Public procurement complaint. Challenge of the result of the selection procedure. Omission of the excluded economic operator to request clarifications. Consequences

DREPT ADMINISTRATIV ŞI FISCAL

Abstract

According to art. 160 of Law no. 98/2006 any concerned operator may request clarifications from the contracting authority, for the purpose of clarifying whether it was possible to participate in the procurement procedure with transportation means, included in other transport programs on the date of participation in the procedure, however, the appellant did not understand to use the respective procedure. Under the circumstances in which the 
appellant did not request any clarifications as regards the award documentation within the deadline provided for by law, it cannot rely on any alleged deficiencies of the award documentation subsequently to submission of bids. Once the award documentation becomes final by expiry of the time limit of the complaint with the National Council for Solving Complaints (C.N.S.C.), it should be observed by all bidders participating in the public procurement procedure.