Newsletter
NO ADMINISTRATIVE APPEAL AGAINST AGENCIES' HANDLING OF SMALL PROCUREMENT OBJECTIONS
In an interpretation dated 8 March 2007, the Public Construction Commission confirmed that government procurement is not an act in exercise of public authority but falls within the domain of private law. Furthermore, according to an in-terpretation issued by the Ministry of Justice ("MOJ") on 25 December 2001, the State Com-pensation Act and its Enforcement Rules are not applicable to a dispute arising from a govern-ment procurement proceeding. Thus, the out-come of an agency's handling of a bid protest is not an "administrative disposition," and therefore cannot be the subject of administrative appeal procedures.