Public Procurement Review Committee

Public Procurement Review Committee

 

Public Procurement Review Committee operating at the Ministry of Finance (hereinafter Review Committee) is an extrajudicial body for settling disputes that carries out the review procedure set out in the Procurement Act according to the grounds and the procedure set out in the law.

The main duty of the Review Committee is carrying out a review procedure, incl. reviewing requests for reviews and requests for compensation of damage according to the procedure set out in the law, and the Review Committee shall be guided by the statutes of the Public Procurement Review Committee in its operations.


A tenderer, candidate or economic operator interested in participating in public procurement may contest actions of the contracting authority or entity by filing a respective request for review with the Review Committee if it finds that an infringement of the Public Procurement Act by the contracting authority or entity infringes its rights or adversely affects its interests.

Contact:

Tiina Loosaar, phone +372 611 3713
Fax: +372 611 3760
E-mail: vako@fin.ee
Location: Lõkke 5, Tallinn

Mailing address: Endla 13, 10122 Tallinn.

Members of the Review Committee:

  • Taivo Kivistik (head)
  • Mart Parind
  • Ulvi Reimets
  • Angelika Timusk

 

A request for review may be filed against the following documents or decisions of the contracting authority or entity:

1) procurement documents;
2) exclusion of the candidate or tenderer from the procurement procedure;
3) non-exclusion of a candidate or tenderer from the procurement procedure based on subsection 97 (2) of the Public Procurement Act;
4) qualification or non-qualification of an economic operator;
5) declaring a tender suitable;
6) rejection of a tender or rejection of all tenders;
7) declaring a tender successful;
8) other decision made by the contracting authority or entity on the basis of the Public Procurement Act, which may infringe the rights of the requester or adversely affect its interests.

If the contracting authority or entity has changed the procurement documents and extended the time limit for submission of tenders, requests to participate or conceptual designs, only the changes made to the procurement documents, which are in conflict with the final decision of the Review Committee or the final judgment made with regard to the same public procurement or changes made independently thereof may be contested during the extended time limit.

The requester may:
1) file a request for review against the optional notice if the contracting authority or entity has not submitted a contract notice, the non-submission thereof was not permitted under the Public Procurement Act and the contracting authority or entity has submitted an optional notice to the register;
2) contest the public contract if the contracting authority or entity has used negotiated procedure without prior publication and, following the awarding of the public contract, submitted to the register a contract award notice within the prescribed time limit;
3) contest the public contract if the contracting authority or entity has not submitted a contract notice, optional notice or notice of award of contract within the prescribed time limit, and the non-submission of the contract was not permitted under the Public Procurement Act;
4) contest the public contract if, upon submission of the contract notice to the register, the contracting authority or entity has not indicated that the estimated value of the public procurement equals or exceeds the international threshold or not indicated that it would like the contract notice to be forwarded to the Publications Office of the European Union, provided that the forwarding of the contract notice was required under the Public Procurement Act;
5) contest the public contract if the contracting authority or entity has awarded it under a dynamic purchasing system in breach of the terms and conditions provided for in section 35 of the Public Procurement Act;
6) contest the public contract if the contracting authority or entity has awarded it in breach of the rules provided for in subsection 30 (9) of the Public Procurement Act.

According to the procedure set out in aforementioned clauses 2, 3, 5 and 6, a request for review cannot be filed if the value of the awarded public contract is below the public procurement threshold.
 

Deadlines for submitting a request for review


A request for review must be received by the Review Committee within ten days as of the day when the requester learned or had to learn of the infringement of its rights or harming of its interests, except in the cases listed as follows, but not after the award of the public contract.

A request for review regarding a procurement document must be received by the Review Committee no later than:
1) two working days before the closing date for submission of tenders, requests to participate or conceptual designs in a simple procedure;
2) five working days before the closing date for submission of tenders, requests to participate or conceptual designs in the procurement procedure if the estimated value of the public procurement equals or exceeds the public procurement threshold, or
3) within ten days as of making a procurement document electronically available where the contracting authority or entity has reduced the time limit for the submission of tenders, requests to participate or conceptual designs in the procurement procedure in accordance with subsection 93 (2) or subsection 94 (4) or (5) of the Public Procurement Act, but not after the closing date for submission of tenders, requests to participate or conceptual designs in the procurement procedure.

If a procurement document is not made electronically available, the aforementioned time limit for the submission of a request for review is calculated as of the day when the requester learned or had to learn of the infringement of their rights or harming of their interests.

A request for review in a simple procedure, except in the case of contesting procurement documents, must be received by the Review Committee within three working days after the day when the requester learned or had to learn of the infringement of its rights or harming of its interests, but not after the award of the public contract.

A request for review that is filed in a procedure of awarding a public contract on the basis of a framework agreement must be received by the Review Committee within seven days after the day when the requester learned or had to learn of the infringement of its rights or harming of its interests, but not after the award of the public contract.

A request for review submitted on the basis of clause 185 (4) 1) of the Public Procurement Act (against the optional notice) must be received by the Review Committee within ten days from the publication of a voluntary notice in the register.

