Public procurement procedures are strictly regulated by the Public Procurement Act (PPA) and are subject to oversight to ensure legality, transparency, and equal treatment of participants. However, in practice, violations often occur, affecting the interests of both contractors and contracting authorities.
In such cases, the law provides mechanisms for appeal and legal protection, through which unlawful decisions may be annulled and fairness in the procedure restored.
When is an appeal in public procurement possible?
An appeal is admissible in the presence of a violation of the law or procedural rules affecting the rights and legitimate interests of participants.
Appeals are most commonly filed in cases of:
unlawful exclusion of a participant
unlawful conditions in the procurement documentation
irregularities in the evaluation of bids
incorrect ranking
selection of a contractor in violation of the law
decisions to terminate the procedure
It is important to note that almost any action or decision of the contracting authority may be challenged if it contradicts the PPA.
Where should the appeal be filed?
Appeals against public procurement decisions are submitted to:
Commission for Protection of Competition (CPC)
The CPC is the main authority reviewing public procurement complaints.
It has the power to:
annul unlawful decisions
return the procedure to a specific stage
impose sanctions
Supreme Administrative Court (SAC)
Decisions of the CPC may be appealed before the Supreme Administrative Court, which issues a final ruling.
Deadlines for appeal
Deadlines in public procurement are extremely short and preclusive, meaning that missing them results in loss of the right to protection.
Typical deadlines include:
10 days from notification of the decision
in certain cases – shorter deadlines
Therefore, it is crucial to act immediately after receiving the decision.
What should the appeal contain?
The appeal must be well-structured and include:
details of the appellant
description of the violation
specific legal grounds
evidence
request (e.g. annulment of the decision)
An improperly prepared appeal may lead to rejection, even if an actual violation exists.
What measures can the CPC impose?
If a violation is established, the CPC may:
annul the contracting authority’s decision
return the procedure for reconsideration
suspend the procedure temporarily
impose sanctions
These measures aim to restore legality and equal treatment within the procedure.
The importance of legal protection in public procurement
Appeals are a complex process requiring:
in-depth knowledge of the PPA
analysis of documentation
quick response
precise legal argumentation
Even a minor mistake may result in loss of the right to protection.
Professional legal assistance significantly increases the chances of:
successful appeal
reinstatement in the procedure
protection of financial interests
Attorney Anelia Ivanova provides specialized legal assistance in the field of public procurement, including:
preparation of appeals before the CPC
legal representation before the CPC and SAC
analysis of procedures and documentation
defense against unlawful decisions
consultations on participation in public procurement
With her experience in administrative and commercial law, she ensures effective protection of the interests of both contractors and contracting authorities. Timely legal support can be decisive for your successful participation and the protection of your business.
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