Abstract

The article identifies the most frequently challenged grounds for rejecting a contractor’s bid in 2024, providing an in-depth discussion of one issue in particular - acts of unfair competition. Referencing recent case law from the National Appeals Chamber (KIO), the article outlines the methodology for formulating appeals concerning both statutory acts of unfair competition and related torts, as well as the associated burden of proof. It presents examples of the most common acts of unfair competition and related torts raised in appeals. This highlights an emerging trend - acts of unfair competition are often raised only as secondary arguments resulting from other primary allegations, or are limited to mere citations of the Public Procurement Law and other relevant statutes.