A bidder in a North Macedonian tender can challenge an unlawful decision, but only within short, preclusive deadlines. Procurement disputes first go to the contracting authority by objection, then to the State Appeals Commission (SAC), an independent second-instance body whose decision cannot be appealed, and finally to the Administrative Court in an administrative dispute. The Law on Public Procurement is aligned with EU Directive 2014/24/EU. Dimov & Partners represents bidders at every stage, in English, from the first deadline check to court representation.
In short: a rejected or excluded bidder in North Macedonia may file an objection with the contracting authority and an appeal with the State Appeals Commission, within deadlines of 3, 5 or 10 days depending on the procedure type; these deadlines are preclusive, so a late appeal is dismissed without substantive review. The SAC's decision can be challenged only in an administrative dispute before the Administrative Court. Contract signing is suspended until the final decision.
What does the service cover?
- Urgent assessment of the rejection, exclusion or award decision and the tender documentation, within the appeal deadline
- Drafting and filing objections to the contracting authority and appeals to the State Appeals Commission
- Representation in hearings before the State Appeals Commission
- Administrative disputes before the Administrative Court against SAC decisions
- Challenging tender documentation before bid submission, where the conditions are discriminatory or unlawful
- Bid-compliance review for foreign bidders, so an avoidable formal defect does not cost the tender
- Suspension of contract signing and protection of the bidder's position until a final decision
Who is this for?
- Foreign companies and consortia participating in North Macedonian tenders, in any sector
- Domestic companies whose bid was rejected, excluded or scored below a competitor's
- Contracting authorities and bidders that need a compliance check before a dispute escalates
Key facts at a glance
- Appeal deadlines are 3, 5 or 10 days depending on the procedure type, counted from receipt of the decision or from the event being challenged
- The deadlines are preclusive: a late appeal is dismissed without substantive review, regardless of its merits
- The State Appeals Commission decides within the statutory deadline after the case documentation is completed (3 days for small-value procurement via the electronic marketplace)
- No appeal lies against the SAC's decision; the only further remedy is an administrative dispute before the Administrative Court
- Contract signing is suspended until the decision becomes final, so a timely challenge preserves the bidder's position
- The Law on Public Procurement is aligned with EU Directive 2014/24/EU, which makes the framework familiar to EU-based bidders
Frequently asked questions
Can a rejected or excluded bidder appeal in North Macedonia?
Yes. The bidder may object to the contracting authority and then appeal to the State Appeals Commission, within preclusive deadlines of 3, 5 or 10 days depending on the procedure type. Because a late appeal is dismissed without substantive review, legal review should start on the day the decision is received.
How long do I have to file an appeal?
The deadline depends on the type of procedure and runs from receipt of the award, rejection or annulment decision, or from the event being challenged, with statutory windows of 3, 5 or 10 days. The exact type is identified from the decision itself, so send the decision for review immediately upon receipt.
Can the State Appeals Commission's decision be challenged further?
No appeal lies against the SAC's decision, but an administrative dispute may be initiated before the Administrative Court. That is a separate lawsuit with its own deadlines, for which the file prepared in the appeal stage is critical.
Can tender documentation be challenged before bids are submitted?
Yes. Discriminatory or unlawful tender conditions can be challenged during the open procedure, which is usually a stronger position than challenging an award afterwards. An early review of the documentation identifies these grounds in time.
Do you represent foreign bidders in English?
Yes. The entire cooperation can run in English: analysis of the decision and tender documentation, the appeal strategy, and coordination with your local or home-country team. Filings before the authorities are prepared in Macedonian by the firm.
What does representation in a procurement dispute cost?
Every case is first analysed in writing: send the decision and a short description of the tender. If the legal conditions for a challenge are confirmed, you receive a written engagement proposal with the scope of work and the fees, before any obligation on your side.
Related guides
- Rejected Bid in North Macedonia: deadlines, grounds and appeal strategy
- Public procurement exemptions in North Macedonia
- Administrative Law & Administrative Disputes
- Company Formation & Investment in North Macedonia
Written case analysis
Every case is first analysed in writing. Email the decision and a short description of the tender (procedure, decision date, stated grounds) to info@dimov.mk. If the legal conditions for a challenge are confirmed, you receive a written engagement proposal with the scope of work and the fees.
Email Your CaseThis text is general legal information. It is not legal advice for a specific case, nor an advertisement of legal services. For advice tailored to your situation, consult a lawyer.