Tarkat tiedot uudelleentarkastelumenettelyjen määräajasta (määräajoista)
I INSTRUCTIONS FOR RECTIFICATION
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).
Deadline for filing a claim for rectification of procurement
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).
When electronic means are used, candidates and tenderers are deemed to have received notice of the decision and its attachments on the day when the electronic document concerning the case became available to the recipients of the message on their reception devices in a form in which the electronic message can be processed. Such a time shall be considered the date of dispatching the message, in the absence of a reliable explanation of an electronic communications failure or other corresponding factor that caused the electronic message to reach the recipient at a later time.
If the notice is served by means of a letter sent by post, the recipient will be deemed to have received notice of the decision on the seventh day following its dispatch, unless the recipient shows that service of process was effected at a later time. When the notice is served in a verifiable manner, the recipient shall be deemed to have been notified on the day shown in the proof of delivery or advice of receipt.
Contents of a claim for rectification of procurement
A claim for rectification of procurement should include the claims and their justifications. The claim should indicate the name of the party filing the claim and the contact details required to deal with the matter.
The documents to which the party filing the claim wishes to make appeal should be attached to the claim, unless they already are in the Contracting Entity's possession.
Address
A claim for rectification of procurement should be submitted to the Contracting Entity.
Contracting Entity contact details:
Ministry of Economic Affairs and Employment of Finland
P.O. BOX 32
00023 Valtioneuvosto, Finland
kirjaamo.tem@gov.fi
II INSTRUCTIONS FOR APPEALING TO THE MARKET COURT
Subject of review and restrictions
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.
No appeal may be filed with the Market Court in respect of a decision made by the Contracting Entity that concerns:
1) solely the preparation of a procurement procedure;
2) a failure to divide a procurement contract into lots pursuant to section 75; or
3) use of the lowest price or costs alone as the criterion for determining the most economically advantageous tender referred to in section 93.
A procurement based on a framework agreement referred to in section 42 of the Act on Public Procurement or a resolution of a contracting entity concerning approval of a dynamic purchasing system referred to in section 51 shall not be open to review by appeal unless the Market Court grants leave to hear the case.
Leave shall be granted if:
1) a hearing of the case is important for application of the law in other similar cases; or
2) there is some pressing reason for doing so, related to the procedure of the Contracting Entity.
Appeal period
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 six 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.
If a Contracting Entity has submitted a notice for publication in the Official Journal of the European Union concerning a direct procurement referred to in section 131 or a contractual amendment referred to in point 9 of subsection 1 of section 58, then the appeal shall be filed within 14 days of the date of publishing the notice.
If this notice has not been published, then an appeal concerning a direct procurement shall be filed:
1) within 30 days of the date when a contract award notice concerning the direct procurement was published in the Official Journal of the European Union; or
2) within six months of the date of concluding the procurement contract.
Submitting the appeal
The appeal should be submitted to the Market Court. The appeal should reach the Market Court by the last day of the appeal period during office hours. The opening hours of the Market Court Registry are 8.00 –16.15. The actual day of notice will not be included in this period.