Contesting the procurement results in the Prozorro tender

During participation in tenders, situations often occur when the decisions made may be unfair to one or the other party.

In the current conditions, public procurement should take place as efficiently and quickly as possible. The Cabinet of Ministers of Ukraine established new procurement rules for the period of martial law, thanks to which it was possible to combine these two important factors. An important element is the return of the appeal tool to the Antimonopoly Committee of Ukraine. Disputing procurement results is one of the areas of work of specialists of “PRIKHODKO & PARTNERS”.

Peculiarities of contesting procurement results

All complaints regarding contesting procurement results are submitted through the electronic platform. They are published for any user and are public. The complaint is automatically entered into the register, where its registration card is generated, which is received by the Antimonopoly Committee and the Customer.

The following package of documents must be prepared in order to challenge the procurement results:

• Complaint.
• Documents (in paper and electronic form). These documents must confirm the facts described in the complaint.
• Confirmation of payment for filing a complaint.

The complaint itself must contain the following components: description of the facts referred to in the complaint; arguments, that is, confirmation of the position of the subject of the appeal; references to relevant articles of the Law of Ukraine “On Public Procurement”.
After accepting the complaint, the Antimonopoly Committee must consider it no later than 10 working days, making a decision on its non-satisfaction / satisfaction / partial satisfaction. In the presence of appropriate arguments, the period for consideration of the complaint can be extended for another 10 working days.

When disputing the results of the procurement, the Customer has no right to make changes to the terms of the tender, except for those capable of eliminating the violations specified in the complaint. It is also prohibited to enter into new purchase contracts. Although the Customer can independently eliminate the violations specified in the complaint, the renewal of the tender can take place only after the completion of the review of the complaint by the Antimonopoly Committee.

Thus, contesting procurement results involves the following stages:

1. Filing a complaint to the Antimonopoly Committee of Ukraine.
2. Payment for the service of submitting a complaint to the appeal body (its amount is determined by the Cabinet of Ministers of Ukraine).
3. Making a final decision by the Antimonopoly Committee.

The review of the complaint is open. If desired, both the Customer and the Complainant (Applicant) can be present during the case review. To obtain additional consultations, the Antimonopoly Committee may engage experts, third-party specialists who have the knowledge necessary for an impartial and professional review of the complaint. All received conclusions are made public on the site and are added to the materials of the general case regarding the appeal of the procurement results.

The legal interests and rights of the Complainant are protected by the Customer’s obligation to review/cancel the decision to cancel the procurement procedure until the violations are eliminated.

Decisions made by the Antimonopoly Committee become effective from the moment of their adoption and are binding for the Customer. The rendered decision can be appealed in court within 30 days from the moment of its publication in the electronic procurement system.

Why exactly “PRIKHODKO & PARTNERS” to contest the procurement results?

Undoubtedly, the procedure for contesting procurement results is quite complex and requires considerable experience. In the process of preparing a complaint, a large number of nuances that affect the final decision should be taken into account. It is also very important to monitor the timely implementation of decisions made by the Antimonopoly Committee. All this is in the scope of professional activity of the lawyers of “PRIKHODKO & PARTNERS”.

We carry out:

• Study of documents.
• Detailed analysis of the problem.
• We provide recommendations on ways to resolve the issue.
• We control the implementation of decisions of the Antimonopoly Committee.
• We guarantee protection of the Client’s interests.

The appeal of the procurement results in the tender will be conducted qualitatively and as quickly as possible. Do you still have questions? We are waiting for consultations! Fill out the form below to calculate the price of a lawyer’s assistance in contesting public procurement.