In the context of the Cyprus government’s overall policy to promote transparency and efficiency in the public procurement process, the Cyprus Tenders Review Authority (TRA) has recently issued new procedural guidelines that are now in effect in connection with the examination of recourses before the TRA. The relevant rules are issued pursuant to s.12 of Law 104(I)/2010 and apply to all resources lodged as from 15 April 2014.
The key provisions are as follows:
1. Interim Order applications.
(a) If the Contracting Authority has no objection to the issuance of interim order, it should send a letter to TRA confirming this position. The Applicant still needs to appear before the TRA when the application for the interim order is examined.
(b) If the Contracting Authority objects to the issuance of an interim order, the process starts with the Applicant having the right to make verbal submissions and, thereafter, the Contracting Authority is also given the right to be heard. Both parties are also entitled to a rejoinder submission, if they wish so, in the same turn. After the process concludes, the judgment is reserved and it is communicated to the two parties in the TRA-3 form by fax and by post, within the designated deadline.
2. Examination of the merits.
(a) As soon as the Recourse is lodged, it is sent to the Contracting Authority in the form of TRA-2 and together with a request for provision within 10 working days of a factual report, a copy of the administration file of the case, copies of the Applicant’s offer as well as the offer of the successful bidder and copy of any other offer which is challenged by the recourse (if applicable).
(b) At the same time, the Applicant and the Contracting Authority are invited to appear before TRA in a directions hearing, in the course of which directions are given regarding the submission and exchange of written submissions and the date of the hearing is scheduled.
(c) The Applicant has the right to examine the Administrative File and the relevant offers that are kept in the offices of the Contracting Authority. For this purpose, the Applicant needs to communicate directly with the Contracting Authority.
(d) Written submissions are submitted electronically to the Cyprus TRA, in the email address tra@aap.gov.cy. The submitted documents need to be in doc/docx format. The TRA arranges that these are communicated to the other side, as applicable.
(e) During the hearing, each side has a timeframe of 35 minutes for elaborating on its written submissions and replying to the other side’s submissions. The Applicant goes first and the Contracting Authority goes second. Both parties are also entitled to a 10 minute rejoinder submission, if they wish so, in the same turn.
(f) In all stages of the process, the President and the Members of TRA can submit questions to the parties or request documents or information regarding any aspect of the case.
(c) After the process concludes, the judgment is reserved and it is communicated to the two parties in the TRA-4 form by fax and by post, within the designated deadline.
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