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Part 4 · Award of Public Contracts and Concessions  ›  Division 3 · Immediate Appeal › Section 181

Claim for Damages Arising from Reliance

If the contracting authority has violated a provision intended to protect undertakings, the undertaking may claim damages for the costs incurred in connection with the preparation of the tender or the participation in a procurement procedure if, without such violation, the undertaking would have had a real chance of being awarded the contract after assessment of the tenders, and provided that such chance was impaired as a consequence of the violation. Further claims for damages shall remain unaffected.

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