Procurement Correction
Procurement correction (hankintaoikaisu) is a self-correction mechanism that allows a contracting authority to rectify its own procurement decision. It can be initiated by the authority itself or upon request by a party concerned. It is the fastest and least costly remedy available.
Definition
Procurement correction is a legal remedy whereby the contracting authority reviews and potentially reverses or amends its own procurement decision. A request for correction must be filed within 14 days of receiving the decision and its justification. The contracting authority may also initiate a correction on its own within 90 days of the original decision. The correction can result in a new procurement decision, annulment of the original decision, or rejection of the correction request. It is regulated by Sections 132-135 of the Public Procurement Act (1397/2016).
Practical Example
A bidder receives a procurement decision and notices that the contracting authority miscalculated the quality scores. The bidder files a hankintaoikaisu request within 14 days, pointing out the calculation error. The authority reviews the scores, confirms the error, and issues a corrected decision.
Common Mistake
Filing a procurement correction request does not extend or suspend the deadline for filing an appeal with the Market Court. Both remedies have independent deadlines, and bidders should consider filing both simultaneously if the issue is serious.
Frequently Asked Questions
Does filing a procurement correction prevent an appeal to the Market Court?
No. The two remedies are independent. Filing a procurement correction does not suspend or extend the 14-day deadline for filing a Market Court appeal. A party may pursue both remedies simultaneously.
What is the deadline for requesting a procurement correction?
A party must file the request within 14 days of receiving the procurement decision together with its reasoning and appeal instructions. The contracting authority may self-correct within 90 days of the original decision.
Related Terms
Market Court Appeal
Learn about Market Court appeals in Finnish public procurement. How to challenge procurement decisions at markkinaoikeus under hankintalaki.
Appeal Period
Understand the appeal period and standstill period in Finnish public procurement. Critical deadlines for challenging procurement decisions.
Tender Evaluation
Learn about the tender evaluation process in Finnish public procurement. How contracting authorities assess and score tenders under hankintalaki.
Market Court
Learn about the Market Court (markkinaoikeus), Finland's specialised court for public procurement disputes. How it works and what it can decide.
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