Public procurement remedies and requests for review
We represent bidders in public procurement review proceedings — from requests for review and challenges to exclusions to representation before the National Review Commission (DKOM).
We advise bidders in public procurement procedures — from reviewing the tender documents to a request for review when a bid is rejected. The deadlines in these proceedings are short, so a prompt assessment is decisive.
In public procurement, the difference between winning and losing a contract often comes down to a few days and a few paragraphs. The deadlines for remedies are short and strict, and a request for review must be sound in both substance and form; otherwise the opportunity is lost, however well-founded the objection. Our task is to assess the realistic prospects quickly, file a well-reasoned request in good time, and represent you through to the decision — and the value of the contract often justifies pursuing remedies further.
Five situations in which it is worth getting in touch.
- The contracting authority has rejected or excluded your bid and you believe it was unjustified.
- You disagree with the contract award decision (another bidder was selected).
- In your view the tender documents are discriminatory, unclear or tailored to a specific bidder.
- A final deadline for filing a request for review is approaching.
- Before filing, you want an assessment of whether the request is worth pursuing, given the fee, the cost of the proceedings and the realistic prospects of success.
From assessment to decision.
Assessment of the prospects
Before filing, we review the decision or the tender documents, the breaches identified and the realistic prospects of success.
Request for review
We prepare and file a reasoned request in the pre-review procedure before the contracting authority.
Representation before DKOM
We conduct the review proceedings before the National Review Commission.
Challenging the tender documents
We object in good time to discriminatory or unclear conditions, while that is still possible.
Deadlines and the fee
We ensure timeliness (final deadlines) and correct payment of the fee.
Further remedies
Where appropriate, we advise on administrative-court proceedings and damages claims arising from the contracting authority's unlawful conduct.
Short deadlines and a strong request decide the contract.
In public procurement, time works against the bidder: the deadlines for remedies are short and strict, and a delay means the opportunity is lost for good, even where the objection would have been well-founded. A well-constructed, timely request that clearly demonstrates the breaches has a significant bearing on the outcome, and where the contract value is high, pursuing remedies further is worthwhile. A realistic assessment before filing helps you avoid unnecessary costs when the prospects of success are low.
In public procurement, success is often decided in days — sometimes hours.
Tjaša Ozimek
She leads the firm's public procurement and review practice, advises bidders, prepares requests for review and represents clients before the National Review Commission (DKOM).
View profile →Public procurement: frequently asked questions
What is a request for review and when can I file one?
It is a bidder's legal remedy against the conduct of the contracting authority in a procurement procedure — for example against the tender documents, the exclusion of a bid or the contract award decision. It is filed in the pre-review procedure before the contracting authority, within the short statutory deadlines.
What are the deadlines for filing?
The deadlines are short and strict, and vary according to the stage of the procedure and what you are challenging. Because a delay means losing the opportunity, it is sensible to act at once; we assess the specific deadline on review.
Who decides the request — the contracting authority or DKOM?
First the contracting authority, in the pre-review procedure. If it does not uphold the request, the matter proceeds before the National Review Commission (DKOM), which decides the review.
Can I claim damages after an unsuccessful tender?
In certain cases, yes — where the contracting authority acted unlawfully and you suffered loss as a result. We assess such a claim separately. In some cases the damages aspect can be commercially significant and is assessed separately.
Related insights
A request for review in public procurement: deadlines and procedure
What a request for review is, when to file it, how the pre-review procedure and the decision before DKOM unfold, and why the deadlines are crucial.
Read more →Rejection or exclusion of a bid in public procurement: how to object
Common grounds for excluding a bid, how to check the contracting authority's reasoning, and when filing a request for review is worthwhile.
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