Protection of officials of the tender winner during inspections by the AMCU, DASU, Accounting Chamber, NABU

Announcement of the winner is one of the stages of open bidding. The customer checks the tenderer’s proposal for compliance with the tender documentation. The result of the check is the rejection of the tender proposal or the signing of the procurement contract. Even if a decision is made to win the tender, we recommend that you further enlist the support of professional lawyers. Our specialists offer the service of protecting officials of the tender winner during inspections by the AMCU, DASU, the Accounting Chamber, and NABU.

In what cases can an inspection be initiated?

Let’s start with the Antimonopoly Committee of Ukraine (AMCU). It is worth noting that the Antimonopoly Committee does not directly inspect the winners of the tenders. The role of the AMCU is to consider complaints and appeals of procurements.

For example, other participants may initiate an inspection due to violations of the public procurement procedure. For example, a participant may be checked through the Prozorro system. The system contains the so-called “black list” of the AMCU. For this, the protocol of consideration of tender proposals is used.

Thus, the AMCU is not a regulatory body, but an appeal body, the purpose of which is to verify all the tenderer’s documentation. At the same time, it is the customer’s duty to verify the participant for the absence of unreliable information and compliance with the qualification criteria.

Another regulatory body is the State Audit Service of Ukraine (SASU).

SASU is a central executive body, the purpose of which is to implement state policy in the field of state financial control in Ukraine. Representatives of this body consider the purpose of their activities to ensure the legal, effective and targeted use of state financial resources. In addition, the SASU is entrusted with monitoring compliance with the norms of current legislation in the field of public procurement.

For example, the State Audit Service monitors the customer’s compliance with the legislative framework for conducting a tender:

1. Analysis of tender documentation and tender proposals of participants.
2. Familiarization with the content of the contract concluded between the customer and the winner of the tender.
3. Identification of violations.

Important: after the start of monitoring, the procurement procedure does not stop. If a contract has already been concluded, its effect is not suspended. In some cases, several monitoring may be carried out within the framework of one tender.

The Accounting Chamber is the highest state collegial body of financial control. Its main task is defined as follows: to exercise control over the receipt of funds to the State Budget, as well as their effective use.

Within the framework of public procurement, the Accounting Chamber ensures transparency, efficiency and legality in the management of public finances.

The National Anti-Corruption Bureau of Ukraine (NABU) does not directly verify the winners of tenders. This is the stage of determining the results. This executive body may join the inspection if it is established that the procurement process was accompanied by corruption offenses. That is, the involvement of the National Anti-Corruption Bureau is carried out not at the stage of preliminary verification, but at the stage of investigation.

Legal protection during inspections

Thus, inspections by the AMCU, DASU, the Accounting Chamber, and NABU may be carried out after the end of a certain reporting period of the economic activity of the tender winner. The main goal of the inspections is to establish the correctness, legality, and economic feasibility of the transactions carried out by the winner of public procurement.

However, abuses by representatives of the above-mentioned state bodies are not uncommon. That is why we recommend that you seek professional legal support when preparing for inspections.

Our lawyers will be able to adequately represent your interests. We will make all necessary efforts for this.

Our law firm’s specialists provide procedural protection during:

• Conducting searches and seizing documents.
• Conducting interrogations.

Our lawyers will ensure that your legal rights are fully respected! We will be able to protect you from the arbitrariness of representatives of the Antimonopoly Service of Ukraine, the State Audit Office, the Accounting Chamber, and the National Antimonopoly Service.

We are waiting for your consultations!