The Tenders Review Authority is the guardian of the rule of law, legislation, regulations and procedures regarding public procurement in the Republic of Cyprus.
As stipulated in Law 104(I)/2010, which was enacted for the purpose of harmonizing Cypriot legislation with the European Directives 89/665/EEC, 2007/66/EC on improving the efficiency of procedures in public procurement, the Tenders Review Authority examines Recourses against acts or decisions of the Contracting Authorities that violate any provision of the law before or after signing a contract of supplies, services or projects. According to Law 12(I)/2006, Contracting Authority means the State, local authorities, public law bodies or associations of one or more of such authorities or one or more of these public organizations.
The Tenders Review Authority consists of a Chairman and four other Members appointed by the Board of Ministers for five years and has the power:
(1) to decide on Recourses lodged against acts or decisions of the Contracting Authority prior to the award of the contract and based on information submitted.
Tenders Review Authority may decide:
(a) to approve the act or decision of Contracting Authority,
(b) to annul the act or decision of Contracting Authority if it violates any provision of the law, or
(c) to cancel or order the amendment of any term contained in the tender documents or any other document relating to public procurement procedure in respect to technical, economic or financial requirements before submitting applications or tenders for breach of any provision of applicable law,
(2) to decide on whether to grant interim measures to remedy the alleged violation of the law or to prevent further damage to the interests concerned, including measures to suspend the award procedure or the signature of the contract or to prevent the Contracting Authority executing any decision;
(3) to declare a signed public contract ineffective,
(4) to impose sanctions on Contracting Authorities if a contract was signed illegally,
(5) to enforce payment of the costs of the proceedings.
A Recourse may be submitted within 10 or 15 days after notification (depending on the method used for notification) using a specific Form determined by the Tenders Review Authority. By submitting the Recourse, non-refundable application fees are payable according to Regulation no. 467/2010, depending on the amount of the successful tender.
All judgments issued by the Tenders Review Authority as well as more information is available on the official website: www.tra.gov.cy and www.aap.gov.cy.