Complaint against the CNSC decision. The unacceptable nature of the tender determined by the transmission of the documents requested by the contracting authority beyond the established deadline.

DREPT ADMINISTRATIV ŞI FISCAL

Abstract

The transmission of the documentation regarding the extension of the offer and the validity of the tender participation guarantee, in SEAP, with extended electronic signature, after the deadline specified by the contracting authority triggers the unacceptability of the offer, and a possible extension of the term allowed by the contracting authority on account that the SEAP system was not functional cannot be accepted, as it would flagrantly violate the principles of non-discrimination and equal treatment. 
If the contracting authority did not establish another method of communication and transmission of data than publication in the SEAP, which should otherwise have been notified to all tenderers, claimant’s transmission of documents by e-mail, fax, express courier cannot be considered valid.