Most appeals filed with the Tender Review Authority are vindicated, according to figures given to the Parliamentary Finance Committee by the Authority's Chairwoman, Efi Papadopoulou, during her consideration of the Authority's budget.
Specifically, in 2022, out of 35 total appeals, 14 were successful, 5 were rejected, 3 were withdrawn while another 13 are still pending for consideration. Papadopoulou pointed out that the biggest problem for contracting authorities is that they do not have trained staff who can properly manage a tender notice so that no basis for appeals is created. "I wonder how an unqualified official can do an evaluation," she noted, clarifying that tenders are not a simple process.
Some of the frequent mistakes she cited as examples of tender cancellations were not signing the declarations correctly and not recording the reason for the absence of tender evaluation board members.
Papadopoulou was responding to a question by MPs Onoufrios Koullas, Andreas Kavkalias and Christiana Erotokritou on the delays in the implementation of development projects, due to often unfounded or deliberate appeals to the Review Authority. MPs Andreas Kavkalias and Elias Myrthianthous also raised the question of whether there is thought of increasing the appeal fees, in order to become a deterrent for those who want to deliberately cause delays.
Papadopoulou said that the amount of the fees will be discussed in the Legal Affairs Committee, where a bill by DISY MP Fotini Tsiridou on the issue is pending. She noted, however, that the fees paid to the Authority, compared to the court's fees, are already much higher. While, for example, for projects up to €1 million, the fees at the administrative court amount to about €300, at the Authority they amount to €4,000.
Regarding the delays in development projects, the President of the Authority noted that it is the obligation of the Republic of Cyprus, on the basis of European Union law, to control any appeals. "To determine whether there are deliberate appeals is very difficult," she explained, as this cannot be seen unless the file is opened. She noted, however, that cases are heard in a very short time by the Authority and it cannot be argued that the delay is due to the Authority's procedures.
In response to a question from DIKO MP Chrysi Pantelides on whether the positions requested by the Authority from the Ministry of Finance have been approved. Papadopoulou replied that two positions of legal officers have been approved, while the staff working since the establishment of the Authority until today is seconded from the Department of Public Administration and Personnel. She said that a budget has also been approved for the purchase of services, however it is not easy to purchase services in this area and therefore it has not been used so far.
It is noted that the revenues of the Authority are estimated to be around €400,000 and expenditures €659,018.
Source: CNA
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