Public Procurement Law

The public procurement sector has advanced vastly these past few years in Cyprus. Several companies have focused on public procurement and invested a large amount of capital in securing such contracts.

The legislative framework of Public Procurement in Cyprus has been constantly developing and evolving, especially since 2004. After the establishment of the Offer Review Authority, any company that has made a bid that was not awarded a contract can make an appeal to the said authority. In the event of a successful appeal, the tender will be re-examined.

Furthermore, an Exclusion Committee has been established in 2016 which examines the reasons of exclusion of companies / bidders from participating in a public tender. The formation of the Exclusion Committee is a great development in Cypriot law, as Damocles' exclusionary swords are now widespread over companies in cases of specific offenses or misconduct.

Additionally, the Public Procurement Directorate of the General Accounting Service of the Republic has been designated as the Public Procurement Competent Authority and is considered as the official independent contact point for information of any public procurement body concerning the integrity of procedures, thereby enhancing legitimacy.

In circumstances where a company was not selected for the award of a public contract, it is possible for the company to choose to make an appeal before the Administrative Court. Cases can be brought before the Administrative Court either after an appeal has been rejected by the Bidding Review Authority or even without an appeal having been made to the Authority.

If the appeal before the Bidding Review Authority or the Administrative Court is successful and the Company has suffered damages because of the annulled decision, then there is the possibility of bringing an action against the Contracting Authority in the District Court in order to claim compensation.

As a top law firm, we have been involved in several landmark procurement cases. The firm’s partner, Prof. Dr. Emilianides, is the author of the “Cyprus Public Procurement Law’’, a book which sets guidelines involving several leading cases. Prof. Dr. Emilianidis is an expert in the field and has been a facilitator in the establishment of Public Procurement Law having taken part in numerous significant decisions that have made a significant impact, an example of which is the 100/2017 decision obtained by Prof. Dr. Emilianides after making a successful presentation to the Exclusion committee.

Many of our clients have been successfully represented by our legal consultants before the Administrative Court and the Bidding Review Authority. Notably, in most cases we have been successful in obtaining damages on our client’s behalf before Cyprus District Courts.

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