Are Demonstration Procedures Subject to Review by the Public Procurement Authority?

09 March 2026

In goods and service procurement tenders, demonstration procedures allow it to be tested in practice whether the product or service offered meets the technical criteria set out in the tender documents. In practice, their conduct by contracting authorities within a broad discretion may give rise to legal disputes. In appeals concerning demonstration procedures, the Public Procurement Authority most often treats them as falling within that discretion and carries out no examination. By contrast, the decisions of the Council of State indicate that demonstration procedures should be reviewed by way of technical examination and expert assessment, within the framework of the public procurement legislation.