CAN YOU CLEAR SUPPLY PURCHASES?

The Commission for the consideration of appeals for sub-contracts since June 1, 2017 has ceased its activities.

By Order of the State Enterprise "Foreign Trade of Ukraine" of April 13, 2006 No. 35 approved the Procedure for the implementation of sub-procurement, which regulated the procedure for the implementation of sub-procurement. In paragraph 14 of Order No. 35, a procedure for appeals for torting procurements has been filed.

In accordance with clause 14.1 of Order No. 35 in case of detection of violation during the period of clarification and on the decision of the Customer on qualification. The qualification decision may be filed within 2 business days. To re-evaluate, the fact of filing a claim is sufficient, after which the Customer can cancel his decision on the relevant participant.

After re-evaluation, the Customer may respond on demand, similarly to the response to it during the period of clarification, including a decision on it ("Satisfied", "Dissatisfied" or "Disapproved").

The User shall contact the Customer with the requirement to eliminate the violation during the procurement process (hereinafter - Requirement) through the appropriate electronic form.

The request must contain the following information:

• the name of the Customer, the decision, action or inactivity regarding which (the) the request is initiated;
• the number of the Procurement Notice for which the request is initiated;
• the grounds for filing the Claim, the reference to the violation in the process of procurement, the factual circumstances that can confirm this;
• the content of the requirements to the Customer and their justification;
• data allowing identification of the person applying (for legal entities - the name, EDRPOU code (if any) and the location or place of registration of the legal entity, for individuals - PI B. B., identification number / registration number of the registration card taxpayer (if any) and place of residence or place of registration of the person). In order to ensure equal conditions for all Participants, these data are not available to the Customer before the disclosure of the offers, and are displayed after the disclosure of the offers.

The request may also contain other information about the person applying.

All information on the appeal process is available to all Users from all Authorized Electronic Sites and on the website of the Authorized Body.

Information about the person who requested the request is closed.

In accordance with clause 14.2 of Order No. 35, the customer within 3 days considers the request, accepts and publishes a decision regarding it. During this period, the Customer must publish the response to the Requirement and (in case of satisfaction of the Requirement) make appropriate changes to the terms of the Procurement or review the decision on the disqualification and / or decision to determine the winner. Review of such decisions is possible only in the period prior to the signing of the contract. After selecting the status of the decision on the Requirement "Satisfied", "Disapproved" or "Not satisfied", the Client shall publish the reasons for his decision.

After placing the Customer's Response to the Requirement, the Requirement becomes "considered by the Customer", and the request initiator evaluates within 3 days the response "Requirement Satisfied" / "The Request is Not Satisfied":

• "The request is satisfied" - the request was answered by the requester;
• "The request is not satisfied" - the initiator did not satisfy the answer.

In accordance with Clause 14.4 of Order No. 35, consideration of the Requirements does not stop the procurement process.

 If the Customer ignores the request or the initiator's dissatisfaction with the response to sub-procurement, please contact the monitoring portal dozorro.org.

In addition, you have the opportunity to apply to the State Audit Office of Ukraine, which controls compliance with the law on public procurement.