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Complaints and escalation procedure
What wins points
A clear, evidence‑based complaint citing the correct article (e.g., Article 2a stand‑still) shows procedural compliance and can prompt a review that may overturn an unfavorable decision.
What gets bids disqualified
Missing the stand‑stop deadline or failing to cite the relevant Directive article leads to automatic exclusion from any remedial process.
Evaluator's view
Evaluators first check whether the complaint references a valid article and meets the stand‑stop time limit; missing either results in rejection.
Complaints and escalation procedure
What this is
A short, practical guide for a small contractor on how to raise a formal complaint about a public procurement process and how to handle the subsequent escalation steps required by EU law.
When you need it
Use this template after receiving a contract award decision (or during the evaluation phase) if you believe there has been an error, unfair treatment, or a breach of procedural rules. It is mandatory for all bidders who wish to challenge a decision under the stand‑still and review procedures (Article 2a–2d of Directive 2014/24/EU).
How to fill it in
- Identify the tender reference number and contracting authority.
- State clearly the nature of your complaint (e.g., breach of eligibility criteria, non‑transparent award decision, conflict of interest).
- Refer to the specific article(s) of Directive 2014/24/EU that you rely on (e.g., Article 2a – stand‑still period; Article 2d – ineffectiveness of a contract).
- Attach any supporting documents (evidence of the alleged breach, correspondence, ESPD records).
- Submit the complaint to the contracting authority within the time limit set in the tender pack (at least 10 calendar days from receipt of the award decision, see Article 2a(2)).
- If the authority does not respond or rejects your complaint, note the response and prepare an escalation to the national review body as required by Article 2b.
- Record the date of each step in a log for future reference.
Template
[Contracting Authority Name] [Tender Reference] [Date of award decision] Subject: Formal Complaint – [Brief description of issue] 1. Grounds for complaint: - Refer to Directive 2014/24/EU Article ___ (e.g., 2a – stand‑still period) - Explain the alleged breach succinctly. 2. Evidence attached: - List documents (e.g., ESPD copy, correspondence, scoring matrix). 3. Requested remedy: - Specify what you seek (re‑evaluation, clarification, withdrawal of award). 4. Declaration: I confirm that the information provided is accurate and complete to the best of my knowledge. Signature: ______________________ Name & Position: _______________ Date: __________________________
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