Presentation by Alina Tsaturyan, Armenia(ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018

2. Ways to appeal public procurement
General jurisdiction
court
Հայաստանի
Procurement review body
of the republic
Judicial
Each person shall have the right to appeal in
the court against the actions (inactivity) and
decisions of appeal review body, contracting
authority and evaluation commission pertaining
the procurement.
Out of court
Each person shall have the right to appeal
against the actions (inactivity) and decisions of
the contracting authority and evaluation
commission in the review body.

3. Out of court appeal of public procurement
The Republic of Armenia
procurement review body
(existed up to April 25, 2017)
1. Independent and autonomous
body
2. 58 members from various public
bodies and NGOs.
3. Work is not paid.
4. Collective examination of case
(commission of 2 members and 1
chairman).
5. Rotation principle of case
examination commission members
and chairman.
The Republic of Armenia
procurement review body (existed
up to 25.04.2017-09.04.2018)
1. Permanent independent
autonomous body
2. Up to 3 members
3. One person case examination
The Republic of Armenia
procurement review body
(09.04.2018 – up to date)
1. Body subordinate to the Republic
of Armenia ministry
2. Independent body
3. Procurement review body – 2
review bodies
4. One person case examination

4. The Republic of Armenia Procurement Review Body Functions
Review of procurement appeals
Review of the grounds to include the
participants in the list of participants not
entitled to partake to the procurement
process
Each person has the right to appeal against the
actions (inactivity) and decisions of appeal
review body, contracting authority and
evaluation commission.
Based on the information pertaining to the
participant not entitled to partake to the
procurement process the Republic of Armenia
Ministry of Finance launches a procedure in the
procurement review body.
• Customer
Violation cases
• The Republic of
Armenia Ministry of
Finance
Note on launching
a procedure and
grounds to include
in the list
• Procurement review
body of the Republic
of Armenia
Review of grounds to
include in the list and
decision making
Complainant
Review
Procurement review
body
Decision

5. Case Review Process by the Republic of Armenia Procurement Review
Body
 Any person has the right to submit appeals to the procurement review body
 The appeal shall be lodged against the actions (inactivity) and decisions of the contracting authority
and evaluation commission
 The appeal shall contain the information envisaged by the Republic of Armenia Law on
Procurement
 To lodge a complaint, the complainant shall pay to the state budget an appeal fee, otherwise the
appeal shall not be admitted
 The appeal is reviewed in the sessions
 The review of the appeal shall be public and any person has the right to be present at the sessions,
except for appeal cases containing state secret
 The appeal session shall be live broadcast on the official webpage of the Republic of Armenia
Government and procurement
 The review of the appeal shall be 20 days, which can be extended for 10 more days by a reasoned
decision of the review body
 As a result of review examination the procurement review body shall make a decision, which shall
be reasoned and justified
 The decision of the procurement review body shall enter into force and become binding on the
workday following its official posting on the Republic of Armenia procurement official webpage
 The decision of the procurement review body can be annulled or changed only by the court
 The procurement review body shall have the right to prohibit the contracting authority and
evaluation commission to make some actions and make decisions, make adopt respective
decisions, including cancelling procurement procedure, except the decision to repeal the contract

6. Deadlines and restrictions to lodge an appeal
If decision to conclude a contract
is appealed against
If procurement specifications, pre-
qualification announcement or invitation
requirements appealed against
Appeal must be lodged within inactivity
deadline envisaged for contract conclusion
as a result of procurement process
Appeal shall be lodged by the deadline to
submit bids
Each person has the right to appeal against the actions (inactivity) and decisions of the contracting
authority and evaluation commission in the review body before signing a contract.

7. Review of the grounds to include in the list of non-eligible participants
for the procurement process
Behavior of
procurement
process participant
Contracting
authority
The Republic of
Armenia Ministry of
Finance
The republic of
Armenia
procurement review
body
List restricting the
right to participate
The purpose of including a participant in the list of non-eligible participants for the procurement process is to
provisionally restrict the participation of the bidders with illegal behavior to the procurement process
The person shall be included in the
list of non-eligible participants for
the procurement process
Has violated commitment envisaged by
contract or undertaken within
procurement process that lead to
unilateral contract termination by
contracting authority or participation of
given participant to the procurement
process
As a selected bidder refused to sign a
contract
After opening the bids refused the
further participation to the procurement
process
The participant shall be included in
the list of non-eligible participants
for procurement process 2 years
The grounds to include in the list of non-eligible participants for the procurement process shall be reviewed by
procedures and terms envisaged for appeal review.

8. Judicial review of procurement
Procurement, including appeal review
relations are not administrative relations and
are regulated by the civil legislation of the
Republic of Armenia.
Each person shall have the right to appeal in
the court against the actions (inactivity) and
decisions of appeal review body, contracting
authority and evaluation commission
pertaining the procurement.

9. Selection of procurement review method
Out of court Judicial
• Any person can lodge an appeal against
the actions (inactivity) and decisions of
contracting authority and evaluations
commission
• Simplified procedures to lodge an
appeal
• 20 days to review the appeal with
maximum 10 days extension
• Open review of appeal, live broadcast of
sessions
• In case of granting the appeal – return
of appeal fee
• Decision made as a result of appeal can
be challenged in the court
• Limited scope of powers to make a
decision by appeal review results
• Appeal can be lodged only by
person interested in the process
• Case review by overloaded courts
• Lack of specialized courts reviewing
procurement disputes
• Long, even years long periods for
case review
• Open case review
• Possibility to make broad scope of
decisions as a result of appeal
review by the court

10. Functional indicators of procurement review out of court system
activities
Granted
Rejected
Not reviewd
In 2015 54 appeals
received
In 2016 128 appeals received
granted
refused
not reviewed
In 2017 169 appeals received
granted
rejected
not reviewed
As by May 18 2018 135 appeals
have been submitted to the
Republic of Armenia procurement
review body

11. THANK YOU FOR YOUR
ATTENTION