How to file a complaint to challenge public procurement?

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David Gafter

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How to file a complaint to challenge public procurement?

Reading time: 4 min.

Filing a complaint about public procurement is one of the mechanisms for protecting the rights of tender participants, since in this case it is possible to appeal to an independent appeals body (the Antimonopoly Committee of Ukraine), which will investigate the case on its merits, examine all the necessary evidence, and then make a final decision on based on the studied facts. However, in order for the complaint to bring a certain result, the public procurement participant must understand how to write it correctly and what must be noted. In this article, we will talk about how to file a complaint to challenge public procurement, while analyzing the provisions of current Ukrainian legislation.

What are the most common types of complaints?

As of 2023, the following types of complaints in the field of public procurement can be identified in Ukraine, namely:

  • complaint regarding the conditions of the tender documentation;
  • contesting the results of the conducted tender;
  • appeal against the cancellation of the tender at the request of the customer;
  • a complaint about improper rejection of a tender offer;
  • appeal against illegal disqualification of a tender participant, etc.

How should a public procurement appeal be filed?

First of all, it is necessary to refer to the provisions of the relevant normative legal act, which regulates the procedure for filing a complaint in the field of public procurement, namely Article 18 of the Law of Ukraine "On Public Procurement", since it specifies a mandatory list of requirements for a complaint, namely:

  • the full name of the customer of the decision, his actions, as well as inaction that is subject to appeal;
  • full name (for individuals - full name, for legal entities - company name), place of registration or residence of the subject of the appeal;
  • indication of the grounds on which the complaint is filed, description of the facts that the tender procedure itself was violated by the public procurement customer or his decisions or inaction were illegal. It is also necessary to indicate the factual circumstances that can confirm the facts described by you;
  • justify that the decisions taken by the customer or the inaction shown contradict the current legislation of Ukraine in the field of public procurement, as well as violate your protected rights and legitimate interests as a tender participant;
  • specify a clear list of the evidence base, which indicates that the customer has violated the legislation in the field of public procurement and confirms that the subject of the appeal has violated rights and legitimate interests. This should be noted when the complaint concerns the conditions of the tender documentation or decisions made before the
  • deadline for submitting tender offers;
  • specify the claims of the subject of the appeal and give their detailed justification.

Advice! If you want to file a legally correct complaint, please contact the "Prykhodko and Partners" law office, as we understand the preparation of all necessary documents in the field of public procurement (tenders).

Is submitting a complaint to the appeals body free or paid?

This issue is regulated by the Resolution of the CMU dated April 22, 2020 No. 292, which states that filing a complaint in the field of public procurement with the AMCU is subject to a fee.

The cost of filing a complaint depends on the subject of the appeal, namely:

  • if the terms of the tender documentation are contested, the fee is 0.3% of the expected cost, but not less than UAH 2,000 and not more than UAH 85,000;
  • if the customer's decisions are contested, the fee is 0.6% of the expected cost, but not less than UAH 3,000 and not more than UAH 170,000.

Do you need to file a public procurement complaint? In such a situation, the law office "Prykhodko and partners" will come to the rescue. Our lawyers are always ready to advise you on issues in the field of public procurement.

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