Tarkat tiedot uudelleentarkastelumenettelyjen määräajasta (määräajoista)
Under the Act on Public Procurement and Concession Contracts (1397/2016, later referred to as the Act on Public Procurement), a claim for rectification of procurement may be filed with the contracting authority concerning decisions on a public procurement or other decisions related to a procurement procedure. The matter may also be appealed to the Market Court if the value of the procurement exceeds the threshold value stated in section 25 of the Act on Public Procurement.
Under sections 133-135 of the Public Procurement Act, anyone who is unhappy with a decision of the contracting entity or some other decision made as part of a procurement procedure may file a written claim for rectification of procurement with the contracting entity. A claim for rectification of procurement may be filed by a tenderer who participated in a competitive tendering process or a candidate who submitted a request to participate; in other words, a party whose rights, obligations or interests are directly affected by the decision (a concerned party).
A concerned party should file a claim for rectification of procurement no later than 14 days after receiving notice of the decision made by the contracting entity or some other decision that is part of the procurement procedure. The claim must be submitted no later than the last day of the time limit before the end of the workday (16.15).
An appeal may be filed before the market court against a decision made by the contracting entity or some other decision made by the contracting entity as part of the procurement procedure referred to in the Act on Public Procurement that may influence the status of a candidate or a tenderer.
Unless otherwise provided, an appeal shall be submitted in writing within 14 days of the date on which the concerned party received notice of the procurement decision together with the instructions for appeal.
If, following the procurement decision, a contracting entity has made a procurement agreement or concession contract pursuant to point 1 or 3 of section 130 without observing the standstill period, then the appeal shall be filed within 30 days of the date when the tenderer received notice of the decision.
An appeal shall be submitted no later than 6 months after the procurement decision is made in the event that the candidate or tenderer has received notice of the procurement decision together with the instructions for appeal and the procurement decision or the instructions for appeal were essentially defective.
Market Court
Radanrakentajantie 5, FI-00520 Helsinki
Tel. +358 29 22 791 43300; fax: +358 29 56 43314
e-mail:
markkinaoikeus@oikeus.fi
Proceedings in the Market Court are subject to a court fee under the Act on Court Fees (1455/2015). The amount of the fee is EUR 2 050. In public procurement cases heard by the Market Court involving a contract worth at least EUR one million, the amount of the fee payable is EUR 4,100. A fee of EUR 6 140 is charged for cases involving a contract worth at least 10 million euros.
For private persons, the fee is EUR 510.