Special issues regarding the period to initiate the challenge against the documents issued within the public procurement procedure

DEZBATERI

Abstract

The time limit for filing the challenge against a document of the contracting authority by the person who is deemed as injured due to its adoption, shall include nuances, as in practice there are difficulties to establish the moment from which it begins to run, or even the moment when it is deemed as expired. Closely related to these circumstances, there is also the question of existence or not of the interest, as an essential condition for filing any legal action, therefore, including the challenge set forth in art. 8 para. 1 of Law no. 101/2016 as regards the tenderer declared to be successful, by which the decision of declaration of the admissibility of the unsuccessful bid is challenged. 

Keywords: public procurement; contracting authority; challenge; injured person; challenging period; calculation of the time limit