Analysis on procedure of protests to tender process (competences and procedures) with glance on England and US law

Tender complaints board is constituted according article No. 7 tendering procedure Act for reviewing tender complaints between tenderers and government agency, holding tender. competency between this board and judicial courts are observed with the priority of the mentioned board. Being judicial or administrative nature of this board is point of dispute, which effects on parties’ rights to understand which jurisdiction can appeal board decision. Because of the board is an exceptional turbinal, so it has exceptional competency to review the complaints are brought before, therefore any doubt in the board competency will lead us to general competency of judicial courts. In USA for resolving these disputes, civilian and armed board of contracts appeals have competency which their decisions caul be reviewed by Federal Court of Claims. At England all the disputes brought before high court of justice.