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Debarment Release

Appeals

/ Appeals / Debarment Release
Subsidy Clawback Suspension & Penalty Surcharge Debarment Release

Once you are designated an ineligible contractor you cannot bid for any public body. The designation is published on the KONEPS portal, which affects how your trading partners see you.

The sanction runs for a fixed period.
Shortening that period is as real an objective as cancelling it.

When we
can help CASES

  • You have received advance notice of restriction on bidding for late performance or non-performance of a contract
  • A sanction has been signalled for false documents, breach of the direct-production rule, or collusion
  • The designation is already published on KONEPS and the sanction period is running
  • You need to bid during the sanction period and require a stay of execution
  • The fault lies with a subcontractor or partner, but the sanction has fallen on the prime contractor

Where it can be challenged GROUNDS

Attribution of faultWhether there was good reason for the non-performance, and whether the ordering body's own circumstances or force majeure played a part
Intent and gross negligenceWhether a simple error or minor fault has been treated as improper conduct
Length of sanctionWhether the period is excessive against the published table, and whether mitigating factors were applied
ProcedureWhether the contract review committee, the advance notice and the opportunity to be heard were handled lawfully

How it proceeds PROCESS

  1. 01
    Identifying the basisWhich provision is being applied, how many months are proposed, and whether there is room for mitigation.
  2. 02
    Statement and committeeWe set out the course of the contract and the unavoidable circumstances, and contest it at the review stage.
  3. 03
    Stay of executionIf a tender is under way, suspending the effect of the decision comes first.
  4. 04
    Administrative appealWe seek cancellation, or a shorter sanction period.
  5. 05
    Preventing recurrenceWe review your contract management process so the same ground cannot arise again.

What to prepare CHECKLIST

  • Notice or decisionThe document restricting your eligibility to bid
  • Contract documentsThe contract, the statement of work, official letters on commencement and completion
  • Record of performanceCorrespondence with the ordering body, evidence of material supply delays — anything showing the circumstances
  • Tender noticeWhere a stay is needed because a tender is upcoming

The period before the sanction starts matters most. Once it is published you are already locked out of tenders. Seeking advice at the advance-notice stage is by far the most effective.

CONTACT

Act before the tender door closes

Send us the advance notice and we will review the sanction period and where it can be contested.

TEL010-2829-3374 Request a consultation →