Appealing the tender customer’s decision on disqualification

The possibility of appealing the tender customer’s decision on disqualification is an important element of the Ukrainian public procurement system. This is explained by the fact that public procurement is based on the principles of openness and proportionality, which is the key to building a certain level of trust between customers and bidders. However, in practice, there are cases when the implementation of the tender selection takes place through the emergence of controversial issues and contradictions, which ultimately leads to the disqualification of its participants and the withdrawal of certain applications from the tender. This shows the relevance of this topic today. Therefore, in this article, we will talk about how you can appeal the decision of the tender customer on disqualification, taking into account the provisions of the current legislation of Ukraine.

How is public procurement regulated in Ukraine?

The main normative legal acts regulating this area of legal relations are the Law of Ukraine “On Public Procurement” and Resolution of the CMU dated October 12, 2022 No. 1178, which define the general concepts of the mechanism of conducting tenders, as well as the procedure for contesting public procurement.

What provisions does this law contain regarding the appeal of the tender customer’s decision on disqualification?

Article 18 of the Law “On Public Procurement” specifies that the Antimonopoly Committee of Ukraine, as a body that directly protects the rights and interests of citizens in the field of public procurement, forms the appropriate Commission, which considers complaints about violations of the legislation of Ukraine in the field of public procurement. Thus, the commission is authorized to review the decisions of the tenderers regarding the disqualification of its participants.

What are the features of appealing such decisions?

First of all, it should be noted that such a complaint is submitted in the form of an electronic document through an electronic platform. In addition, such a complaint must have the EDS of the person submitting the complaint. In cases where a citizen contests the terms of the tender documentation, appropriate evidence confirming these facts must also be submitted together with the complaint. Further, such a complaint is entered into the relevant register and a registration card is created for it, which contains the very content of the complaint, the date and time of its submission through the electronic platform, the assigned serial number of such a complaint, as well as the unique number of the announcement of the competitive procurement procedure.

Is it necessary to pay a sum of money for filing such a complaint?

Yes, but the amount will vary depending on the purpose of filing such a complaint.

If a citizen disputes the provisions of the tender documentation, the fee will be 0.3% of the expected value of the procurement item, but it cannot be less than UAH 2,000 and not exceed UAH 85,000.

If a citizen files a complaint against the decision of the tenderer, the fee will be 0.6% of the expected value of the procurement item, but it cannot be less than UAH 3,000 and not exceed UAH 170,000.

Advice! If you need to appeal the tender customer’s decision on disqualification, contact the “Prykhodko and Partners” law office, we will provide you with detailed advice on this matter.

What is the deadline for appeal?

Within 5 days from the moment when the subject submitting the complaint learned about the violation of his rights as a result of the customer’s decision or inaction, but no later than the day of concluding the purchase contract.

What are the grounds for filing a complaint?

If you believe that the customer for the tender conducts manipulations with public procurement or commits any other inaction (for example, it may be a violation of the public procurement procedure), while violating the law, then in this case you have the right to file a complaint.

Why should you contact the Prykhodko and Partners law firm?

The public procurement appeal procedure itself is a rather complex process, as it requires knowledge of how it should be carried out in practice, as well as the availability of relevant experience. In addition, you also need to understand what other legal nuances may exist when considering your complaint, if of course you want to win the case.

The presence of qualified partners helps to take into account all these features of appealing the decision of the tender customer on disqualification, and also provides you with reliable support at all stages of such a procedure. Do not delay and contact us for help!