How to challenge the tender results in Ukraine?

The Ukrainian law on public procurement provides for tender procedures for procurement of goods, services and works by state bodies and enterprises. This mechanism aims to ensure transparency, efficiency and equal conditions for all participants. However, sometimes participants in tender procedures may be dissatisfied with the results of the tender and believe that their rights have been violated. In such cases, the law provides an opportunity to challenge the results of the tender through special procedures.

The procedure for contesting tender results

Contesting tender results is carried out in accordance with the Law of Ukraine "On Public Procurement", as well as current administrative and procedural legislation.

The appeal procedure includes the following stages:

1.1. Complaint to the customer

After announcing the results of the tender and making a decision on the winner, tender participants who believe that their rights have been violated have the right to file a complaint with the customer. The complaint must be submitted in writing and contain all justifications for violations during the tender procedure. The customer is obliged to consider the tender participant's complaint within 5 working days from the date of its receipt. During the review of the complaint, the customer has the right to request additional evidence from tender participants or other interested parties.

For sub-threshold purchases, this is essentially the only way to file a complaint in a pre-trial procedure.

However, very often customers ignore the reasons for such complaints, and this method is considered the least effective. However, the very existence of complaints can be taken into account at the following stages.

1.2. Complaint to the control body (Antimonopoly Committee of Ukraine)

If the tender participant does not agree with the customer's decision or if the customer does not consider the complaint within the specified period, the participant has the right to file a complaint with the public procurement control body. This body is independent from the customer and supervises compliance with the legislation on public procurement. In Ukraine, the Antimonopoly Committee is such an appeal body. At the same time, consideration of the case is paid - the fee is paid in the amount of 0.3% of the purchase price, but not less than UAH 3,000.

This body carefully considers all arguments of complaints and has the right to oblige the Customer to cancel the wrongful decision. If the case is considered in your favor, the fee is returned to the complainant.

1.3. Court appeal

The tenderer has the right to appeal both the customer's decision and the control body's decision in court (file an administrative lawsuit). A judicial appeal is submitted in accordance with the requirements of the Code of Administrative Proceedings. In such legal proceedings, there is a "presumption of guilt of the state body", i.e. it is the Customer who is responsible for proving the legality and legality of his actions.

Importantly! The lawsuit requires the payment of a court fee, but in the event of a decision in favor of the Complainant, all court costs are charged to the Defendant.

Contesting tender results in the Prozoro system!

A correct and timely procedure for contesting tender results is important to ensure fairness, transparency and democracy in tender procedures. Filing a complaint allows participants to ensure that their rights have been properly considered and that the winner has been decided in accordance with the law.

Taking into account the fact that the appeal procedure has clear deadlines, tenderers should be well acquainted with the rules and procedures governing tender procurement in Ukraine. It is important to apply to the relevant authorities and courts in a timely manner, as well as to provide sufficient evidence regarding possible violations of the tender rules.

Challenging tender results can be a complex and lengthy procedure, so participants are advised to obtain legal advice regarding their rights and options. Professional lawyers with experience in the field of public procurement of the law firm "Prykhodko and Partners" can provide assistance and support during the appeal process and fully support such a process.