Filing a complaint to the appeals body (AMCU) is one of the effective mechanisms for protecting the rights and legitimate interests of both participants in public procurement and directly their customers. This contributes to the fact that in a situation where one of the parties violates the legislation in the field of public procurement, an independent arbitrator appears who objectively examines the evidence in the case and renders a fair decision.
However, in practice, there are often such cases when a complaint is filed against one of the parties in public procurement, but at the same time, the other tenderer denies the existence of violations of the law on his part and wants to provide an explanation of the situation that happened. In this case, he writes a response to the complaint to the AMCU. Lawyers of the “Prykhodko and Partners” law firm will help you to correctly write all the necessary documents for appealing a complaint to the AMCU.
How to legally competently write a response to a complaint to AMCU?
The correctness of writing a response to a complaint to the AMCU consists of the following stages:
- Legal analysis of the complaint. To begin with, it is necessary to get acquainted in detail with the content of the requirements stated by the complaining participant in the submitted complaint, to analyze whether the legislation in the field of public procurement was observed and, in general, to assess the possible chances of making a positive decision on the case;
- Justification of the stated circumstances. After the preliminary analysis of the complaint has been carried out, the participant in public procurement needs to meaningfully justify his position on the case, as well as indicate that his actions do not violate the current NPAs in the field of public procurement;
- Gathering the evidence base. At this stage, it is necessary to attach all the available evidence in the case, which prove the legality of the actions taken in the field of public procurement and refute the arguments of the complaining participant. Usually, the evidence base is formed in the form of appendices to the response to the complaint, which must be uploaded to the electronic public procurement system;
- Analysis of AMCU practice. When defending your own position, you should definitely monitor the practice of the Board’s decisions on the issue contested in your procurement procedure. Having identified the positions of the Board, you will be able to formulate valid and appropriate answers. In addition, it is worth referring not only to the decision of the appeals body, but also to court verdicts, conclusions of the State Security Service, normative legal acts that confirm your position.
- Sending a response to a complaint to AMKU. At this stage, it is necessary to send all the collected documents to the AMCU through the electronic procurement system with the mandatory imposition of a qualified electronic signature (KEP).
Importantly! Materials that the subject of the appeal or the customer considers necessary to include in the consideration of the complaint must be submitted through the electronic procurement system no later than three working days before the date of consideration of the complaint by the permanently operating administrative board (boards) of the AMCU for considering complaints about violations of legislation in the field public procurement.
If you need to write a response to a complaint to the AMCU, but you do not know all the legal intricacies of executing the necessary document, then in this case, contact the Prykhodko and Partners law office.
Our team of lawyers has many years of practical experience in various fields of law, which guarantees you the high-quality execution of any documents in the field of public procurement. In addition, we always work for the result for our clients. To calculate the price for writing a response to a complaint to the AMCU, fill out the form below.