unlawfulness of the act and the condition of damage that would be difficult or impossible to make good if it were implemented.
- FAQ4734Tender Process Disputes31 August 2026
May an action be brought against a Public Procurement Board decision?
Board decisions are subject to review by the administrative courts. The time limit must be calculated having regard to notification of the decision and the current special provisions, and the act challenged and the relief sought must be correctly framed.
- FAQ4734Tender Process Disputes31 August 2026
For which formal deficiencies may an application to the Public Procurement Authority be rejected?
Applications to the Authority must comply with the time limit, standing, the elements of the application, authority, the application fee and the other mandatory formal requirements. In electronic tenders, some matters identified as deficient under the guidance in EKAP applications are addressed directly.
- FAQ4734Tender Process Disputes31 August 2026
To whom is an application made against a decision cancelling a tender?
The remedy may vary according to the stage at which, and the reason for which, the cancellation was made. The contracting authority's cancellation decision, the complaint process and any Board decision are examined together in order to determine whether the Authority or the courts are the appropriate forum.
- FAQ4734Tender Process Disputes31 August 2026
May an appeal be lodged with the Public Procurement Authority after the contract has been signed?
Signature of the contract in due form has important consequences for the Authority's jurisdiction and the admissibility of an application. The mandatory pre-contractual remedies must have been exhausted. Applications concerning the tender notice, the documents and the evaluation are affected once the contract has been concluded.
- FAQ4734Tender Process Disputes31 August 2026
What happens if the contracting authority does not reply to a complaint?
Failure by the contracting authority to decide within the period laid down in the Law amounts to an implied rejection. The period for an appeal to the Authority then begins. Continuing to await the authority's reply may cause the period to be lost.
- FAQ4734Tender Process Disputes31 August 2026
May an electronic complaint be lodged through a lawyer?
Where an application is made through a lawyer, the authority to represent and the electronic application rules apply together. It matters that the power of attorney, the authority and the EKAP and electronic signature procedures are completed before the time limit expires.
- FAQ4734Tender Process Disputes31 August 2026
Who may lodge a complaint or an appeal concerning a tender?
The standing of candidates, tenderers or potential tenderers is determined by the stage at which, and the act from which, the dispute arises. A connection must be established between the applicant's loss of rights or possible damage and the ground relied on.
- FAQ4734Tender Process Disputes31 August 2026
May a new ground not raised in the complaint to the contracting authority be taken to the Public Procurement Authority?
As a rule, new matters not raised in the complaint to the contracting authority are not examined on appeal. However, new matters arising from the authority's reply may be assessed separately. The scope and grounds of the first application should therefore be settled with legal assistance.
- FAQ4734Tender Process Disputes31 August 2026
When may the appeal fee paid to the Public Procurement Authority be recovered?
The refund of the fee is not determined automatically on every rejection or acceptance. The outcome of the Board's decision and the conditions for refund laid down in the Law must be examined, and a request must be made to the Authority in due time and form.
- FAQ4734Tender Process Disputes31 August 2026
When is an appeal lodged with the Public Procurement Authority?
Where the contracting authority's decision on a complaint is not accepted, or where it fails to decide in time, an application may be made to the Public Procurement Authority within the period laid down in the Law. The starting date is calculated by reference to the authority's reply or the date of implied rejection.