Almost every one of us, unfortunately, was forced at least once to learn what a court, a court decision, its appeal is. It is always stressful for ordinary citizens. Going to court is a forced step aimed at protecting the legitimate interests and rights of the individual.
An important element of a modern procurement system is the ability to appeal customer decisions.
Such an opportunity, on the one hand, has a positive effect on strengthening the system itself, on the other hand, it allows public procurement providers to correctly interpret the requirements that apply to them. If you need to appeal the decision of customers through the court, PRIKHODKO & PARTNERS specialists will help you with this.
Features of the legislative framework
The procedure for consideration and consideration of complaints, the list of decisions taken by the appeal body is regulated by Article 18 of the Law of Ukraine “Procedure for Appeal of Procurement Procedures”. In addition, the second part of Article 18 of the Public Procurement Law states that complaints related to the Procurement Agreement can be appealed through the courts. Important: the decisions of the body of the Board of the Antimonopoly Committee of Ukraine can be appealed by the customer in court within 30 days from the moment the decisions were made in the electronic procurement system.
The Administrative Board for Considering a Complaint on Violation of Legislation in the Sphere of Public Procurement is a permanent body of the Antimonopoly Committee of Ukraine.
The main evidence in the process of considering the case is the tender documentation of the customer, as well as the documentation that the complainant provided / did not provide. The customer must prove that the participant really did not provide the necessary documents or provided them with certain violations.
What decisions can be challenged?
- Litigation related to procurement can be varied. Among the main ones:
- Complaints on tender documentation, inaction/decisions of the customer
The complaint is relevant in the event that the deadline set for the submission of tender proposals has not expired. Such complaints may be submitted no later than 4 days before the date set for the submission of proposals for tenders.
Cost of appealing customer decisions
Subjects of appeal at this stage have the right to appeal against the illegality of the conditions specified in the tender documentation. Among such conditions, in particular, discrimination of suppliers due to certain technical specifications.
Important: the subject of the appeal must make sure that his complaint can be called exhaustive. Submission after some time of additional complaints concerning other aspects of the tender documents is not allowed. It is impossible to appeal the tender documentation later than the specified period.
- Complaints related to decisions made, inaction, actions of the customer that occurred after consideration of the tender documents
The procedure for considering such complaints is provided for by parts 2 and 12 of Article 29 of the Law.
They are submitted within 5 days from the date of publication of the complaint in the electronic procurement system. At this stage, it is possible to appeal against the decision to admit tenders of bidding suppliers.
In the case of a simplified purchase, the claim may relate to decisions of the purchaser made after the auction. It will not be possible to demand amendments to the simplified procurement in a judicial proceeding. The only thing that can be done is to demand that the decision of the Commissioner for Simplified Procurement be declared illegal and canceled. The main thing is the question of expediency.
In most cases, bidders who are dissatisfied with the customer’s decisions give advance notice of this by submitting a demand in the electronic procurement system.
Why PRIKHODKO & PARTNERS?
Appealing decisions of customers through the court is one of the activities of PRIKHODKO & PARTNERS lawyers. Without a doubt, everyone should mind their own business. Only real professionals will allow you to achieve the desired result – to get a profitable contract or challenge the decision of customers.
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