The Tender Review Authority  

The Tenders Review Authority (“TRA”) was established by the Procurement (Supplies, Works and Services) Law of 2003 (101(I)/2003), which was subsequently replaced and is now under effect by Appeal Procedures in the Field of Public Procurement Law of 2010, L. 104(I)/2010 (the “Law”). The TRA is composed of the President and four other Members, who are appointed by the Council of Ministers with office term of 5 years. 

What Powers does TRA hold

Ιn accordance with Article 5 of the Law, the TRA has, inter alia, the authority to: 

1. Examine and decide on appeals lodged under the Law against acts or decisions of contracting authorities or entities prior to the conclusion of the contract. 
2. Decide on the adoption of interim measures to remedy an alleged violation of applicable law or to prevent further harm to the affected interests, including measures that suspend the award procedure, the signing of the contract, or the execution of any decision of the contracting authority or entity, as appropriate, and 
3. Examine and decide on appeals lodged under the Law for the declaration of the ineffectiveness of contracts that have been unlawfully awarded. 

Who is the appropriate applicant to the TRA

Article 19 of the Law, states that any interested party who has or had an interest in being awarded a specific contract and who has suffered or is likely to suffer damages as a result of an act or decision of the contracting authority prior to the award of the contract and which is alleged to be in breach of any provision of the applicable law, has the right of recourse to the TRA. 

Deadlines for submission of recourse at the TRA 

A Recourse to the TRA shall be exercised within fifteen (15) calendar days from:

1. the date on which the tenderers or candidates concerned are notified of the decision of the contracting authority/ entity, where the decision is sent by fax or electronic means, or 
2. the date on which the decision was sent to the tenderers or candidates concerned

Procedural steps  

(i) When Interim measures are requested by the tenderer/ interested party

After the tenderer or interested party submits to the TRA his recourse, the TRA notifies the Applicant of the hearing date in regards to the Interim measures sought after. On the hearing date or if the contracting authority states that has no objection to the issuance of the interim measures the TRA issues its judgment on the interim measures which mainly request that the tender is not signed with the awarded tenderer.  

(ii) When interim measures are not requested/ after issuance of interim measures 

At this step the Applicant to the recourse has the right of searching the administrative file of the tender, after which he has to file his written submission on the merits of the case. Following the Contracting authority’s filling of its written submission the case is scheduled for hearing on the merits. 

Timeline of procedure 

The procedure before the TRA is usually concluded within 3-4 months from the date of filling of the recourse.