Documentation of Review Proceedings¶

After the notification of the unsuccessful bidders according to § 134 Abs. 1 GWB, a documentation workflow can be started via the menu item ACTIONS, which stops the normal procurement process flow. A corresponding message is displayed.

The documentation begins with the entry of the basic data for the review procedure and the preceding complaint.

Once all this information has been entered, the next step offers the option of printing out all the forms for the procedure in order to provide the procurement chamber with the procurement file.

The course of the proceedings and the hearing is then documented in the next form. The decision of the chamber and the filing of an immediate appeal before the Higher Regional Court must also be documented here.

The further course of the documentation workflow depends on the decision documented here. If an immediate appeal is lodged, this procedure before the Higher Regional Court (OLG) must be documented afterwards.

All forms for printing the procurement file are also provided for this purpose.

After that, the Higher Regional Court proceedings and its decision are documented in a manner comparable to the procedure before the Public Procurement Tribunal.

Consequences of the Documented Decision

Depending on which decision was ultimately made – either by the public procurement tribunal or the OLG – the following options exist for the further course of the procedure:

• Withdrawn. The complaint was withdrawn and the normal course of the procedure is continued.

• Contract award can be made as planned. The documentation workflow ends here and the procedure is continued.

• The evaluation must be repeated. In this case, the documentation workflow ends and the workflow returns to the beginning of the bid review and evaluation.

• The procedure/lot must be canceled. The documentation workflow continues with the cancellation of the procedure or individual lots (if the service is divided into lots). If only individual lots were canceled, the procedure then continues in the normal way.

• Procedure is to be partially repeated. In this case, a note must be entered explaining how the procedure is to be repeated. The procedure is then canceled.