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last updated: 28th July 2011

The current position in terms of possible actions should a complaint be received during and after a tender process:

Before award of contract

  • suspension of the award procedure
  • suspension of implementation of decision or action
  • set aside
  • amendment of the documentation
  • award of damages
     

After award of contract

  • award of damages (nationally)
  • ineffectiveness leading to either the prospective cancelation of the contract and a civil financial penalty (a fine) levied on the contracting authority or the contract shortened and/or a civil financial penalty levied **
     

Standstill period
Following a ruling by the European Court of Justice in the Alcatel case, there is a requirement to have a mandatory standstill period between the contract award decision and the actual contract award. Taking the date of issue of the last notification, this period must be a minimum of

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