Request for protection of rights disputing the type of procedure, contents of the invitation to submit bids or of tender documents is deemed timely if contracting authority received it on the seventh and/or third day before the expiry of the deadline for submission of bids, but the day to submit bids does not come within the deadline of seven and/or three days in accordance with Article 90 Paragraph 2 of Law on General Administrative Proceedings.

Explanation:

Article 149 Paragraph 3 of Public Procurement Law (“Official Gazette of Republic of Serbia” no. 124/12; hereinafter: PPL) prescribes that request for protection of rights challenging the type of procedure, the contents of the invitation to submit bids or of the tender documents shall be deemed timely if received by contracting authority no later than seven days before the expiry of the deadline for submission of bids, and in low-value public procurement procedure and in qualification procedure, if it is received no later than three days before the expiry of the deadline for submission of bids, regardless of the manner of delivery.

Article 94 Paragraph 2 of PPL prescribes that setting of the deadline for submission of bids means the setting of date and hour up to which the bids may be submitted.

Article 148 Paragraph 6 of PPL prescribes that the provisions of the law governing administrative proceedings shall apply to the issues of the protection of rights not defined by this Law.

Taking into consideration Article 90 Paragraph 2 of Law on General Administrative Proceedings (“Official Gazette of Republic of Federal Republic of Yugoslavia” no. 39/1997 and 31/2001, “Official Gazette of Republic of Serbia” no. 30/2010, hereinafter: LGAP), last day to submit the bids does not count as part of the deadline established by Article 149 Paragraph 3 of PPL, but this deadline begins on the first day preceding it.

Prescribed deadline of seven, and/or three days before the expiry of deadline for submission of bids expires during the seventh, and/or third day before the expiry of the deadline for submission of bids.

In accordance with Article 91 Paragraph 1 of LGAP beginning and course of the deadline for submission of request for protection of rights does not get delayed by Sundays and state holidays.

Also, if the last day of this deadline of seven, and/or three days falls on Sunday or state holiday, or on some other day when institution before which the action is to be initiated does not work, deadline expires on the next working day of the contracting authority, in accordance with Article 91 Paragraph 2 of LGAP.