The competent reviewing authority is
Vergabekammer des Bundes [transl.: Federal Public Procurement Tribu-nal]
Villemombler Straße 76
53123 Bonn
Tel.: 0228 9499-0
Fax: 0228 9499-163
Email: vk@bundeskartellamt.bund.de
Website: http://www.bundeskartellamt.de/SharedDocs/Kontaktdaten/DE/Vergabekammern.html
Candidate/ Bidder is requested to clearly identify those sections of the tender that contain a trade or business secret. If Bidder fails to do so, the Public Pro-curement Tribunal may, in the case of a review procedure, assume that Bidder has agreed to have these documents inspected (§165 para. 3 GWB). As Awarding Authority, FAIR is obliged to make the tender file available to the Public Procure-ment Tribunal immediately when initiating a review procedure (§ 163 para. 2 cl. 3 GWB).
Candidates/ Bidders have a right to expect the contracting authority's compliance with the Bidder-protecting provisions re: the tender procedure (§ 97 para. 6 GWB). If Candidate/ Bidder interested in the contract considers that Bidder's rights have been infringed through failure to comply with award regulations, the infringement must be reported to FAIR within ten calendar days (§ 160 para. 3 cl. 1 no. 1 GWB).
Infringements identifiable on the basis of the announcement or the award doc-uments must be asserted against FAIR within the deadline for submission of ten-ders specified in the announcement (§ 160 para. 3 cl. 1 nr. 2 - 3 GWB).
If FAIR informs Candidate/ Bidder that FAIR is unwilling to redress its complaint, it is possible to file an appeal for review with the aforementioned Public Procure-ment Tribunal within 15 days of receipt of the notification (§ 160 para. 3 cl. 1 no. 4 GWB).
Bidders whose tenders are not to be considered for the award will be informed prior to the award according to § 134 GWB. A contract may only be concluded 15 calendar days after this information has been sent by FAIR. In the case of trans-mission by fax or electronic means, this period shall be ten calendar days. It commences on the day after dispatch of the information by FAIR. After this peri-od has expired, a surcharge is possible, even if the deadline is not passed accord-ing to § 160 para. 3 GWB. An application for review would therefore have to be delivered to FAIR by the Public Procurement Tribunal before the expiry of the deadline according to § 134 GWB in order to prevent a surcharge.
According to § 135 para. 1 and 2 GWB, the ineffectiveness of a commission can only be established if it has been asserted in the review procedure within 30 cal-endar days of the conclusion of the contract but not later than six months after the conclusion of the contract. If the contracting entity has published the award in Amtsblatt der Europäischen Union [transl.: Official Journal of the European Union], the period unenforceability shall end 30 calendar days after announce-ment of the publication of the award in the Amtsblatt der Europäischen Union.
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