HOW IS THE COLLEGE OF THE AMC WORKING?

In accordance with clause 14 of Article 1 of the Law of Ukraine "On Public Procurement", the Antimonopoly Committee of Ukraine is designated by the appeal body in the field of public procurement.

Clause 3 of Article 8 of the Law of Ukraine "On Public Procurement" defines: "The Antimonopoly Committee of Ukraine as an appeal body for the purpose of impartial and effective protection of the rights and legitimate interests of persons involved in the procurement procedures establishes a permanent administrative board (collegium) with consideration of complaints about violations of legislation in the field of public procurement. Decisions of the permanent administrative board (boards) are taken on behalf of the Antimonopoly Committee of Ukraine ".

Pursuant to Article 12-1 of the Law of Ukraine "On the Antimonopoly Committee of Ukraine", the permanent administrative colleges of the Antimonopoly Committee of Ukraine are formed by the Antimonopoly Committee of Ukraine from among the State Commissioners of the Antimonopoly Committee of Ukraine consisting of three persons. The permanent administrative board is headed by the first deputy or deputy chairman of the Antimonopoly Committee of Ukraine. That is, the body authorized by the law to deal with complaints is the permanent administrative board of the Antimonopoly Committee for the consideration of complaints about violations of legislation in the field of public procurement.

After placing the complaint by the subject of the appeal in the electronic system of procurement, the complaint is automatically entered in the register of complaints and its registration card is formed. The complaint together with the card on the day of placing is automatically disclosed on the portal of the authorized body.

After entering the register, the complaint with the supporting documents and its registration card are automatically sent to the appeal body and the customer. In accordance with clause 2 of part 6 of Article 18 of the Law of Ukraine "On Public Procurement", the time for consideration of a complaint by an appeal body is 15 working days from the date of commencement of its consideration.

In accordance with part 7 of Article 18 of the Law of Ukraine "On Public Procurement", in case of acceptance of a complaint to the consideration, the electronic procurement system automatically suspends the beginning of the electronic auction and does not disclose the procurement agreement and the report on the results of the procurement procedure. The customer is forbidden to take any actions and to make any purchasing decisions, including the conclusion of a procurement contract, except for actions aimed at eliminating the violations specified in the complaint. In case of elimination by the customer of the violations specified in the complaint, the customer within one working day from the moment of the elimination of the violation should notify the appeal body and place an acknowledgment in the electronic system.

Within three working days, the AMCU panel is obliged either to take a decision to accept a complaint for consideration if the complaint complies with Article 18 of the Law of Ukraine "On Public Procurement" or to decide on the abandonment of the complaint without consideration if the complaint does not comply with the said Article.

At this stage, only compliance with Article 18 of the Law of Ukraine "On Public Procurement" is checked: whether the terms of filing a complaint and the requirements to it are met.

After the expiration of three working days, the AMC panel checks whether all written in the complaint is in conformity with the procurement procedure and indicated in the tender documentation. This is called the consideration of a substantive complaint, which should be considered within 15 working days.

The decision of the AMCU Collegium is final, as the appeal body does not follow the course of electronic trading and the conclusion of contracts and additional agreements.