Effectiveness of handling complaints by the review body and mechanisms to ensure implementation of its decisions

Actual time for resolving complaints, median length of review

The actual time for resolving complaints by the first-instance review body when judging procurement cases is expressed as the median length of the time for reaching a first-instance judgement (independent of whether the first-instance body is judicial or non-judicial), measuring the number of calendar days between a starting date i.e., when the complaint is registered and an end date i.e., when the first-instance review decision is issued. The median was chosen instead of the arithmetic mean because the average length of first instance reviews is particularly susceptible to the influence of so called “outliers”. Outliers are unusual values, e.g., unusually small or large numbers. Points are allocated based on the median length of review (x): • x > 100 days = 0 points. • 100 days ≥ x > 30 days = linear function. • x ≤ 30 days = 4 points.

Cases where the review body exceeded the maximum legal time limit (%)

The share of cases where the review bodies exceeded the maximum legal time limit is calculated by taking the number of cases in which the prescribed time limit was exceeded as a share of the total number of cases, expressed as a percentage. Points are allocated based on the percentage of cases where the review body exceeded the maximum legal time limit (x): • x > 10% = 0 points. • x ≤ 10% = 1 point.

Challenged cases changed or returned after verification by court (%)

Review of administrative data for the latest full calendar year to calculate the number of cases changed or returned after review by a court (second-instance body) as a share of the total number of cases reviewed by the court, expressed as a percentage. Points are allocated based on the percentage of cases that are changed or returned after court verification (x): • x > 50% = 0 points. • 50% ≥ x > 20% = linear function. • x ≤ 20% = 2 points.

A mechanism is in place that ensures that contracting authorities implement the decisions of the review body

Review of legislation to assess the existence of appropriate mechanisms that ensure effective and timely implementation of the review body’s decisions by contracting authorities such as mandating that contracting authorities provide regular reports on the implementation of the review body’s decisions and penalties for the non-implementation of the decisions of the review body.