Technical Issues in CAIS EPP During Public Procurement Procedures – What Are Your Legal Options?

A technical issue in CAIS EPP immediately before the deadline for submitting a tender requires a prompt and organised response. The most important steps are for the tenderer to identify the nature of the issue, take reasonable technical action, and preserve evidence of everything that occurs at the same time.

This article provides a practical response protocol where it is impossible to log in, sign, upload, or submit documents. Detailed information about the legal analysis and available remedies is provided on the page legal assistance with CAIS EPP issues.

For general information about the firm’s services, see the public procurement section.

1. Establish the stage at which the issue occurs

Before making repeated attempts, identify the particular action during which the difficulty arises:

  • logging into the user account;
  • accessing the organisation or the particular procurement procedure;
  • completing or signing the ESPD;
  • uploading a file;
  • recognising or using the qualified electronic signature;
  • signing the request to participate or tender;
  • completing the final submission;
  • receiving confirmation that the tender was submitted successfully.

This distinction is important. Failure to upload an individual file, an issue with the qualified electronic signature, and general unavailability of the system are different situations and require different evidence.

2. Check whether the difficulty is local or affects the system

The first technical check is whether the issue arises from the device, internet connection, browser, or electronic signature being used, or whether it is connected with the operation of the system itself.

Check the following in sequence:

  • whether the internet connection is stable;
  • whether other websites load correctly;
  • whether the date, time, and time zone on the device are configured correctly;
  • whether the qualified electronic signature is recognised by the computer;
  • whether the certificate is valid and the correct PIN has been entered;
  • whether the browser being used is up to date;
  • whether the electronic signing component is functioning;
  • whether the same issue occurs in another permitted browser or on another workstation.

Also check the information published by the Public Procurement Agency concerning scheduled interruptions and unplanned interruptions of CAIS EPP.

The absence of a published general interruption does not necessarily mean that no technical issue existed. The difficulty may affect a particular user, electronic signature, file, function, or limited period.

3. Begin collecting evidence as soon as the first error occurs

Do not wait for the deadline to expire before documenting the issue. For every error message, take a screenshot that shows, where possible:

  • the entire screen rather than only a cropped part of the message;
  • the page address;
  • the date and time displayed on the device;
  • the number or name of the procurement procedure;
  • the action you are attempting to perform;
  • the exact wording or code of the error.

Where the issue recurs, preserve a sequence of screenshots or a short video recording of the actions. This may establish not only the final result, but also the sequence of attempts.

Do not edit the original files or images. Preserve them with their automatically generated metadata and create separate copies for transmission or processing.

4. Record a precise chronology of the actions

Create a brief incident log. For each attempt, record:

  • the exact time;
  • the device and browser used;
  • the action taken;
  • the error message received;
  • whether another attempt was made;
  • whether another device, browser, or internet connection was used;
  • whether technical assistance was requested;
  • what response was received.

The chronology should be specific. A statement such as “the system was not working all afternoon” is considerably more difficult to verify than a record containing exact times, actions, and messages.

5. Contact technical support

Where the difficulty continues, use the official technical support channels specified in CAIS EPP and the user guidance.

The communication should include:

  • the name and identifier of the organisation;
  • the number or name of the public procurement procedure;
  • the user account affected by the issue;
  • the exact time of the first unsuccessful attempt;
  • a brief and specific description of the error;
  • the operating system and browser used;
  • whether the issue relates to the qualified electronic signature;
  • attached screenshots.

Preserve the communication sent, the support reference number, the automatic confirmation, and the response received. A telephone conversation should also be recorded in the chronology, together with its time and a brief description of the guidance provided.

6. Do not wait until the final minutes to begin submission

Preparation of the tender may have been completed earlier, but electronic submission involves separate actions: uploading, checking, signing, and final transmission.

Leaving these actions until the final minutes increases the risk that a local technical issue, delayed upload, or signing error cannot be resolved in time.

Good internal organisation includes:

  • checking the qualified electronic signature in advance;
  • checking the employee’s permissions in the organisation’s account;
  • preparing the final files sufficiently early;
  • using clear and unambiguous document names;
  • checking file formats and sizes;
  • having a backup workstation and internet connection;
  • appointing an employee responsible for completing the final submission.

Further information about organising participation and reviewing the documents in advance is available on the page public procurement for tenderers and contractors.

