1. Request for redress

As a tenderer, candidate, participant or entity whose rights or interests protected by law have been or may have been affected, you have the right to request redress regarding:

• a notice of intention to award a contract or a concession contract, the criteria set out in the contract notice, notice used as a call for competition, concession notice, design contest notice and in a call for tenders for below-threshold contracts;
• the criteria specified in the tender dossier, concession documentation, selection criteria or in other documents provided by the contracting authority/entity within the time limit to submit tenders or proposals.

A request for redress should include:

• identification data of the applicant;
• identification data of the controlled entity;
• indication of the public procurement which the request for redress concerns;
• indication of the violation, i.e. what the request for redress concerns (conditions stipulated in the notice, tender dossier, etc.);
• the description of the relevant facts and indication of means of proof;
• the applicant’s proposal as to how to resolve the request for redress;
• the signature of the applicant or a person authorised to act on behalf of the applicant.

Time limits for the delivery of a request for redress:

• within 10 days from publication of the notice in the EU Journal, for above-threshold contracts and if the request for redress concerns the intention to conclude a contract or concession contract, or if the request for redress concerns the conditions set out in the notice;
• within 10 days from publication of the invitation to tender in the Journal, for below-threshold contracts without using the electronic marketplace and if the request for redress concerns conditions stipulated in the invitation to tender;
• within 10 days from receiving the tender dossier, concession documentation, selection criteria or other documents provided by the controlled entity within the time limit to submit tenders or proposals, if the request for redress concerns conditions stipulated in these documents; no later than within 10 days from the expiry of the time limit to submit tenders or proposals.

The request for redress should be actually delivered to the controlled entity within the time limits specified above, and it is not sufficient to post it on the last day of the time limit. A request for redress should be delivered in paper form, by fax or electronically.

More information is available on the website How to lodge a complaint (information is available only in Slovak).

2. Procedure for examining actions taken by the controlled entity based on a complaint

In general, the lodging of a complaint must be preceded by a request for submitted to the controlled entity.

As a tenderer, candidate, participant or entity that considers that the entity’s rights or interests protected by law have been affected, you have the right to lodge a complaint regarding:

a)    a notice of intention to award a contract or a concession contract, the criteria set out in the contract notice, notice used as a call for
       competition, concession notice, design contest notice and in a call for tenders for below-threshold contracts;
b)    the criteria specified in the tender dossier, concession documentation, selection criteria or in other documents provided by the
       controlled entity within the time limit to submit tenders or proposals;
c)    the selection of candidates in a restricted procedure, negotiated procedure with prior publication, competitive dialogue, innovative
       partnership, concession or design contest award;
d)    exclusion;
e)    failure to meet the criteria for inclusion in the dynamic purchase system or the qualification system;
f)    evaluation of tenders or proposals;
g)    action taken by the controlled entity other than the ones listed under (a)-(f) – e.g. cancellation of the competition by the controlled
       entity.

It is only possible to lodge a complaint before conclusion of a contract, concession contract or framework agreement, before completion of a design contest, before awarding a contract based on a framework agreement or before completion of an innovative partnership procedure.

Time limits for submitting complaints to the Office and to the controlled entity:

• within 10 days of delivery of the written notification of the outcome of the request for redress or written notification of rejection of the request for redress, if the controlled entity submitted to the applicant a notification on the outcome of the request for redress or notification of rejection of the request within the legal time limit;
• within 10 days of the expiry of the time limit for the delivery of a written notification of the outcome of the request for redress or written notification of rejection of the request for redress, if the controlled entity failed to fulfil the obligation to deliver the notifications within the legal time limit;
• within 10 days of receiving a notification on the outcome of the selection of candidates, if the complaint concerns the selection;
• within 10 days of receiving a notification on exclusion, if the complaint concerns the exclusion;
• within 10 days of receiving the notification on non-inclusion in the dynamic purchase system or the qualification system, if the complaint concerns such non-inclusion;
• within 10 days of receiving a notification on the outcome of tender and proposal evaluation, if the complaint concerns the evaluation outcome;
• within 10 days of the date on which the controlled entity took the action, if the complaint concerns an action taken by the controlled entity other than those listed under (a)-(f).

Complaints can be lodged in paper or electronic form.

More information is available on the website How to lodge a complaint (information is available only in Slovak).

Lodging a complaint is subject to paying a deposit to the Office. More information on how to pay a deposit for lodging a complaint (information is available only in Slovak).

3. Procedure for examining actions taken by the controlled entity based on motions other than a complaint

The Office reviews actions taken by the controlled entity in public procurement also based on motions other than a complaint. The procedure for examining actions taken by the controlled entity based on motions other than a complaint is conducted before and after the conclusion of a contract, as well as after the cancellation of a contract award procedure.

The following entities are eligible to submit a motion to initiate a procedure for examining actions taken by the controlled entity based on motions other than a complaint:

1)    Before the conclusion of a contract:

• the Office;
• the controlled entity for the purpose of reviewing a contract or concession to be awarded by the entity;
• the Cabinet Office.

2)    After the conclusion of a contract or after the cancellation of the applied procedure:

• the Office;
• an entity not eligible to lodge complaints;
• a competent general government body.

For above-threshold contracts or concessions, financed even in part from European Union funds, the controlled entity is obliged to submit a motion to the Office to conduct an inspection of the contract or concession to be awarded.

More information on how a controlled entity should lodge a motion for the inspection of a contract or concession to be awarded by the entity is available on the website Procedure to be controlled when lodging a complaint (information is available only in Slovak).

4. Appeal

An appeal may be filed against a decision of the Office within 10 days from the date of delivery of the Office’s decision, with the exception of a decision to discontinue the proceedings. An appeal may be filed against a decision on complaints, as well as against a decision issued in a procedure for examining actions taken by the controlled entity before and after the conclusion of the contract.

When filing an appeal, the party to the proceedings is obliged to pay a deposit to the Office’s account; this obligation does not apply to filing an appeal if the Office has not issued a decision in the proceedings within the time limit, or if the appeal is filed by a general government body which has a legal interest in the case, if the controlled entity received European Union funds for the supply of goods, performance of works or provision of services.

The Office’s Board is competent to decide on an appeal and this examines the contested decision in its entirety; if necessary, it will supplement the existing procedure or eliminate the detected shortcomings. The Board always decides on the facts of the appeal proceedings, and if there are grounds for doing so, the Board will amend the decision, or, otherwise, dismiss the appeal and uphold the decision.

The Board has 45 days from the receipt of the appeal to adopt a decision.

For more information on how to submit an appeal, see Appeals on the website (the website is available only in Slovak).

Useful links:

• Office for Public Procurement