Which Decisions Can Be Appealed to the Procurement Disputes Council
The Georgian Law on State Procurement gives tender participants and aspiring participants an effective appeal mechanism. Under Article 23-1, an aspiring participant, candidate or supplier has the right to appeal to the Procurement Disputes Council a decision or action of the contracting organization or tender commission related to the carrying out of a state procurement. Both an aspiring participant and a candidate may appeal where the complaint concerns the tender announcement and documentation, or any other decision taken before the start of the receipt of proposals; decisions taken after the start of receipt of proposals may be appealed only by a candidate. In simplified procurement, a person registered in the electronic system with supplier status may appeal where the value of the procurement equals or exceeds the monetary thresholds set by European Union directives and the complaint concerns a decision related to the conclusion of a contract. Not appealable are the choice of the procurement means and method, the award of a simplified procurement contract below the EU thresholds, and the suspension of the procurement procedure in the event of an appeal.
Deadlines and Procedure for Filing
Under Article 23-7, the deadlines depend on the type of decision. A decision related to the tender announcement or documentation may be appealed before the start of the receipt of proposals. Any other decision may be appealed no later than 10 days after its upload in the unified electronic system, and an action no later than 10 days after it was carried out, but in either case only before the conclusion of the contract. A decision in simplified procurement may be appealed no later than 10 days after its upload in the relevant module. The complaint is submitted to the Council electronically through the unified electronic system of state procurement, its form and manner being determined by the Council's rules of procedure. Within no later than 2 working days of submission, the Council examines admissibility. The complaint is declared inadmissible if filed by an unauthorized person, if the deadline has expired or a contract has already been concluded, if an identical case between the same parties is already pending before the Council or a court, or if the matter falls within the jurisdiction of the courts. If the complaint does not meet formal requirements but no ground for inadmissibility exists, the Council grants the complainant 1 working day to clarify it; otherwise it is automatically declared inadmissible. Once a complaint is admitted, the contested procurement procedures are automatically suspended — the complainant's fundamental guarantee.
The Complaint Fee
Under Article 23-8, a fee is established for filing a complaint with the Council. For a complaint related to a state procurement, the fee is 2% of the estimated value of the procurement, and in simplified procurement 2% of its value, but not less than 100 lari and not more than 500 lari. For a complaint related to a public-private partnership project, the fee is 0.15% of the project's estimated value, but not less than 22 000 lari and not more than 150 000 lari. No fee is payable where the complaint concerns matters related to the tender announcement and documentation. The fee is refunded to the complainant unless the complaint is rejected. Where the complaint is withdrawn, the fee is refunded in full if withdrawn before the Council's session, and in half if withdrawn during or after it. The rules for payment and refund of the fee are determined by the Council's rules of procedure.