The Dispute Review Board for State Procurement is a specialized administrative body under the State Procurement Agency, which reviews complaints from bidders and suppliers regarding tender procedures.
What is the Dispute Review Board?
The Dispute Review Board for State Procurement is established on the basis of the Law of Georgia on State Procurement. The Board is a structural unit of the State Procurement Agency and operates in accordance with the principles of an independent administrative body.
The purpose of the Board is to monitor the legality of state procurement procedures, identify violations of the law, and ensure the protection of competition principles in the field of state procurement.
Who can apply to the Board?
The right to file a complaint with the Board is granted to:
- A bidder — any person who has participated or wished to participate in a tender;
- A supplier — a person with whom a state procurement contract has been concluded;
- Any interested person whose legal right or interest has been violated during the procurement procedure.
Appeal Deadlines and Procedure
The Law on State Procurement sets strict deadlines for filing a complaint. The decision or action of the procuring organization may be appealed to the Board within the timeframes established by law — missing the deadlines results in the complaint being declared inadmissible.
The Board is obliged to review the complaint within the period defined by law. The review process includes hearing the parties' positions, evaluating evidence, and issuing a decision.
Legal Force of the Board's Decision
The Board's decision is binding on the procuring organization. The Board has the authority to:
- Annul the decision of the procuring organization;
- Order the suspension of the procurement procedure;
- Require the rectification of a violation of the law;
- Cancel the results of the tender.
The Board's decision may be appealed to the court under administrative proceedings.
Why Do You Need a Lawyer?
The field of state procurement involves specific legal norms, specialized terminology, and procedural requirements. Proper preparation of a complaint to the Board requires:
- In-depth knowledge of state procurement legislation;
- Accurate identification of the specific procedural violation;
- Professional preparation of legal arguments;
- Strict compliance with deadlines and correct formatting of the complaint.
| Do you need consultation on a state procurement dispute?
Nikoloz Pkhaladze · Pkhaladze et Associés · Lawyer +995 597 117 795 · nikushapkhaladzelawyer@gmail.com www.pkhaladze-law.ge |
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