Preliminary dispute settlement
1. The following entities may initiate the preliminary dispute settlement:
- the tenderer or the candidate, within 3 business days after having knowledge of the unlawful event, if it considers that the written summary or any procedural act of the contracting authority or any other document made during the procurement procedure, except for those listed in point (b), is partly or completely unlawful;
- any interested economic operator or the chamber or the organization for the representation of interests having an activity related to the subject-matter of procurement (for the purposes of this Article, hereinafter jointly referred to as ‘applicant’)
(ba) not later than ten days before the expiry of the time limit to submit tenders or to participate, in accelerated procedures or negotiated procedures without prior publication of a contract notice until the expiry of these time limits,
(bb) in the prior information notice announcing a restricted procedure or negotiated procedure by the time limit for the indication of interest,
if he considers that the notice launching or announcing the procedure, the procurement documents accessible together with the notice or the modification thereof is partly or completelyunlawful.
2. The applicant shall state in his application to the contracting authority (hereinafter referred to as ‘preliminary dispute settlement application’) the points of the written summary or other document, or procedural action deemed unlawful, furthermore, his recommendations, remarks, and the data and facts supporting his opinion and he shall also refer to the documents, if any, supporting such data and facts.
3. The preliminary dispute settlement application shall be dispatched to the contracting authority by fax or electronic means, and the contracting authority shall inform the applicant for settlement about its standpoint regarding the application not later than three days after reception of the application by the same means as that of the submission, furthermore, the contracting authority shall inform all tenderers or candidates, known to it, participating in the procedure about the submission of the preliminary dispute settlement application and his answer thereto.
4. Where the infringement committed in the procedure is remediable through those procedural acts, the contracting authority may require – on not more than one occasion, not later than three business days after the reception of the preliminary dispute settlement application – the tenderers or candidates to supply missing information (Article 71), to provide information (Article 71) or an explanation (Article 72), setting a time limit of three business days, even if the procedural rules would not allow to do so. In this case the contracting authority shall inform the applicant for settlement and the tenderers or candidates about the submission of the application for preliminary dispute settlement on the date of dispatch of the request for the supply of missing information or the provision of information or explanation, and he shall inform these entities, by fax or electronic means, about his answer to the application not later than seven business days after reception of the application.
5. If a tenderer has submitted a preliminary dispute settlement application in connection with a procedural act done, document made following the opening of tenders within the time limit pursuant to paragraph 1 and in compliance with paragraph 2, the contracting authority may not conclude the contract, if division into lots was possible, he shall not conclude the contract on the lot concerned, before the end of a period of ten days from the date of submission of the application, following the date of dispatch of its reply, even if the standstill period would otherwise expire until that date.