Appeal against cancellation of purchase

Cancellation of the tender by the customer may lead to significant losses for participants who have spent time and resources on preparing the tender offer. For some, it may even be the first tender received, and one must know one’s rights and opportunities. In some cases, the customer can actually refuse the purchase without breaking the law. But this is an exhaustive list of situations.

In what cases does the customer have the right to cancel the purchase?

According to the Law of Ukraine “On Public Procurement” (hereinafter – the Law), the customer has the right to cancel the tender in the following cases:

No further need for goods, works or services:

• The customer is obliged to justify the lack of further need by providing clear and comprehensive evidence.
• It is necessary to clearly distinguish between the temporary lack of need and the final refusal of the purchase.
• Examples:
  • Change of priorities in the budget.
  • Cancellation of the program for which the purchase was made.
  • Identifying an alternative way to solve the problem.

Impossibility of eliminating violations that occurred during the tender:

• Violations must be significant and entail risks for the customer.
• The customer must take all possible measures to eliminate the violations before initiating the cancellation of the tender.
• Examples:
  • Violations of the tender documentation that cannot be corrected.
  • Detection of falsification of documents.
  • Non-compliance by tender participants with established requirements.

Detection of violations that indicate unfair competition:

• Violations must be clearly recorded and proven.
• The customer must contact the law enforcement authorities to investigate and bring the culprits to justice.
• Examples:
  • Conspiracy between tender participants.
  • Artificial creation of obstacles to participation in the tender.
  • Use of unfair methods of competition.

Amendments to the legislation that make it impossible to hold a tender:

• The changes must be significant and make it impossible to purchase in this format.
• The customer cannot ignore the new legal norms.
• Examples:
  • Cancellation of tender procedures for a certain type of procurement.
  • Making changes to the technical characteristics of goods, works or services.

Failure to submit any tender that meets the tender conditions:

• The absence of tender offers is not always a reason for cancellation.
• The customer can re-announce the tender, if necessary, taking into account the reasons for the lack of tender offers.
• Examples:
  • Tender conditions are too strict.
  • Imperfect tender documentation.
  • Unrealistic price offers.

Lack of sufficient funds:

• Lack of funds must be documented.
• The customer is obliged to review the procurement budget and, if possible, allocate additional funds.
• Examples:
  • Unforeseen budget expenses.
  • Exchange rate change.
  • Decrease in income.

In other cases, most likely, the customer violates the current legislation: the decision to appeal the cancellation of the purchase can be appealed with the help of the AMCU.

It is important to note that the customer is obliged to:

• Publish on the web portal of the Authorized Body for Public Procurement a notice of cancellation of the tender within 5 days from the date of adoption of the relevant decision.
• Indicate the reasons and grounds for its cancellation in the notice of cancellation of the tender.

Support of the appeal of the cancellation of the purchase

Supporting the appeal of the cancellation of the procurement is an important stage for protecting the rights of participants in the tender procedure. Our law firm provides a full range of services in this area, providing professional support to each client at each stage of the appeal.

• Our lawyers conduct a detailed analysis of all circumstances related to the cancellation of the purchase, including a review of documentation, procedural deficiencies and possible violations of the law.
• Based on the analysis, we develop an individual appeal strategy, taking into account all legal aspects and interests of the client.
• Our team prepares all the necessary documents for filing an appeal, including a complaint, evidence of violations and other legal materials.
• We ensure the correct and timely submission of the appeal to the relevant authorities and control the process of its review.
• Our lawyers represent the client’s interests at all stages of the case, ensuring high professional security.
• We provide ongoing advice and support to clients in all matters related to the appeal of the cancellation of the purchase, including individual advice and clarification of legal information.

Contact us, and our experienced team will provide professional and efficient support in the matter of appeal of the cancellation of the purchase. Our goal is to protect your rights and interests using the best legal practices and approaches.

Need a consultation or want to know the cost.