The applicants are made aware of the legal meaning of § 160, para. 3 of the German Act Against Restraints of Competition, particularly its no. 4.
§ 160 Introduction, Application
(1) The public procurement tribunal shall initiate review procedures only upon application.
(2) Every undertaking which has an interest in the contract and claims that its rights under § 97 para. 7 were violated by non-compliance with the provisions governing the awarding of public contracts has the right to file an application. In doing so, it must be shown that the undertaking has suffered a loss, or may be about to suffer a loss, in consequence of the alleged violation of provisions governing the awarding of public contracts.
(3) The application is inadmissible, if
1. the applicant became aware of the violation of provisions governing the awarding of public contracts during the award procedure and did not object to the contracting entity without undue delay.
2. violations of provisions governing the awarding of public contracts which become apparent from the tender notice are not notified to the contracting entity by the end of the period specified in the notice for the submission of a tender or application.
3. violations of provisions governing the awarding of public contracts which only become apparent from the award documents are not notified to the contracting entity by the end of the period specified in the notice for the submission of a tender or application.
4. more than 15 calendar days have expired since receipt of notification from the contracting entity that it is unwilling to redress the complaint.
Sentence 1 shall not apply to an application under § 101b (1) no. 2 to have the award contract declared ineffective. § 101a para. 1 sentence 2 shall remain unaffected.