Violation of the terms and conditions. If the tender board or the awarding body has not respected the criteria and requirements established in the tender documents.
Lack of transparency and equal treatment. When equal opportunities have not been guaranteed to all bidders, or the award decision has not been adequately justified.
Errors in the evaluation of bids. If significant errors are detected in applying the evaluation criteria or in weighing the submitted bids.
Conflict of interest. In cases where a member of the contracting body has a personal or professional interest that could influence the decision.
Award to a bid that does not meet the requirements. If the awarded company does not meet the technical, professional, or economic solvency conditions required in the tender documents.
Ways to Challenge an Award
If you believe there is a solid basis to challenge the award of a tender, you have different legal avenues to do so:
Administrative appeal. In many cases, the first option is to file an administrative appeal with the contracting body itself or with a higher hierarchical body. The deadlines for filing this type of appeal are usually short, so it's crucial to act quickly.
Contentious-administrative appeal. If the administrative appeal is unsuccessful, or if regulations directly allow it, you can resort to judicial proceedings by filing a contentious-administrative appeal before the courts.
Special review procedures. In some areas, such as public sector contracting, there are special review procedures before independent bodies that offer a more agile way to resolve disputes.
The Importance of Legal Advice
Challenging the award of a tender is a complex process that requires the help of a law firm specializing in public procurement. At LVG Legal, we will analyze the viability of your claim, prepare the necessary documentation, choose the most appropriate course of action, and effectively defend your interests. Don't hesitate to consult us if you find yourself in this situation.