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22 Similarly, the contracting authority is not under an obligation to provide an unsuccessful tenderer, upon written request from it, with a full copy of the evaluation report (see order of 20 September 2011 in Case C‑561/10 P Evropaïki Dynamiki v Commission, paragraph 25).
The urgent need to stem these ills led to the first wave of reforms that saw an overhaul of colonial era and post-independence procurement structures in the form of Tender Boards that were characterized by centralized procurement, lack of transparency, outdated legal framework and weak dispute management mechanisms.
Background The Appeal was filed by SANESSOL, a company that was awarded a public bid for the provision of sanitation services in the City of Mirassol by the Municipality of the city in 2007. In 2012, SANESSOL requested a tariff revision, arguing for the necessity of re-establishing the contractual balance. Pursuant to Municipal Decree No.
Questions ranging from how the situation may evolve into an ISDS case, whether it is possible to deal with the potential dispute inhouse or how to establish the tender procedure for outside counsel require immediate attention by the state. A quick analysis of the situation is therefore warranted.
For instance, some recent case law on the duty to provide reasons under each of the specific adminsitrative procedures that govern contract tendering and trademark registration shows what, in my view, is rather a contradiction. Moreover, she could not sue without knowing what those reasons are.
Relatedly, the Slovak Government stated that despite containing explicit references to the tendering of the construction of the stadium, the State aid Decision cannot preempt a fresh assessment of the compliance of this legal structure with EU procurement rules. To my mind, it did so implicitly, which explains paragraph 8 of its Decision SA.46530.
B-298333.3 , 2007 CPD ¶ 9, at 3 n.1 9, 2007) [14] Tolling means that the running of a legally provided time period is paused or halted. [15] 27] See Rhonda Podojil-Agency Tender Official, B-311310 , 2008 CPD ¶ 94, at 1 (May 9, 2008). [28] 11] FAR 15.501. [12] 12] FAR 33.101. [13] 13] See Exceptional Software Strategies, Inc.,
Public sector procurement also followed the Smith theory, where the lowest cost from a tendering process must deliver the best value. The solutions are not secrets. Procurement decisions were largely one-dimensional – with economic interests being the first choice.
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