Reading time: 4 min.
Since the creation of public procurement in Ukraine, they have become more and more relevant every year. This is primarily due to the fact that open auctions give citizens the opportunity to monitor where budget funds are actually spent and thus help to fight against various manifestations of corruption. In addition, public procurement ensures competition among suppliers of goods, contractors or service providers, which allows for efficient use of funds. However, in practice, it often happens that open tenders are held with numerous violations of Ukrainian legislation and, as a result, tender participants try to challenge their results. And therefore, in this article, we will talk about how to appeal a tender in Prozorro, taking into account the current regulatory and legal acts of Ukraine.
What is the purpose of tender appeal in Prozorro?
Usually, the appeal procedure in Prozorro is used only with the sole purpose of protecting and restoring the violated rights of a participant in tender procedures that were violated as a result of illegal actions or, on the contrary, inaction of the customer of public procurement. The appeal procedure can be initiated by both a natural person and a legal entity whose interests or rights have been violated.
What are the legal grounds for contesting a tender in Prozorro?
In Ukraine, the regulation of the tender appeal procedure is determined by the Law of Ukraine “On Public Procurement”, which provides for the possibility of submitting a request for the annulment of the decision on the selection of the tender winner, recognizing the tender as not having taken place, changing the terms of the tender documentation and many other measures.
What are the features of contesting a tender in Prozorro?
Complaints about the decision or inaction of the tender customer are submitted only in the format of an electronic document through the electronic platform. A natural or legal person who is the subject of an appeal fills out the appropriate form, which is available electronically on the site. After filling out the form, the system enters this complaint into the register and creates its registration card. This complaint is published on the platform in the future and becomes public. The final recipients of this complaint are the Antimonopoly Committee and the public procurement customer.
What information should the complaint contain?
If you submit a tender complaint to Prozorro, it must contain the following information:
- The object of the appeal is the actions or inaction of the public procurement customer that you plan to appeal;
- The subject of the appeal – the full name of a natural person or the name of a legal company, its place of registration and actual location;
- Legal grounds for the possibility of filing a complaint – a reference to the facts that the customer has violated the norms of current legislation in the field of public procurement;
- Justification of the complaint – indicate why the complaint should be satisfied on one or another basis;
Importantly! The complaint should also include documents and materials in electronic format that confirm the facts that the customer violated the requirements of the current legislation in the field of public procurement. It is also mandatory to attach a certificate (receipt) about the payment of the appropriate fee for submitting a complaint to the public procurement appeals body. Such a duty is established by relevant resolutions of the Cabinet of Ministers of Ukraine.
Do you want to challenge a tender in Prozorro, but you cannot understand the legal procedure, how it works in practice? In such a situation, be sure to contact qualified lawyers – the “Prykhodko and Partners” law office. Our team not only has thorough knowledge in the field of public procurement, but also has many years of experience working with tenders throughout Ukraine, which allows us to provide our clients with only high-quality legal services. So don’t delay and come to us for a consultation!