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Public Tenders
Basic Questions
What is a Public Tender?
A Public Tender is the process throughout the Greek State agencies request from economic operators the supply of goods and services as well as the implementation of public projects. Based on Greek law, there are four types of Public Tenders :
(a) Public Procurement Tenders : "Public procurement contracts" and "procurement contracts" mean contracts for the purchase, leasing, leasing or lease-sale, with or without the right to purchase, of products.
(b) Public Service Tenders : "Public service contracts" and "service contracts" mean contracts whose object is the provision of services, except for those mentioned in the case of public works contracts and project contracts.
(c) Public Tenders for public works : "Public works contracts" and "works contracts" mean contracts that have as their object, one of the following: the execution or simultaneously the study and the execution of works, the execution or simultaneously the study and the execution of a project and the implementation, by any means, of a project that meets the requirements set by the contracting authority/contracting body that has a decisive influence on the type or study of the project.
(d) Mixed Public Tenders : According to art. 4 of Law 4412/2016, mixed public tenders are defined as tenders that have as their object two or more types of contracts (projects, services or supplies).
What is the procedure followed?
A Public Tender is initially published by the Contracting Authority. The publication must state in detail the procedure’s type, as well as the criteria and the manner of conducting the tender, which may differ based on Law 4412/2016 and the new amendments by Law 4782/2021. After it has been established that the interested party meets the conditions required in order to participate in the Competition (as these conditions are defined in the specifications of the post), then follows the file’s preparation with the submitted supporting documents and the completion of the special EEES form. After the closing date for the bid’s submission, the evaluation of bids begins on the basis of the rules of the tender and then the decision is issued by which bids are approved or rejected and the project/contract is awarded.
What are the remedies that the Law provides for a rejection decision?
Participants who are affected in any way by the decisions of the Contracting Authority, have the possibility to challenge the decision by filing an appeal within a period of 10 days from the decision’s publication. In case the Tender claims an amount of more than 30,000 euros, the interested party may file a preliminary appeal before the Unified Authority for Public Contracts, whose decision can also be challenged by an application for annulment before the competent authority Administrative Court.
Our Law Office “Konstantinos Darivas & Associates”, having many years of experience in matters of Public Tenders offering legal services to Greek and foreign companies of various branches that participate in public tender procedures, provides a full range of legal and consulting services, undertaking the Tender’s close monitoring, the processing of all the relevant procedures as well as the legal representation, from the stage of Tender’s announcement to the stage of awarding and fulfilling the Public Contract.
Our purpose is to ensure and protect our client’s legal interests vis-à-vis the other participants, with the ultimate goal of his emergence as the highest bidder. In any case, our office has specialized partners in drafting appeals and interventions before the Authority for the Examination of Pre-Trial Appeals, as well as legal support before the competent administrative courts, ensuring the review of any negative decision of the Contracting Authority and the achievement of the positive outcome of the case.
You can turn to us for consulting services in any matter related to Public Tenders and in particular:
- Consulting services in anyh stage: from the Public Τender’s announcement to the award stage
- Control of the Tender notice
- Collection of supporting documents
- Collaboration with economic and technical consultants for preparation and submission of a technical and financial offer
- Consulting services during the signing and execution of the Public Contract
- Issuance of certificates / translations and certifications of documents
- Drafting and signing affidavits
- Preparation of a preliminary appeal before the Authority for the Examination of Pre-Trial Appeals upon the announcement or condition thereof, the rejection of the appealing principal, the non-rejection of competitors' offer and the rating appealing to the principal or competitor
- Drafting a pre-trial intervention before the Authority for the Examination of Pre-Trial Appeals during the pre-trial appeal filed by the third competitors
- Preparation of a request for suspension and a request for cancellation and full legal representation before the Competent Administrative Court of Appeal