7. Check whether the tender was actually submitted

Uploading and signing documents does not always mean that the tender has been finally submitted. Once the actions have been completed, check the status in the system and the available confirmation.

Preserve:

  • the page displaying the final status;
  • the submission confirmation;
  • the system notification;
  • the date and time certified by the system;
  • the list of files finally attached.

The company’s internal folder should contain the same versions of the documents as those submitted through the platform.

8. What not to do when an issue occurs

During a technical incident, avoid actions that may make subsequent clarification more difficult:

  • do not rely solely on an oral assertion that the system was not working;
  • do not take only one screenshot without visible date, time, and context;
  • do not delete error messages or correspondence;
  • do not repeatedly amend files without retaining the previous versions;
  • do not use an untested qualified electronic signature immediately before the deadline;
  • do not assume that submitting a support request automatically extends the deadline;
  • do not allege a general system failure where the evidence indicates an issue affecting only a particular device.

9. What the contracting authority should examine

Where a tenderer alleges that a technical issue prevented participation, the contracting authority must distinguish verifiable facts from general assertions.

Depending on the circumstances, it should examine:

  • whether an official system interruption was established;
  • whether the particular procurement was among those affected;
  • what timestamp data is available in the system;
  • what action the tenderer performed and at which stage the error occurred;
  • whether timely and authentic evidence has been submitted;
  • whether the issue arose from the platform or from the tenderer’s working environment;
  • what legal consequences are permitted under the applicable legislation.

Not every technical difficulty permits the same response from the contracting authority. Its decision must be based on the specific system data, the procurement documents, and the applicable rules.

Further information about preparing and defending contracting authority decisions is available on the page public procurement for contracting authorities.

10. When a legal assessment is required

A legal assessment is required where the technical issue prevented submission of a tender, resulted in a missing document, created uncertainty concerning the time of submission, or was followed by a decision affecting the economic operator’s participation.

The assessment considers together:

  • the requirements and timetable of the procedure;
  • the system data;
  • the evidence collected by the tenderer;
  • the official information concerning the operation of CAIS EPP;
  • the actions of technical support;
  • the contracting authority’s decisions and reasons;
  • the remaining time limit for seeking legal protection.

The mere existence of a screenshot or submitted support request does not automatically prove an infringement. What matters is whether the technical event has been established, how it affected participation, and whether the affected person responded promptly.

Where an act affecting the tenderer’s rights has been issued, it may be necessary to analyse the available options for appeals and legal protection in public procurement.

Practical evidence package

Where a technical issue occurs, prepare a single folder containing:

  • a chronology of the actions with exact times;
  • the original screenshots and video recordings;
  • the exact wording and codes of the errors;
  • the correspondence with technical support;
  • the reference numbers of the support requests;
  • copies of the files prepared for upload;
  • details of the device, browser, and qualified electronic signature used;
  • the confirmations and notifications from the system;
  • the contracting authority’s decision or communication, where already issued.

Ivanova LLP Law Firm provides legal analysis of technical incidents in CAIS EPP, system data, submitted support requests, and subsequent decisions of the contracting authority. For an initial assessment, send the chronology, evidence of the issue, and documents relating to the particular procedure.

Frequently Asked Questions

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What should I do immediately when an error occurs in CAIS EPP?

Take a screenshot showing the date, time, page address, and error message. Record the action during which the issue occurred and check the internet connection, browser, qualified electronic signature, and operation of the system.

Is one screenshot sufficient?

Usually not. A more reliable evidence package includes a sequence of screenshots, a precise chronology, correspondence with technical support, and system confirmations.

Does submitting a support request extend the submission deadline?

Not automatically. The support request documents the issue, but the legal consequences depend on the nature of the technical event, the system data, the applicable rules, and the actions taken in the particular procedure.

How can I establish whether there is a general interruption of CAIS EPP?

Check the official information published by the Public Procurement Agency concerning scheduled and unplanned interruptions. Also establish whether the particular procurement is among the affected procedures.

Is every technical issue a ground for appeal?

No. It is necessary to establish the nature of the issue, whether it is proven, whether it affected participation, and whether the contracting authority’s subsequent act or action is subject to legal protection under the PPA.

What documents are required for a legal assessment?

The required documents include the chronology of the incident, screenshots, error messages, correspondence with technical support, system confirmations, the files intended for submission, and the relevant procurement documents.

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