{"id":6833,"date":"2026-03-30T14:24:24","date_gmt":"2026-03-30T14:24:24","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6833"},"modified":"2026-10-31T12:36:23","modified_gmt":"2026-10-31T12:36:23","slug":"how-to-prepare-a-complaint-to-the-cnsc-steps-evidence-and-critical-deadlines","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/cum-pregatesti-o-contestatie-la-cnsc-pasi-probe-si-termene-critice\/","title":{"rendered":"Appeals to the CNSC: deadlines, evidence and steps to be taken"},"content":{"rendered":"

A challenge in public procurement can relate to the award documentation, the evaluation of offers, the exclusion of a bidder, or the communication of the result. Law no. 101\/2016 regulates the avenues of appeal to the National Council for the Resolution of Complaints (CNSC) and to the court. The deadlines are short, and the moment at which they begin to run depends on the contested act and the estimated value of the procedure.<\/p>\n

1. Identify the act and the applicable term<\/h2>\n

Note the act you are contesting, the date on which you received or became aware of it, and the estimated value of the procedure. In the consolidated form of Law no. 101\/2016, the appeal is usually filed within 10 days if the estimated value is at least equal to the relevant EU thresholds and within 7 days if it is below the thresholds. The deadline begins on the day following the day of notification; the day of communication is not counted, and if the last day is a non-working day, the deadline is extended until the end of the next working day. For contesting documentation published in the SEAP, the law considers the date of publication as the moment of notification. The rule is provided for in Articles 5 and 8 of the law. Check the current text Law no. 101\/2016<\/a>, including the calculation rules and any special situations; do not calculate the term based solely on the date of signing a document.<\/p>\n

2. Choose the path: CNSC or court<\/h2>\n

You can follow the administrative-jurisdictional route at the CNSC, or you can directly approach the competent court, according to Law no. 101\/2016. In general, for procedures regulated by Law no. 98\/2016, the judicial jurisdiction lies with the court within whose jurisdiction the contracting authority\u2019s headquarters is located, through the specialized administrative and fiscal litigation department. The chosen route influences the intended recipient of the appeal, the further steps, and the manner of contesting the decision. Do not file the same appeal in both ways without checking the legal consequences.<\/p>\n

The mandatory prior notification provided for in the original form of the law has been repealed. A request addressed to the authority for clarification or rectification may be useful in practice in certain situations, but it should not be confused with a general requirement for admissibility of the appeal in the current regulation.<\/p>\n

3. Submit the complaint correctly and keep the evidence<\/h2>\n

The appeal to the CNSC must be submitted to both the Council and the contracting authority, at the latest at the expiration of the legal deadline (art. 16). For the judicial route, the appeal is submitted to the competent court and the contracting authority within the same deadline (art. 50^1). Use a means of communication permitted by law and keep records of transmission and receipt. The mere uploading of a document into an internal file or sending it to a single recipient may not meet procedural requirements.<\/p>\n

4. Construct each criticism around a evidence<\/h2>\n

The law requires the identification of the opponent and the contracting authority, the procedure, the challenged act, the subject of the request and the factual and legal reasons. It indicates the available evidence and the measure requested: the total or partial annulment of the act, a reassessment or a remedy provided by law.<\/p>\n

Link each reason to a specific document: the data sheet, the specification, the clarifications published in the SEAP, the relevant offer to the extent permitted, the procedural report, the communication of the result or the electronic correspondence. Show the applicable requirement, what the authority did and why the document supports the criticism. Avoid general statements about unequal treatment or misjudged evaluation without indicating the facts and the documents supporting them.<\/p>\n

5. Request access to the file and treat confidentiality with care<\/h2>\n

Request prompt access to the relevant documents of the procedure and to the CNSC file, in accordance with applicable rules. Access may be limited to information declared and proven to be confidential, such as certain trade or technical secrets. It does not assume that all documents of the winning bidder are public; formulate your criticisms based on the information you have access to and request the necessary documents.<\/p>\n

6. Analyze the risk of signing the contract separately<\/h2>\n

The filing of a challenge does not automatically suspend all stages or the legal waiting period for the conclusion of the contract. The law provides specific effects, and the court may order the suspension of the proceedings under the legal conditions, upon request. Immediately check the status of the acquisition and whether the conditions for a provisional measure are met. The nullity of the contract applies only in the cases provided for by law; it does not result automatically from any procedural irregularity.<\/p>\n

Checklist before submission<\/h2>\n