Genaue Informationen über Fristen für Überprüfungsverfahren
The competent reviewing authority is
Vergabekammer des Bundes [transl.: Federal Public Procurement Tribunal]
Villemombler Straße 76
53123 Bonn
Tel.: 0228 9499-0
Fax: 0228 9499-163
Email:
vk@bundeskartellamt.bund.de
Website:
http://www.bundeskartellamt.de/SharedDocs/Kontaktdaten/DE/Vergabek
ammern.html
Candidate/ Bidder is requested to clearly identify those sections of the tender that
contain a trade or business secret. If Bidder fails to do so, the Public Procurement
Tribunal may, in the case of a review procedure, assume that Bidder has agreed to
have these documents inspected (§165 para. 3 GWB). As Awarding Authority, FAIR
is obliged to make the tender file available to the Public Procurement Tribunal immediately when initiating a review procedure (§ 163 para. 2 cl. 3 GWB).
Candidates/ Bidders have a right to expect the contracting authority's compliance
with the Bidder-protecting provisions re: the tender procedure (§ 97 para. 6 GWB).
If Candidate/ Bidder interested in the contract considers that Bidder's rights have
been infringed through failure to comply with award regulations, the infringement
must be reported to FAIR within ten calendar days (§ 160 para. 3 cl. 1 no. 1 GWB).
Infringements identifiable on the basis of the announcement or the award documents must be asserted against FAIR within the deadline for submission of tenders
specified in the announcement (§ 160 para. 3 cl. 1 nr. 2 - 3 GWB). If FAIR informs
Candidate/ Bidder that FAIR is unwilling to redress its complaint, it is possible to
file an appeal for review with the aforementioned Public Procurement Tribunal
within 15 days of receipt of the notification (§ 160 para. 3 cl. 1 no. 4 GWB).
Bidders whose tenders are not to be considered for the award will be informed
prior to the award according to § 134 GWB. A contract may only be concluded 15
calendar days after this information has been sent by FAIR. In the case of transmission by fax or electronic means, this period shall be ten calendar days. It commences on the day after dispatch of the information by FAIR. After this period has
expired, a surcharge is possible, even if the deadline is not passed according to
§ 160 para. 3 GWB. An application for review would therefore have to be delivered
to FAIR by the Public Procurement Tribunal before the expiry of the deadline according to § 134 GWB in order to prevent a surcharge. According to § 135 para. 1 and 2 GWB, the ineffectiveness of a commission can only be established if it has
been asserted in the review procedure within 30 calendar days of the conclusion
of the contract but not later than six months after the conclusion of the contract. If
the contracting entity has published the award in Official Journal of the European Union, the period unenforceability shall end 30 calendar days after announcement of the publication of the award in
the Official Journal of the European Unionn.
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