Disputing the conditions of purchase on Prozoro

Since its creation, public procurement in Ukraine has been widely used by various state authorities. This is explained by the fact that the process of conducting tenders in itself makes it possible to choose the most appropriate offer on the market for the purchase of goods, performance of works, provision of services, etc. However, in practice, it is often the case that public procurement customers provide such conditions for winning the tender that contradict the current legislation of Ukraine, and as a result, the public procurement participant must challenge these conditions. And therefore consideration of this topic is quite relevant today. In this informative article, we will talk about the specifics of contesting purchase terms on Prozoro.

Who can file a complaint?

First of all, it should be noted that the tender appeal procedure itself on the electronic public procurement system (Prozoro) is primarily aimed at protecting the rights of a participant in public procurement that have been violated as a result of the customer’s actions or inaction.

Therefore, the subject of an appeal by a natural or legal person to the appeal body (AMCU) is a violation of his legitimate interests and rights defined by law in the field of public procurement.

At the same time, in order for a public procurement participant to file a complaint, he must be registered on the electronic platform.

How to dispute the conditions of purchase on Prozoro?

In order to submit a complaint to the AMCU, the subject of the appeal must fill out an electronic form on the authorized site. After it is filled out correctly and sent to Prozoro, the system automatically enters the complaint into the register and forms its registration card. The complaint with the registration form is published on the website of the Authorized Body on the same day. After that, participants in public procurement have the right to submit evidence and documents confirming their stated position in the complaint, and tenderers have the right to provide counterarguments and indicate why the complaint cannot be satisfied.

It is worth noting that upon appeal of a public procurement, the system automatically stops open bidding, the selection of the tender winner and the signing with the latter of the contract on performance of works, provision of services or delivery of goods.

Advice! Complaints submitted in paper form to the appeal body (AMCU) will not be considered.

What is important when disputing the terms of purchase on Prozoro?

A rather important point for the appeal body (AMCU) is the fact that the complainant substantiates the violation of his rights by the customer in the field of public procurement. That is, the complainant must state that the fulfillment of the customer’s requirements is impossible, indicate why he thinks so, and state the relevant facts.

In addition, the current practice of the AMCU should also be cited when proving one’s own position on the case, as this will significantly affect the adoption of the final decision by the appeal body.

Importantly! Provide information in the complaint in a structured and concise manner. Give examples of violations and evidence that this is a violation of the current legislation of Ukraine, and in this way you will increase the probability of receiving a positive result of the complaint.

If you want to dispute the conditions of purchase on Prozoro, in this case, be sure to contact the law firm “Prykhodko and Partners”.

Our company employs only qualified specialists who understand problematic issues in the field of public procurement and are always ready to help clients by providing legal advice, drawing up the necessary procedural documents, full legal support in the case and much more. So don’t delay and contact us!