Types of deadlines in public procurement

In this article, you will learn:

• What rules apply when calculating time limits in public procurement procedures?
• What determines the length of the various time limits in the procedure, and what significance do the value of the contract and the method of awarding it have?
• What are the deadlines for submitting tenders, and for how long is the contractor bound by their tender?
• Within what timeframes may requests for clarification of the content of the tender documentation be made, and when should the contracting authority provide a response?
• What are the deadlines for the tender bond, the standstill period, and the submission and supplementation of evidence?
• What are the time limits applicable to appeal proceedings before the National Appeal Chamber?
• how to calculate the relevant time limits in practice, and which exceptions to the general rules may be relevant in proceedings

Public procurement law, as a specific area of law, employs a variety of terms which play a key role in the public procurement process, whilst also ensuring that the entire procedure proceeds at a predictable pace. The principles derived from these terms, given their specific nature, require a precise understanding, and their application ensures the transparency and efficiency of procurement processes. The origins of these terms in public procurement law lie in civil law and date back to the earliest regulations, which have evolved alongside economic and legal developments. This article will discuss the various types of terms, their meanings and the functions they fulfil within the tendering system. This analysis will provide a better understanding of how different categories of terms influence procurement processes and what consequences their incorrect application entails. The remainder of the article will present this information in an accessible format, enabling novice readers to grasp the key issues easily, whilst helping those with more experience to organise their knowledge and, perhaps, providing ready-to-use reference tables for the future.

The close link between the Act of 11 September 2019 – Public Procurement Law (consolidated text: Journal of Laws of 2023, item 1605) and the Civil Code derives directly from Article 8(1) of the Public Procurement Law, which stipulates that the provisions of the Act of 23 April 1964 – the Civil Code – shall apply. This relationship gives rise to several overarching principles which will apply whenever we are dealing with the calculation of statutory time limits. These are as follows:

1. a period specified in days which ends at the close of the last day,
2. The time period is defined in hours; it begins at the start of the first hour and ends at the end of the last hour,
3. if the start of a period specified in days or hours is a particular event, the day or hour on which that event occurred is not taken into account when calculating the period,
4. a period comprising two or more days must include at least two days that are working days (i.e. days that are not designated by law as public holidays, as well as Saturdays),
5. A period expressed in weeks, months or years ends at the close of the day which, by its name or date, corresponds to the starting day of the period; and if there is no such day in the final month, it ends on the last day of that month,
6. if the deadline for carrying out the action falls on a day designated by law as a public holiday or on a Saturday, the deadline shall be the next day which is neither a public holiday nor a Saturday.

In public procurement law, the term ‘deadline’ refers both to a period of time (e.g. the deadline for submitting tenders or the period during which a tender remains valid) and to a specific point in time (e.g. the deadline for opening tenders), whilst their duration depends primarily on the value of the contract and the procedure under which the tender is conducted. It is also the case that time limits may depend on other circumstances, such as the urgency of awarding the contract or the time required to prepare and submit a tender.

For the purposes of this study, taking into account the most common practices of its target audience, I shall focus on comparing the time limits in the most common competitive procedures for supply contracts conducted entirely via electronic communication.

PROCUREMENT PROCEDURE	DATE
A standard contract with a value equal to or greater than the EU thresholds, open tender procedure	Basic time limit: 30 days from the date on which the contract notice is sent to the Publications Office of the European Union (Article 138(1)), and where there is an urgent need to award the contract and a reduction in the time limit for the submission of tenders is justified: 15 days (Article 138(2)(2))
A standard procurement contract with a value below the EU thresholds, standard procedure, option I, without negotiations (Article 275(1))	A period of not less than 7 days from the date of publication of the contract notice in the Public Procurement Bulletin (Article 283)
A standard procurement contract with a value below the EU thresholds, under the basic procedure: option II (Article 275(2)) with the possibility of negotiation, or option III with the obligation to negotiate (Article 275(3))	Deadline for submitting a supplementary tender: not less than 5 days from the date of issue of the invitation to submit supplementary tenders (Article 296(1)), and for the final tender: not less than 5 days from the date on which the invitation to submit final tenders is issued (Article 296(3))

ORDER VALUE	BASIC DEADLINE (COUNTED FROM THE DAY ON WHICH THE DEADLINE FOR SUBMITTING TENDERS EXPIRES)	EXTENSION OF THE BID VALIDITY PERIOD
Lower than the EU thresholds	Not more than 30 days (Article 307(1))	Not more than 30 days (Article 307(2))
Equal to or greater than the EU thresholds, but less than 10,000,000 euros	Not exceeding 90 days (Article 220(1)(1))	Not more than 60 days (Article 220(3))
Equal to or greater than 10,000,000 euros	Not exceeding 120 days (Article 220(1)(2))	Not more than 60 days (Article 220(3))

FUNCTION	CONTRACT VALUE BELOW EU THRESHOLDS	CONTRACT VALUE EQUAL TO OR EXCEEDING THE EU THRESHOLDS (OPEN TENDER)
Request to the contracting authority for clarification of the content of the tender specifications	No later than 4 days before the deadline for the submission of tenders (Article 284(2))	No later than 14 days (in the standard procedure) or 7 days (in the accelerated procedure) before the deadline for the submission of tenders (Article 135(2))
Provision of clarifications by the contracting authority	Two days before the deadline for the submission of tenders (Article 284(2))	Six days (under the standard procedure) or four days (under the accelerated procedure) before the deadline for the submission of tenders (Article 135(2))

