Explanation in the AMKU about the purchase

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David Gafter

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Explanation in the AMKU about the purchase

Reading time: 3 min.

The current legislation of Ukraine provides that a participant in public procurement has the opportunity to appeal any decision or inaction of the tender customer. In practice, this means that the tenderer submits a complaint to the appeal body (Antimonopoly Committee of Ukraine) within the prescribed period. However, the question arises, what should the customer do in this situation and how to protect his legitimate interests in the field of public procurement? This shows the relevance of this topic. Therefore, in this article, we will talk about how to correctly write an explanation in the AMCU, taking into account the provisions of the normative legal acts of Ukraine.

What should be understood by the explanations that should be submitted to AMKU about the purchase?

An explanation in the AMCU about procurement is a certain set of statements, which is built to describe the actions and inactions in the field of public procurement, which explains the reasons, context and consequences of these actions.

Therefore, explanations are submitted to the appeals body to refute the tenderer's claims set forth in his complaint.

Why is it necessary to submit an explanation in case of a complaint to the AMCU?

There are several reasons for submitting an explanation to the appeal body:

  • Abuse by the subjects of the appeal. Quite often in practice, participants in public procurement are not satisfied with the decisions of the tender customer, which leads to their filing a complaint with the AMCU. However, such complaints are often groundless, which indicates abuse of rights by the subject of the appeal. And therefore, to refute the complainant's claims, the best option would be to provide explanations on the case.
  • Justification of own position. Tender customers can write the most detailed explanations regarding their actions and inactions, and thus argue their own position on the case and refute the complainant's claims.
  • Legality of actions. In the explanations provided, the tender customer can describe in detail the fact that all his actions were carried out within the framework of the legislation, which negates the complainant's claims.

What mandatory stages of writing should an explanation consist of?

In practice, the following stages can be distinguished when writing explanations, namely:

  • Preliminary analysis of the complaint;
  • A brief summary of the circumstances;
  • Collection of evidence base;
  • Addition of AMCU practice for greater argumentation of the legality of one's own actions and inaction;
  • Sending explanations to the AMCU by sending them through the electronic public procurement system within 3 days before the date of the start of the review of the complaint by the appeals body.

Importantly! If you provide an explanation to the AMCU about the purchase, your personal presence as a tender customer is not mandatory, as your interests in the case can be represented by a legal representative.

If you want to write a reasoned explanation to the AMCU about the purchase, in this case, contact the Prykhodko and Partners law office. The company's lawyers are always ready to help our clients with drafting all the necessary procedural documents in the field of public procurement, because we perfectly understand the intricacies of this issue. So don't delay and come to us for a consultation!

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