During the functioning of the electronic system of public procurement, the issues of proper preparation of the necessary documents, which will ensure effective participation, victory and financial prosperity of your company, are significantly relevant.
That is why you need to have reliable and professional legal support that will help solve the most common problems: what you need to participate in the tender, how to participate in the tender transparently, how the tender is conducted, how to win the tender, appeal the tender results, how to write a complaint customer, discriminatory requirements in the tender documentation, disqualification of the bidder transparently, etc.
In this context, consider one of the main areas of public procurement: the procedure for appealing to the Antimonopoly Committee of Ukraine.
Complaints on the terms of the tender documentation, decisions made by the customer or his inaction, which occurred before the end of the period of acceptance of proposals shall be submitted by the bidder from the date of announcement of the procurement, but not later than 4 days before the end of the period of acceptance of proposals.
Complaints concerning the decisions, actions or omissions of the customer, which occurred after the evaluation of the proposal of the participants (qualification), are filed within 10 days from the date of publication by the customer of the intention to enter into a contract.
Complaints concerning the decisions made by the customer or its inaction, which occurred at the pre-qualification stage after the evaluation of tender proposals for compliance with technical requirements and qualification criteria, are submitted by the bidder within 5 days from the publication of the protocol of tender proposals.
The participant submits a complaint to the Antimonopoly Committee of Ukraine in the form of an electronic document through its electronic platform. After its placement in the electronic system, the complaint is automatically entered into the register of complaints and its registration card is formed. The complaint together with the registration card on the day of placement shall be published on the web portal of the Authorized Body.
The complaint should contain the following:
- the name of the customer (USREOU code and the name of the institution), whose decisions are appealed;
- name (title) and place of residence (location) of the complainant;
- grounds for filing a complaint, reference to violations of the procurement procedure or decisions, actions or omissions of the customer with mandatory confirmation of the fact of such violations;
- substantiation of the presence of detected violations;
- supplier requirements and their justification.
The complaint must be accompanied by a document and materials in electronic form (in particular, files in pdf format), confirming the violation of the procurement procedure or illegality of decisions, actions or omissions of the customer and a document on payment for filing a complaint.
The fee for a complaint is UAH 5,000 for goods and services and UAH 15,000 for works.
Possible decisions of the Appellate Body:
- the presence of a violation has been established;
- no violation was established.
All decisions take effect from the date of their adoption and are binding.
If the customer is not satisfied with the decision of the AMCU, he can appeal in court within 30 days from the date of its publication in the electronic system. The complainant also has a full right to do so.