Public Procurement
Public procurement gives companies an opportunity to take part in public sector contracts, but the procedure is strictly regulated and mistakes are easy to make. An inaccurate tender or a missed deadline can exclude a company from the procurement, while unfair terms and conditions of the procurement or decisions can generally be challenged.
In public procurement, the tender must be prepared exactly in accordance with the procurement documents. A company must meet the qualification conditions, avoid grounds for exclusion and submit the required documents in the correct form and by the deadline. A formal error may lead to rejection of a tender even if the tender is strong in substance.
If the terms and conditions of the procurement unreasonably restrict competition, are directed at a particular tenderer or the decision of the contracting authority infringes the tenderer’s rights, they can be challenged. Public procurement disputes are first resolved by the Public Procurement Review Committee, VAKO, and, where necessary, by the administrative court. When challenging decisions and conditions, it is important to act quickly, as missing the deadline may exclude the possibility of a challenge.
Law Firm Namm reviews procurement documents and tenders, prepares objections and statements of position, represents clients before VAKO and in court, and advises on changes to public contracts and framework agreements. We represent both tenderers and contracting authorities. We work in Estonian, Russian and English.
How we help with public procurement matters
- Advice on participation in a procurement procedure
- Legal review of tender preparation
- Analysis and challenge of procurement documents
- Assessment of qualification conditions and grounds for exclusion
- Challenging the rejection of a tender
- Challenging decisions of the contracting authority
- Representation before the Public Procurement Review Committee, VAKO
- Public procurement disputes before the administrative court
- Preparation and review of public contracts and framework agreements
- Issues related to changes to a public contract
- Advice on procurements related to structural funds
- Advice to contracting authorities on organising procurements
- Advice on infringements related to procurement and their consequences
Frequently Asked Questions
My tender was rejected. Can I challenge it?
Yes. You can challenge the rejection of a tender, a decision declaring a tender non-compliant or another decision of the contracting authority if it infringes the tenderer’s rights or harms its interests. A request for review is generally submitted to VAKO. Before challenging the decision, the reasons for the decision, the procurement documents and the documents submitted with the tender must be checked quickly.
The procurement documents seem unfair or directed at a particular tenderer. What should I do?
The terms and conditions of the procurement can be challenged if they are disproportionate, unreasonably restrictive or give an unjustified advantage to a tenderer. This must be done before the deadline for submitting tenders, requests to participate or conceptual designs. The later the issue is discovered, the smaller the chance of changing the conditions.
Can procurement documents be challenged after submitting the tender?
As a rule, procurement documents must be challenged before the deadline for submitting the tender. If the tenderer waits until the results are known, it may be too late to argue that the conditions were unfair or unlawful. After the results, it is usually possible to challenge decisions of the contracting authority, not conditions that should have been challenged earlier.
What is the Public Procurement Review Committee, VAKO?
VAKO is an out of court body that resolves disputes related to public procurement. In a public procurement dispute, parties usually first turn to VAKO, and its procedure is faster than court proceedings. A VAKO decision can be challenged before the administrative court.
How quickly must a public procurement decision be challenged?
The time limit for a request for review is generally 10 days from the time when the tenderer became or should have become aware of the infringement of its rights. In a simple procedure, the time limit is usually three working days. When challenging procurement documents, separate deadlines before the deadline for submitting tenders, requests to participate or conceptual designs must be taken into account. The possibility of a challenge should therefore be assessed immediately.
How much does it cost to submit a request for review to VAKO?
A state fee must be paid when submitting a request for review to VAKO. From 2026, the state fee is 1,280 euros if the estimated value of the public procurement is below the international threshold, and 2,560 euros if the value is at least equal to the international threshold. The state fee may change, so it must be checked before submitting the request for review.
Why is it worth having a tender legally reviewed before submission?
In public procurement, tenders are often rejected because of formal or documentary deficiencies. Legal review helps ensure that the tender complies with the procurement documents, the necessary documents are in place and the company is not affected by grounds for exclusion. This reduces the risk that a strong tender is excluded because of a technical error.
Can a public contract be changed after it has been concluded?
A public contract may be changed only in cases provided by law. It is important to assess whether the change alters the economic balance of the contract, extends the subject matter of the contract or could have affected the result of the procurement. An unlawful change may lead to a dispute, recovery of support or another consequence.