Business

Public procurement: which deadlines have been suspended?

Coronavirus / Covid-19

During the state of crisis, certain time limits for appeals against public contracts and concessions remain in force. This concerns the following:

  • during the pre-contractual stage: the filing of an appeal against the documents of the call for tenders, the tender specifications, or any other document relating to the contracting procedure, published in accordance with the laws and regulations in force;
  • during the conclusion of the procurement procedures: filing an appeal against a contract award decision taken in application of the laws and regulations in force.

In addition, for the duration of the state of crisis, the following time limits are suspended:

  • the 1-month limit for notifying the amendment of a public procurement contract;
  • the 15-day period for notifying the cancellation due to:
    • an irregularity; or
    • excessively large and unforeseeable variations in prices, wages or execution conditions that have occurred as a result of force majeure.

This suspension also applies to the periods of notice and amendment indicated in:

  • the tender specifications; or
  • any other contractual document of a public procurement governed by Luxembourg law.

There are 2 different cases:

  • for public contracts for which the publication of the contract documents or the notification of the award decision took place before 26 March 2020 and for which the time limits for appeal should expire after this date: the time limits for appeal:
    • are suspended with effect from 26 March 2020;
    • shall recommence to run from 27 April 2020, without erasing the days elapsed up to when the suspension began;
  • for public contracts for which the publication of the contract documents or notification of the award decision took place after 26 March 2020: the time limits for appeal have not started to run. Consequently, they do not begin to run until 27 April 2020.
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