The buyer's decisions can be appealed before the Commission for Protection of Competition (CPC), and its decisions before the Supreme Administrative Court. It is a tool bidders often do not use because they think it is long and expensive. Sometimes it is, sometimes it is the only way to protect a real opportunity.
What can be appealed
- the decision to open the procedure and the terms in the documents – for example a discriminatory requirement that artificially narrows the circle of bidders;
- the ranking or exclusion decision;
- the decision to terminate the procedure;
- actions or omissions of the buyer that hinder participation.
The terms in the documents are appealed within a deadline from their publication, not after you have lost. If a requirement stops you, react at the start.
Deadline
The appeal is filed within a short time of receiving the decision or of its publication – the law sets the number of days. The deadline is final: after it the appeal is not considered. Your decision should be taken in the first two or three days to leave time for preparation.
What the proceedings look like
The appeal is filed with the CPC with a copy to the buyer and contains the contested decision, the breaches you allege and the evidence. A state fee is charged, set according to the value of the tender. The buyer submits its opinion and the file. At your request the CPC may suspend the procedure if it finds grounds. It rules within weeks, and its decision may be appealed before the Supreme Administrative Court.
When it is worth it
- You were excluded on a formal ground that you believe is wrong – for example the committee read a requirement differently from its text.
- The bidder ranked above you does not meet a requirement that is visible from the public documents.
- The documents contain a condition that only one company can meet.
When it is not worth it
- The difference lies in the committee's subjective assessment of a quality indicator, without a visible breach of the method.
- The appeal would win you time but not the contract.
- The relationship with the buyer is worth more than the specific tender.
Before you file
Read the committee's minutes – the reasons are there. Compare them with the documents word by word. Ask for access to the ranked bidder's bid in the part that is not a trade secret. And consult a lawyer who has handled cases under the Public Procurement Act: the deadline is short, and a well-worded appeal is half the success.
The article is general information, not legal advice.
Updated on 1 Oct 2026. The article is general information, not legal advice.
