APPEALS AGAINST DECISIONS, ACTIONS OF INACTIVITY DURING THE TENDER

 In Ukraine, due to the adoption of tender legislation, public procurement for services, works and goods has become very common. Public procurement through the PROZORRO system is widespread not only among government agencies and state-owned enterprises, but also among private enterprises.

 Who can be challenged for actions, decisions and omissions during public procurement?

 First, you can appeal the decisions, actions and inaction of the tender customer. To do this, it is necessary to submit a complaint about violations of the current legislation by the customer to the permanent administrative board for consideration of complaints about violations of the legislation in the field of public procurement through the electronic procurement system. The required fee is charged for filing this complaint.

 The complaint must contain certain details, namely the name of the customer and the subject of the complaint. Also, the complaint must indicate the specific violations committed by the customer, justify them, as well as indicate the requirements of the subject of appeal.

 Complaints related to the tender documentation of the customer must be submitted after the announcement of the tender and no later than 4 days before the date of completion of the bid. If the complaint concerns decisions, actions, inaction of the customer after the last evaluation of proposals, the complaint must be filed within 10 days from the date of detection of the violation.

 After receiving a complaint, the Antimonopoly Committee may take one of two decisions: either a decision to accept the complaint for consideration, or to leave the complaint without consideration.

 After the Antimonopoly body accepts the complaint for consideration, the electronic system automatically stops the beginning of the tender, does not publish the customer's decision to cancel the share, to announce the tender as not having taken place. It is prohibited to enter into a procurement contract during the consideration of the complaint by the Antimonopoly Committee.

 Based on the results of the complaint, the appellate body decides either to satisfy the participant's complaint or to refuse to satisfy it. If the complaint is upheld, the Antimonopoly Authority establishes which violations were committed and obliges the customer to eliminate these violations.

 The decision of the Antimonopoly Committee is not the last resort, it can also be appealed by the complainant or the customer in court. An appeal against the decision of the Antimonopoly Committee must be filed within 30 days from the date of its adoption.

 If you want to appeal the results of the auction or the decision of the Antimonopoly Committee, then contact the professionals. Prikhodko & Partners will always be happy to help you.