Dokładne informacje na temat terminu (terminów) procedur odwoławczych
The principles, deadlines, and manner of using legal protection measures are regulated in detail by the provisions of Chapter IX of the Act – Legal Protection Measures (Articles 505 – 590 of the Act). 25.3 Legal protection measures are available to the Contractor and another entity if they have or had an interest in obtaining the contract and have suffered or may suffer harm as a result of the Contracting Authority's violation of the provisions of the Act. 25.4 Legal protection measures against the announcement initiating the procurement procedure and the procurement documents are also available to organizations listed in Article 469 point 15 and the Ombudsman for Small and Medium Enterprises. 25.5 An appeal may be lodged against: 25.5.1 an action of the Contracting Authority inconsistent with the provisions of the Act, taken in the procurement procedure, the framework agreement, the dynamic purchasing system, the contractor qualification system, or the competition, including a proposed contract provision; 25.5.2 failure to act in the procurement procedure, the framework agreement, the dynamic purchasing system, the contractor qualification system, or the competition, which the Contracting Authority was obliged to undertake under the Act; 25.5.3 failure to conduct a procurement procedure or organize a competition under the Act, although the Contracting Authority was obliged to do so. 25.6 An appeal shall be submitted to the President of the Chamber. 25.7 Documents in the appeal procedure shall be submitted in writing or electronically, provided that the appeal and participation in the appeal procedure submitted electronically require a trusted signature. 25.8 The appellant shall provide the Contracting Authority with an appeal submitted electronically or a copy of the appeal if it was submitted in writing before the deadline for submitting the appeal, in a manner allowing the Contracting Authority to familiarize itself with its content before the deadline. 25.9 In accordance with Article 515 of the Act, an appeal shall be submitted: “1. An appeal shall be submitted:
in the case of contracts whose value equals or exceeds the EU thresholds, within: a) 10 days from the date of transmitting information about the action of the Contracting Authority constituting the basis for its submission, if the information was transmitted using electronic means of communication; b) 15 days from the date of transmitting information about the action of the Contracting Authority constituting the basis for its submission, if the information was transmitted in a manner other than that specified in point a;
in the case of contracts whose value is less than the EU thresholds, within: a) 5 days from the date of transmitting information about the action of the Contracting Authority constituting the basis for its submission, if the information was transmitted using electronic means of communication; b) 10 days from the date of transmitting information about the action of the Contracting Authority constituting the basis for its submission, if the information was transmitted in a manner other than that specified in point a.
An appeal against the content of the announcement initiating the procurement procedure or the competition or against the content of the procurement documents shall be submitted within:
10 days from the date of publication of the announcement in the Official Journal of the European Union or the posting of procurement documents on the website, in the case of contracts whose value equals or exceeds the EU thresholds;
5 days from the date of posting the announcement in the Public Procurement Bulletin or the procurement documents on the website, in the case of contracts whose value is less than the EU thresholds.
An appeal in cases other than those specified in points 1 and 2 shall be submitted within:
10 days from the date on which the appellant became aware or could have become aware with due diligence of the circumstances constituting the basis for its submission, in the case of contracts whose value equals or exceeds the EU thresholds;
5 days from the date on which the appellant became aware or could have become aware with due diligence of the circumstances constituting the basis for its submission, in the case of contracts whose value is less than the EU thresholds.
If the Contracting Authority has not published a notice of intent to conclude a contract or, despite such an obligation, has not sent the Contractor a notice of the selection of the most advantageous offer or invited the Contractor to submit an offer under the dynamic purchasing system or the framework agreement, an appeal shall be submitted no later than within:
15 days from the date of posting the notice of the result of the procedure in the Public Procurement Bulletin or 30 days from the date of publication of the notice of the award of the contract in the Official Journal of the European Union, and in the case of awarding a contract in the negotiated procedure without notice or single-source procurement – the notice of the result of the procedure or the notice of the award of the contract containing the justification for awarding the contract in the negotiated procedure without notice or single-source procurement;
6 months from the date of concluding the contract if the Contracting Authority: a) has not published the notice of the award of the contract in the Official Journal of the European Union, or b) has published in the Official Journal of the European Union the notice of the award of the contract that does not contain the justification for awarding the contract in the negotiated procedure without notice or single-source procurement;
1 month from the date of concluding the contract if the Contracting Authority: a) has not posted the notice of the result of the procedure in the Public Procurement Bulletin, or b) has posted the notice of the result of the procedure in the Public Procurement Bulletin, which does not co