According to the practice of the Commission for Protection of Competition, resolutions for termination of a procedure with participants are served only through CAIS EPP.
All participants should be considered as notified of the resolutions from the moment of their publication, and from that moment the 10-day term for appealing the resolution commences.
With its motives the Commission for Protection of Competition considers that the term for appealing the decisions of the contracting authority, according to article 9k, paragraph 1 of the Regulation for the Implementation of the Public Procurement Act, starts from the moment of its publication on the public procurement file in CAIS EPP. Article 9k, paragraph 1 of the Regulation for the Implementation of the Public Procurement Act states that the exchange of documents and communications between contracting authorities, candidates, participants and contractors is carried out through the platform.
It should be specified that according to Article 9k, paragraph 3 of the Regulation for the Implementation of the Public Procurement Act, the users of the platform are obliged to monitor their profiles for notifications, messages and documents. CAIS EPP also notifies the participants of new publications in the Buyer’s Profile about the procedures in which they participate.
The motives of the Commission for Protection of Competition are set out in an order, in case № КЗК -306/13.05.2020, namely Order № 471/11.06.2020.