Complaint against the tender customer’s decision

The competition in tendering is extremely high and sometimes the customer may make a decision that you do not think is objective or fair. In such cases, it is important to know your rights and opportunities to effectively challenge this decision. Our experts will help to send a complaint against the decision of the tender customer in accordance with all the rules.

In what cases can the decision of the tender customer be appealed?

• If your bid was rejected without proper justification or on the basis of improper criteria.
• If the customer did not comply with the requirements and conditions set out in the tender documentation.
• If you have reason to believe that the decision to determine the winner of the tender was made without proper reasoning or on the basis of biased.
• If the tender was canceled by the customer without proper legal grounds and procedures.
• If you discover any other irregularities related to the tender procurement process, such as corrupt practices, conflict of interest, etc.

Appealing the decision of the tender customer is an important mechanism for protecting the rights of tender participants and ensuring a fair competitive environment in the field of public procurement.

Where is the complaint directed?

A complaint against the decision of the tenderer is submitted to the relevant body that has the competence to consider such issues.

Antimonopoly Committee of Ukraine (AMCU):

• Considers complaints about violations of tender legislation related to procurement procedures defined by the Law of Ukraine “On Public Procurement”.
• The deadline for submitting a complaint is 10 days from the day when the subject of the appeal learned or should have learned about the violation of his rights.

State Audit Service of Ukraine (SASU):

• Considers complaints about violations of tender legislation related to the use of budget funds.
• The deadline for submitting a complaint is 30 days from the day when the subject of the appeal learned or should have learned about the violation of his rights.

How much is the official fee for appealing the tender customer’s decision?

It is worth noting that appeals against the tender customer’s decisions are subject to payment. This is done so that there will not be a large number of unfounded complaints. The official fee is 0.3% of the expected purchase price, but not less than UAH 2,000 and not more than UAH 85,000.

Why is it not recommended to file such a complaint without the support of a lawyer?

Filing a complaint against the tender customer’s decision without the support of a qualified lawyer may have several serious disadvantages and risks:

1. Challenging the decision of the tenderer requires knowledge and understanding of complex legal norms and procedures. Lawyers specializing in public procurement have the necessary experience and expertise to effectively represent your case.
2. A lawyer will help identify and document all factual and legal violations that may be the basis for challenging the decision. This will provide a higher chance of success in a judicial or administrative process.
3. A professional lawyer will help you understand all aspects of the appeals process, including deadlines for filing an appeal, required documents, and other important details.
4. A legal professional will help to collect and prepare all the necessary evidence and arguments for a strong appeal, which will increase the chances of successfully challenging the decision.
5. A lawyer will protect your interests at all stages of the legal process, including negotiations, representation in court or before administrative authorities.

Therefore, it is recommended to contact a qualified lawyer to accompany the complaint against the tender customer’s decision in order to ensure the success of your case and the protection of your rights and interests as much as possible.

Advantages of our company “Prykhodko and Partners”

Our company “Prykhodko and Partners” offers quality services in the field of legal support of tender procedures and appeals against decisions of tender customers. Our lawyers have deep knowledge in the field of public procurement and legal aspects related to tender procedures. We practice an individual approach to each case, adapting the appeal strategy to the specific circumstances and needs of the client.

One of the key advantages of our company is a comprehensive approach to legal support. We are able to provide a full range of services, starting from the analysis of tender documentation and consultations on participation in the tender, and ending with representation of the client’s interests at various stages of appealing the customer’s decisions. Our lawyers carefully prepare the evidence base, develop well-argued positions and provide effective protection of the client’s rights during the judicial or administrative process.

Do not hesitate to contact us regarding the appeal of the decisions of tender customers. We guarantee high-quality legal support and protection of your right to a fair tender process.

If you want to order a consultation or find out the price of appealing the decision of the tender customer – fill out the form below.