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.
Before making repeated attempts, identify the particular action during which the difficulty arises:
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.
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:
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.
Do not wait for the deadline to expire before documenting the issue. For every error message, take a screenshot that shows, where possible:
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.
Create a brief incident log. For each attempt, record:
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.
Where the difficulty continues, use the official technical support channels specified in CAIS EPP and the user guidance.
The communication should include:
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.
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:
Further information about organising participation and reviewing the documents in advance is available on the page public procurement for tenderers and contractors.
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 company’s internal folder should contain the same versions of the documents as those submitted through the platform.
During a technical incident, avoid actions that may make subsequent clarification more difficult:
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:
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.
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 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.
Where a technical issue occurs, prepare a single folder containing:
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.
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.
Usually not. A more reliable evidence package includes a sequence of screenshots, a precise chronology, correspondence with technical support, and system confirmations.
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.
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.
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.
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.