IF THE VALUE OF THE CONTRACT IS BELOW THE EU THRESHOLDS	IF THE VALUE OF THE CONTRACT IS EQUAL TO OR EXCEEDS THE EU THRESHOLDS
5 days (Article 308(2))	10 days (Article 264(1))

FUNCTION	CONTRACT VALUE BELOW EU THRESHOLDS	CONTRACT VALUE EQUAL TO OR EXCEEDING THE EU THRESHOLDS (OPEN TENDER)
Submission of evidence from the parties	5 days from the date of the invitation (Article 274(1)), prior to the selection of the most favourable tender and provided that their submission was required in the notice.	10 days (Article 126(1))
Supplementing the statement referred to in Article 125(1) with evidence from the parties, other documents or statements	Within the timeframe specified by the Contracting Authority	–

FUNCTION	CONTRACT VALUE BELOW EU THRESHOLDS	CONTRACT VALUE EQUAL TO OR EXCEEDING THE EU THRESHOLDS
Lodging an appeal concerning information provided by the contracting authority (Article 515(1))	5 days	10 days
Lodging an appeal concerning the notice initiating the procurement procedure or the tender documents (SWZ) (Article 515(2))	5 days	10 days
Publication of a notice of appeal (Article 524)	2 days from the date on which the appellant receives a copy of the appeal	–
Joining the appeal proceedings (Article 525(1))	3 days from the date of receipt of a copy of the notice of cancellation from the contracting authority	–
Examination of an appeal by the National Appeal Chamber (Article 544(1)-(2))	15 days	–

Q: When calculating time limits expressed in days, where the time limit begins with a specific event, should one always follow the rule that the day on which that event occurs is not taken into account?

A: Not always; there is an exception to this rule, for example, when calculating the period during which a tender remains valid. It does indeed begin to run from the day on which the deadline for submitting tenders expires, but in this situation, the day on which tenders are submitted is also counted as the first day of the period (i.e. contrary to the provisions of Article 111(2) of the Civil Code).

Q: In a procedure conducted under the open tender or standard tender procedure, may the Contracting Authority sign the contract earlier than 10 days after the date on which notification of the selection of the most advantageous tender was given?

A: Yes, the contracting authority will have this option if only one tender has been submitted in the procedure (see Article 264(2) and Article 308(3)).

Q: From what point is the time limit for lodging an appeal against a notice initiating a procurement procedure or against procurement documents (e.g. the tender specifications) calculated?

A: In the case of an appeal concerning the notice initiating the procedure, the time limit is calculated from the date on which the notice is published in the Public Procurement Bulletin or in the Official Journal of the EU. However, if the appeal relates to the tender documents (including the tender specifications), the time limit runs from the date on which the tender documents are published on the website.

Q: Is the Contracting Authority not permitted to provide clarifications to Contractors if they are received after the deadline?

A: If a tender is submitted after the specified deadline, the Contracting Authority is, admittedly, exempt from the obligation to respond; however, this does not mean that it is unable to do so. If the contracting authority so decides, it may clarify the documents, even if the contractors are late in submitting their queries.

Q: If the deadline for submitting tenders is extended, is the deadline by which Contractors may request clarification of the content of the Tender Specifications recalculated (from this new deadline)?

A: No, extending the deadline for submitting tenders does not affect the deadline for submitting requests for clarification of the tender specifications (this is set once, based on the original deadline).

Q: How does the Contracting Authority determine the period during which a tender remains valid? May it specify this as a specific number of days, e.g. a standard 90 days, in accordance with the general principles set out in Article 8 of the Public Procurement Law?

A: No, in this case, the legislator has provided for an exception in Article 220(2) of the Public Procurement Law, requiring the contracting authority to specify the period during which a tender remains valid in the tender documents by indicating a specific date.

Time limits in public procurement law are crucial to ensuring the transparency and fairness of tender procedures. Specific provisions protect the interests of both contracting authorities and contractors, ensuring that neither party is exposed to unjustified delays or uncertainty. By setting a timeframe for the submission of tenders, they guarantee everyone an equal opportunity to prepare competitive proposals. The tender validity period ensures that the contracting authority has the time necessary to conduct the procedure calmly and thoroughly. The statutory time limits for submitting applications and providing clarifications regarding the tender documentation, on the one hand, prevent ambiguities and, on the other, limit the time available for any potential disputes, thereby ensuring the transparency of the tender process is maintained. It can therefore be assumed that these deadlines facilitate the smooth and efficient management of the tender process, ensuring that all steps are taken in a timely manner. Failure to meet these deadlines, however, may lead to serious financial and legal consequences, including the annulment of the tender procedure or the need to bear the high costs of any proceedings before the National Appeal Chamber, both for the Contracting Authority and the Contractor. 

1. The Act of 11 September 2019 – Public Procurement Law (consolidated text: Journal of Laws of 2023, item 1605)
2. Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2024, item 1061)