Can an award for poorly applied subjective criteria be challenged?

Do you want to challenge an award because you think they applied the happy subjective criteria badly? If possible. But, be careful, it is not as easy as sending a pissed off and waiting for everything to be fixed. Here you have to move with head and, above all, follow the legal roll that you play.

First, the roll of criteria: in public tenders there are always two types, objectives and subjective. The objectives are easy, type "the lowest price" or "the shortest term". Come on, they are data and point. But the subjective ones ... my mother, there begins the mess. We talk about quality, design, post -sales service, whatever. These are those sections that depend on the criteria (or humor) of the jury that day.

The law, for example, the 2014/24/EU Directive (yes, that no one has read whole), says that subjective criteria can be used, but with a head. They have to be related to the contract and, please, well explained from the beginning. Nothing to "value creativity" and leave it in the air. If they do not, there you have a reef to protest.

Now, if you think they have made a mess with the subjective criteria and have left you out for the face, because you can challenge. But it is not enough to say "I don't like how they have valued my offer." You have to demonstrate something fatter: that they have been opaque, that they have put the leg in a big way or that they have directly cheated.

The process depends on where you are, but almost always touches a formal claim to whoever has given the contract. And there are deadlines, so nothing to fall asleep in the laurels. In addition, you have to get evidence, it is not worth just with kicking.

And, honestly, before throwing yourself crazy, get a lawyer to control public contracts. It can save you a dislike (and a few euros). Because, what is said, challenging is not free or fast. He is a fat brown and you have to think about it.

In summary: Yes, you can challenge if they have misused the subjective criteria, but you have to go with evidence and following the legal process. And, above all, these criteria have to be clear from minute one. If not, you go to the drama.