Appealing tender procedures through the Antimonopoly Committee of Ukraine

Any person participating in tender procedures can expect to conduct procurement procedures within the limits determined by the current legislation. If during the procurement the rights of participants in tender procedures are violated, you should contact professional lawyers to appeal the tender procedures through the AMCU (Antimonopoly Committee of Ukraine). This is one of the main activities of PRIKHODKO & PARTNERS specialists.

Appealing tender procedures through the Antimonopoly Committee of Ukraine is an effective mechanism that allows you to defend the rights of participants, and also influences unscrupulous competitors, thereby ensuring the fairness of the decisions made. This factor is very important for representatives of the business sector. According to the new edition of the Law “On Public Procurement”, appeals against tender purchases are carried out at the expense of the plaintiff.

The content of the complaint for the implementation of the procedure for appealing the tender procedures

To file a complaint, you should consider what information it consists of. This is first of all:

• The name of the customer whose action/decision/omission is being appealed.
• Contact  of the subject of the appeal (name, surname, place of residence).
• Grounds for filing a complaint.
• Justification for the presence of violated rights.
• Requirements of the subject of the appeal with detailed justification.

Be sure to add to the complaint: materials and relevant documents in electronic form. They must confirm the illegality of the customer’s decisions or the violation of the procurement procedure.

Lawyers of PRIKHODKO & PARTNERS will be able to file a complaint and all the necessary documents.

In what cases can tender procedures be challenged through the Antimonopoly Committee of Ukraine?

Complaints to the Antimonopoly Committee of Ukraine are filed exclusively during super-threshold procedures, namely:

1. Open auction.
2. Сompetitive dialogue.
3. Deal framework.
4. Trading with limited participation.
5. Negotiated procurement procedure.

An appeal against tender procedures through the Antimonopoly Committee of Ukraine can be made in court within 30 calendar actions from the moment the decision is made public in the electronic procurement system.

According to some provisions of the Code of Administrative Procedure, it is established that a certain category of disputes is directly within the jurisdiction of administrative courts. Exclusive jurisdiction means that individual cases can only be tried by a particular court and are not subject to the general rules of jurisdiction and alternative jurisdiction.

For example, administrative courts have exclusive jurisdiction to hear cases concerning appeals against decisions of the AMCU bodies. However, this is not always possible. Each case is individual and requires expert advice.

Results of appealing tender procedures through the Antimonopoly Committee of Ukraine

All complaints filed against tender procedures are public. After the complaint is posted through the online platform, it is automatically entered into the complaint register, after which its registration card is generated. It is sent to the AMCU and the customer. Within 3 working days, the AMCU must consider the complaint and publish the relevant decision

• Acceptance of a complaint for consideration

The tender procedure is suspended while the complaint is being considered and until a final decision is made.

• Leaving a complaint without consideration

This decision may be made for the following reasons:

• The customer eliminated the violations indicated in the complaint.
• The complaint does not contain information regulated by the current legislation.
• The deadlines allocated for appeal were violated.
• Complaint filed for a violation that has already been dealt with in other complaints.
• Termination of the complaint.

This decision is made in connection with the complaint, the cancellation of the auction, etc.

In order to obtain expert opinions and consultations, the AMCU has the right to engage experts, outside specialists with solid knowledge for impartial and professional consideration of the complaint. Expert opinions can also be provided by the complainant and the customer. All these materials are attached to the materials on the consideration of the complaint.

The decision made by the Antimonopoly Committee of Ukraine is mandatory published on the online platform.

Why PRIKHODKO & PARTNERS?

To appeal the tender procedures through the Antimonopoly Committee of Ukraine, you will definitely need the help of professionals. Our specialists have successful practical experience in this area.

The key to the success of PRIKHODKO & PARTNERS is an individual approach to each specific case.

Contact for advice!