Complaint submission in practice and fairness of fee rates for initiating review procedures

Complaints can be lodged by using electronic means

Analysis of publicly available documentation and assessment based on legal provisions.

Members of the review body use internal mechanisms

Review of internal acts on organisation and functioning of the review body to establish existence of internal mechanisms that enable the members of the review body to ensure consistency, quality and integrity in their approaches and decisions. Examples of internal mechanisms are: case-management system, proceedings for case distribution, regular meetings (to discuss general matters and interpretations) of all persons involved in the process of handling the complaints, internal reports on cases when the lack of uniformity was observed disseminated among the members of the review body, control by a specially designated official, proceedings for preventing conflicts of interest or other. Internal mechanisms to ensure the quality and integrity of decisions must, at a minimum, prevent conflicts of interest and collusion, and ensure that decisions are taken in full knowledge of the procurement object at hand.

All communication between the review body and the parties in the review procedure can be carried out by using electronic means

Analysis of publicly available documentation and assessment based on legal provisions.

Formal errors in filing the complaint are signalled to the complainant without delay and can be corrected without further delays and costs

Analysis of publicly available documentation and assessment based on legal provisions.

Foreign economic operators can lodge a complaint with no additional requirements comparing to local economic operators

Analysis of publicly available documentation and assessment based on legal provisions. Interviews with contracting authorities, economic operators and their associations, procurement experts and NGOs.

Fairness of fee rates - Contract value of EUR 25000

The applied range depends on the contract value and is based on the respective fee value. Scores are determined by the below formulae for each of the value categories listed. The final point score for the criterion is the sum of the four category scores. Assessment based on legal provisions and fee statistics. Points are allocated based on the fee for different estimated contract values: For an estimated contract value of EUR 25 000, the fee value (x): • x > 500€ = 0 points. • 500€ ≥ x > 50€ = linear function. • x ≤ 50€ = 0.75 points.

Fairness of fee rates - Contract value of EUR 250000

The applied range depends on the contract value and is based on the respective fee value. Scores are determined by the below formulae for each of the value categories listed. The final point score for the criterion is the sum of the four category scores. Assessment based on legal provisions and fee statistics. For an estimated contract value of EUR 250 000, the fee value (x): • x > 2 500€ = 0 points. • 2 500€ ≥ x > 100€ = linear function. • x ≤ 100€ = 0.75 points.

Fairness of fee rates - Contract value of EUR 1 million

The applied range depends on the contract value and is based on the respective fee value. Scores are determined by the below formulae for each of the value categories listed. The final point score for the criterion is the sum of the four category scores. Assessment based on legal provisions and fee statistics. For an estimated contract value of EUR 1 million, the fee value (x): • x > 3 000€ = 0 points. • 3 000€ ≥ x > 200€ = linear function. • x ≤ 200€ = 0.75 points.

Fairness of fee rates - Contract value of EUR 10 million

The applied range depends on the contract value and is based on the respective fee value. Scores are determined by the below formulae for each of the value categories listed. The final point score for the criterion is the sum of the four category scores. Assessment based on legal provisions and fee statistics. For an estimated contract value of EUR 10 million, the fee value (x): • x > 5 000€ = 0 points. • 5 000€ ≥ x > 300€ = linear function. • x ≤ 300€ = 0.75 points.