Appeal Against Contracting Authority’s Procedural Decision

//Appeal Against Contracting Authority’s Procedural Decision
Appeal Against Contracting Authority’s Procedural Decision2022-06-22T14:31:17+00:00

Appeal challenging contracting authority’s decision taken pursuant to Article 219, Paragraphs 3-6 of the PPL rejecting the PoR request is adjudicated by the Republic Commission.

Contracting authority takes procedural decision rejecting PoR request where it finds, in the preliminary verification, that the procedural assumptions provided for by the PPL have not been met so to allow for deciding on the merits of PoR request, that is, where it establishes that:

      – the request does not contain evidence of the paid fee under Article 225 of the PPL, from which may be inferred that relevant transaction was made in the proper amount under Article 225 of the PPL and that it referred to relevant PoR request;

      – that the PoR request was filed by a person lacking legal standing to complain, or belatedly;

      – that the complainant failed to comply with contracting authority’s notice to supplement their PoR request, or failed to supplement it within the deadline under Article 219, Paragraph 2, of the PPL (where contracting authority in the preliminary verification establishes that PoR request does not have the content provided for under Article 217, Paragraph 1, of the PPL and that this prevents further proceedings upon request at hand, it has to summon without delay the complainant to supplement request within three working days);

      – that complainant with permanent or temporary residence or business seat abroad, in the PoR request failed to name the proxy for the receipt of submission in the Republic of Serbia with all necessary data for communication with the designated person;

      – that the content of PoR request, filed on behalf of the complainant by a proxy who is an attorney, contains deficiencies that prevent further proceeding.

Appeal challenging contracting authority’s decision under Article 219, Paragraphs 3-6 of the PPL may be submitted either electronically via the PP Portal, when this information system will deliver it at the same time to both the Republic Commission and contracting authority, or it may be submitted in writing and delivered directly at the reception office of the Administration for Joint Services of Republic Bodies or by mail in accordance with the positive law, when complainant files the appeal to the Republic Commission and is obliged to deliver a copy to contracting authority at the same time.

Upon receiving a copy of the appeal, contracting authority is obliged to deliver, within three days, directly at the reception office of the Administration for Joint Services of Republic Bodies or by mail in accordance with the positive law, the complete documentation on the PP procedure at hand to the Republic Commission to decide on the appeal, since the Republic Commission decides on the appeal against the contracting authority’s decision under Article 219, Paragraphs 3-6 of the PPL within 8 days from the day of receipt of the complete documentation needed to establish the state of facts and to take decision.

The Republic Commission, while deciding on the appeal challenging contracting authority’s decision under Article 219, Paragraphs 3-6 of the PPL, will issue decision by which it:

  • rejects the appeal against contracting authority’s decision, in accordance with the provisions of this law
  • endorses the appeal as founded and annuls decision of the contracting authority, or
  • refuses the appeal as unfounded and upholds decision taken by the contracting authority.

The Republic Commission will take a procedural decision and terminate the procedure on the basis of the written notice on waiver of the appeal, before it has taken a decision on merits.