The competent investigating authority is as follows

Vergabekammer des Bundes

Villemombler Str. 76

D-53123 Bonn, Germany

Tel.: 0228 9499-0

Fax: 0228 9499-163

Email: vk@bundeskartellamt.bund.de

Web: http://www.bundeskartellamt.de/SharedDocs/Kontaktdaten/DE/Vergabekammern.html

The applicant is requested to clearly identify those parts of the request to participate (and any subsequent bid) containing company/business secrets. If this does not happen, the public procurement tribunal will assume consent to inspect the documents as required in the case of carrying out a review procedure (Section 165 (3) Act against Restraints of Competition (Competition Act - GWB)). As the awarding authority, FAIR is required to provide the public procurement tribunal with immediate access to the files when a review procedure is initiated (Section 163 (2) sentence 3 GWB).

Applicants/bidders have the right to demand that the Contracting authority comply with the provisions on the award procedure protecting bidders (Section 97 (6) GWB). Applicants/bidders with an interest in the public contract who believe their rights have been violated by non-compliance with the provisions governing the awarding of public contracts, must raise an objection about the violation to FAIR within ten calendar days (Section 160 (3) sentence 1 no. 1 GWB).

Violations known from the tender notice or tender documents must be claimed vis-a-vis FAIR before the time limit given for submission of applications (offers) (Section 160 (3) 1 No. 2 - 3 GWB).

If FAIR informs the applicant/bidder that it is unwilling to redress the objection, an application for review may then be filed with the public procurement tribunal above within 15 days of receipt of the notification (Section 160 (3) sentence 1 no. 4 GWB).

Bidders whose bids are not to be considered for the award of the contract will be notified before the awarding of the contract pursuant to Section 134 GWB. A contract may only be concluded 15 calendar days after FAIR has sent out this information. This period is ten calendar days when transmission is by fax or email. The period commences on the day following the dispatch of the information by FAIR. After this time period has expired, an award is possible even if a time limit pursuant to Section 160 (3) GWB has yet to expire. Therefore, in order to prevent an award, a request for review needs to have been served upon FAIR by the public procurement tribunal before the expiry of the time limit under Section 134 GWB.

Pursuant to Section 135 (1) and (2) GWB, the invalidity of an award can only be established if it has been asserted in the review procedure within 30 calendar days from the date on which there was notification on the conclusion of the agreement, though no later than six months after the agreement was concluded. If the Contracting authority published the tender notice in the Official Journal of the European Union, the time limit for claiming ineffectiveness shall expire 30 calendar days after the publication of the tender notice in the Official Journal of the European Union.