Challenging the conditions of the tender documentation

An important element of the modern public procurement system is the possibility of challenging the decisions of the customers and the terms of the tender documentation. This, on the one hand, significantly reduces the discrimination of participants and the corruption component, on the other hand, it significantly increases the quality of purchases, thereby strengthening the system itself. Challenging the conditions of the tender documentation is one of the areas of work of “PRIKHODKO & PARTNERS” specialists.

Peculiarities of contesting tender documentation conditions

The appeal of the conditions of the tender documentation is carried out through the Antimonopoly Committee of Ukraine. In accordance with Part 1 of Article 18 of the Law of Ukraine “On Public Procurement”, the Antimonopoly Committee allows effective protection of the legal interests and rights of persons related to participation in procurement procedures.

Challenging the conditions of the tender documentation is possible only in some situations, for example, when it concerns the conduct of “above-threshold” procurement procedures:

• Open bidding.
• Competitive dialogue.
• Framework agreement.
• Negotiated procurement procedure.
• Auctions with limited participation.

Any natural or legal person who believes that the customer violated their interests and rights during the procurement process can challenge the terms of the tender documentation. Submitting an application to the Antimonopoly Committee on your own is quite difficult. It is better to entrust this matter to real professionals.

Contesting the conditions of the tender documentation is carried out at the stage of submission of proposals. Complaints regarding the tender documentation can be submitted from the moment of publication of the announcement of the bidding. The maximum deadline is no later than 4 days before the date set for submission of proposals for tenders.

Challenging the conditions of the tender documentation: when is the complaint not considered?

The complaint remains unconsidered in the following cases:

1. A complaint is filed regarding the same violation that was already the subject of review by the appeals body.
2. The subject of the appeal did not pay the fee stipulated by Part 1 of Article 18 of the Law of Ukraine “On Public Procurement”.
3. The complaint does not meet the requirements of the article “On public procurement” (parts one and two).
4. The customer eliminated the violations that were mentioned in the complaint.

At what stages can the tender documentation be contested?

The complaint consists of mandatory elements that contain the following information: the name of the customer whose decision/action/inaction is contested. An important place is also given to the grounds for filing a complaint, referring to a violation of the procurement procedure.

For example, a complaint can be filed against discriminatory requirements contained in the technical task, discriminatory requirements in the qualification criteria, etc.

As it was indicated above, the deadline for submitting a complaint is from the announcement of the procurement and no later than 4 days before the final date of submission of the proposal.

A complaint can be filed at the stage of qualification or pre-qualification.

Qualification stage

The complaint is submitted immediately after the evaluation of tender offers of the participants. For example, it is possible to appeal against the unlawful rejection of a tender participant’s proposals, etc.

The complaint must be filed within 10 days after the subject of the complaint received information about the violation of his rights.

Pre-qualification stage

Complaints at this stage are submitted regarding decisions made, actions/inactions of the customer, which occurred already after tender offers were considered for compliance with the customer’s qualification and technical requirements.

The complaint must be submitted within 5 days from the date of publication of the protocol for consideration of tender proposals. The complaint is sent in the form of an electronic document through the electronic procurement system.

Why “PRIKHODKO & PARTNERS” in particular to challenge the conditions of the tender (tender documentation)?

Specialist lawyers of “PRIKHODKO & PARTNERS” will help you challenge the conditions of the tender documentation. All you need to do is sign up for an individual consultation with our specialists. At the preliminary consultation, we will also calculate the cost of the service.

The key to our success is an individual approach to each specific case. The requirements of customers and the possibilities of tender participants are diverse. The main thing is to enlist the support of real professionals.

We are waiting for consultations! Fill out the form below to calculate the price of our lawyers’ assistance in the case of contesting the terms of the tender documentation.