Section 160
Initiation of the Proceedings, Application
(1) The public procurement tribunal shall initiate review proceedings only upon application.
(2) Every undertaking that has an interest in the public contract or the concession and claims that its rights under Section 97(6) have been violated by non-compliance with the provisions governing the awarding of public contracts has the right to file an application. In doing so, the undertaking must show that it has been or risks being harmed by the alleged violation of public procurement provisions.
(3) The application is inadmissible if
1. the applicant became aware of the claimed violation of public procurement provisions before filing the application for review, but did not complain to the contracting authority within a time limit of 10 calendar days; the expiry of the time limit under Section 134(2) remains unaffected,
2. violations of public procurement provisions which become apparent from the tender notice are not notified to the contracting authority by the end of the time limit for the application or the submission of a tender specified in the notice,
3. violations of public procurement provisions which only become apparent from the procurement documents are not notified to the contracting authority by the end of the time limit for the application or the submission of a tender specified in the notice,
4. more than 15 calendar days have expired since receipt of notification from the contracting entity that it is unwilling to redress the objection.
Sentence 1 shall not apply to an application under Section 135(1) no 2 to have the contract declared ineffective. Section 134(1) sentence 2 shall remain unaffected.