Not Every Tender May Be Cancelled: Discretion in the Cancellation of a Tender

12 February 2023

Article 39 of the Public Procurement Law, headed “Rejection of All Tenders and Cancellation of the Tender”, provides that: “Upon the decision of the tender commission, the contracting authority is free to reject all tenders submitted and to cancel the tender. Where the tender is cancelled, this shall be notified to all tenderers without delay. The contracting authority incurs no liability by reason of the rejection of all tenders. However, where tenderers so request, the contracting authority shall notify the grounds for the cancellation of the tender to the tenderers making that request.”