The decision of not awarding a public contract in respect of which a prior call for competition was made and to recommence the procedure: case-law and doctrine

Abstract

This article analyses, from a practical perspective, the two available tools in public procurement law for cancelling a bidding: the decision of not awarding a public contract in respect of which a prior call for competition was made and to recommence the procedure. In this context, the article studies the nature of these tools aimed at clarifying whether they are intermediate or final administrative acts. Subsequently, the article explores the different causes that legitimize the two tools analysed. Finally, this work studies the formal and temporal requirements of these tools and describes the compensation mechanisms that they entail.

Keywords:

not to award a contract in respect of which a prior call for competition was made, recommence the procedure, public contract, early cancellation