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Case: A legal opinion was drawn up on the possibility of appealing the tender customer’s decision through the AMCU

Tender support
Reading time: 2 min.

Authors of the case: Iryna An

Case services: Filing a complaint to the Antimonopoly Committee of Ukraine / Consultations on public procurement

The client took part in the procurement of construction works and engaged subcontractors and equipment under lease agreements. The complexity of the tender consisted in a large number of conditions that the Customer specified to confirm the availability of the material and technical base and employees with appropriate educational qualifications. At the same time, a number of such conditions could actually be recognized as narrowing competition and appealed, but the Client decided to try to provide all the documents and explanations in order to conduct the public procurement faster.

During the evaluation of the proposal, the Customer requested additional information regarding points of reference and supporting files for MTB and employees (the request contained more than 12 clarifications).

The client provided the information, despite this, his offer was rejected by the Tender Customer, which was reported in the minutes.

In order to analyze the possibility of challenging such a protocol on all submitted documents, the Client turned to the law firm “Prykhodko and Partners”.

We analyzed all the requirements of the customer’s tender documentation for compliance with the law, as well as all documents of the Client as a participant for compliance with the requirements of the tender documentation. In total, the volume was more than 40 different files and documents.
During the analysis, it was found that the Customer made an illegal decision on most of the points of deviation, but the Participant made a mistake when submitting updated documents, replacing one of the equipment models with another and not providing documents related to it.

As a result of such a regrettable mistake, one of the reasons for the rejection was completely legitimate, and therefore, when making a decision, the AMCU would exclusively change the reasons for rejection, but would leave the final resolution in force – to reject the participant’s proposal.

In this way, the client would spend time and money on appeals without an effective result, since he can take part in a newly announced tender.

Separately, the client was recommended to appeal such a decision in court, as the court will consider the reasons for rejection more comprehensively and may recognize the decision as illegitimate in general, even if there is only one reason for rejecting the participant.

Photo of the legal opinion:

The client was provided with a legal opinion on all points, and it also contained all recommendations.

Since we analyze all the tender documents and the Customer’s requirements in detail, the company “Prykhodko and Partners” can be your effective assistant when submitting tender documents, as it will be a safeguard against mistakes when submitting documents and complaints to the AMCU.

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1 question

Do you need to appeal the results of the tender at the AMKU?

Yes
No
2 question

Do you need to conduct an analysis and provide a legal opinion on the possibility of appealing the tender customer's decision?

Yes
No
3 question

Does the tender amount exceed UAH 500,000?

Yes
No
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