A request for review submitted on the basis of clauses 185 (4) 2), 4) and 5) of the Public Procurement Act (to contest the public contract if a) the contracting authority or entity has used negotiated procedure without prior publication and, following the awarding of the public contract, submitted to the register a contract award notice within the prescribed time limit, or b) upon submission of the contract notice to the register, the contracting authority or entity has not indicated that the estimated value of the public procurement equals or exceeds the international threshold or not indicated that it would like the contract notice to be forwarded to the Publications Office of the European Union, provided that the forwarding of the contract notice was required under the Public Procurement Act, or c) the contracting authority or entity has awarded it under a dynamic purchasing system in breach of the terms and conditions provided for in section 35 of the Public Procurement Act) must be received by the Review Committee within 30 days from the publication of a contract award notice in the register.

On the basis of clause 185 (4) 3) of the Public Procurement Act (to contest the public contract if the contracting authority or entity has not submitted a contract notice, optional notice or notice of award of contract within the prescribed time limit, and the non-submission of the contract was not permitted under the Public Procurement Act), a request for review may be filed with the Review Committee within six months from the award of the public contract.

On the basis of clause 185 (4) 6) of the Public Procurement Act (to contest a public contract awarded as a result of reopening of a competition), a request for review may be filed with the Review Committee within 30 days from the day when the requester learned or had to learn of the infringement of its rights or harming of its interests.

Request for compensating damage


Following the awarding of the public contract, a request for compensation of damage may be filed with the Review Committee by an economic operator whom the public contract was not awarded due to an unlawful decision of the contracting authority or entity or due to a procurement document, unless the economic operator has failed to contest the decisions of the contracting authority or entity or the procurement documents in a timely manner even though it had the opportunity.

A request for compensation of damage may be filed with the Review Committee within one year from the award of a public contract. A request for compensation of damage is reviewed by the Review Committee within a reasonable time; in other respects, the provisions regulating the reviewing of a request for review are applied to the hearing of a request for compensation of damage.

Requirements for request for review and request for compensation of damage
A request for review is filed with the Review Committee in writing and it must contain the following data and documents:
1) names, addresses and contact details of all the parties to the proceedings known to the requester;
2) subject-matter of the request for review, including the claim and ground thereof;
3) details on the contested decision or procurement documents;
4) facts supporting the request for review;
5) evidence at the disposal of the requester, which prove the circumstances alleged by the requester, and indication of what fact is being proven with each particular piece of evidence;
6) date when the requester learned of the contested decision or procurement document;
7) indication of whether the requester wishes the matter to be heard at a court hearing or by way of written procedure;
8) list of documents enclosed with the request for review, including details on payment of the state fee and, where necessary, a power of attorney proving the right of representation.
A request for compensation of damage must, in addition to the aforementioned information, also contain the amount of compensation and the circumstances serving as the basis for establishing it.
The following can be sought by a request for review:
1) partial or full annulment of a decision of the contracting authority or entity;
2) obligating the contracting authority or entity to bring the procurement documents into compliance with legislation.
A request for compensation of damage may seek compensation for damage suffered as a result of an unlawful decision of the contracting authority or entity or procurement documents.
The requester encloses with its request for review the information at their disposal on the public procurement in connection with which the request is filed, unless the respective information is available to the Review Committee in the register or in another manner by electronic means.
The request for review and documents enclosed therewith are submitted in Estonian.

State fees

 

According to section 186 of the Public Procurement Act, upon filing a request for review and a request for compensation of damage with the Review Committee, a state fee is paid in accordance with the State Fees Act (SFA). A state fee in the following amounts shall be paid upon the submission of a request for review (section 258 of the SFA):


640 euros if the estimated value of a public procurement is below the international threshold;
1280 euros if the estimated value of a public procurement equals or exceeds the international threshold.


A state fee upon the submission of a request for compensation of damage shall be paid according to the rate provided in subsection 60 (2) of the SFA.

State fee shall be transferred to the bank account of the Ministry of the Finance:
1. SEB – a/c 10220034796011 (IBAN EE 89 1010 2200 3479 6011) or
2. Swedbank – a/c 221023778606 (IBAN EE93 2200 2210 2377 8606) or
3. Danske Bank A/S Estonia – a/c 333416110002 (IBAN EE 40 3300 3334 1611 0002) or
4. Nordea Bank Finland PLC Estonia – a/c 17001577198 (IBAN EE 701 7000 1700 1577 198).

The payment order must specify the state fee reference number: 2900082126.

The Review Committee may, based on a reasoned request of the requester, make a decision to suspend the public procurement at any stage of the review proceedings, taking account of the possible consequences of the suspension to all interests that might be harmed.
The Review Committee hears a request for review either based on submitted documents in a written procedure or holds a public hearing of the request for review with the participation of the parties to the proceedings if the Review Committee considers it necessary for adjudication of the request or if the requester and the contracting authority or entity both demand it.

 

Filing of a complaint in public procurement related to state secrets or classified information of foreign statesuse ja salastatud välisteabega seotud hankeasjades kaebuse esitamine


In public procurement related to state secrets or classified information of foreign states, a tenderer, candidate or economic operator interested in participating in public procurement may file a complaint with the administrative court against the activity of the contracting authority or entity.
 

 

 

Last updated: 19 June 2018