The sector of public procurement has been greatly developed the past few years in Cyprus. Several companies focused their work 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 not made a successful bid because of law or right violation then it may be infringed therein. In the event of the success of the appeal, the tender will be re-examined.
Furthermore, the Exclusion Committee, has been established in 2016, examines reasons of exclusion of companies / bidders from participating in competitions. The formation of the Exclusion Committee it 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 loyalty.
In circumstances where a company whose bid was not selected for the award of a public contract is possible to make an appeal before the Administrative Court. Cases can be brought before the Administrative Court after an appeal has been rejected by the Bidding Review Authority or even without an appeal being made to the Authority.
If the appeal before the Bidding Review Authority or the Administrative Court has been 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 (to claim compensation).
As a top law firm we have historically been involved in several procurement cases. The firm’s partner Prof. Dr. Emilianides, is the author of the "Cyprus Public Procurement Law", a book which sets guidelines that deal with relevant 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 an impact.
Prof. Dr. Emilianides having made a successful presentation to the Exclusion committee, has obtained the vital decision 100/2017. Many of our clients have been successfully represented by our legal consultants before the Administrative Court and the Bidding Review Authority. Notably, in several cases while representing our clients, we have been successful in obtaining damages on their behalf before Cyprus District Courts.