Explanation to AMKU about the purchase

Filing complaints in the public procurement system is one of the mechanisms for reliable settlement of disputed issues regarding compliance with tender legislation and making appropriate decisions within the limits of their powers by both tender participants and their customers. In addition, if the customer of public procurement believes that a complaint was filed by a tender participant for unfounded reasons and it cannot be satisfied, he has the right to submit an explanation to the appeal body (AMCU) regarding the decision or inaction. However, in practice, the question often arises of how to properly submit such explanations and what they should contain? What explains the relevance of consideration of this topic today. Therefore, in this article we will talk about the peculiarities of writing explanations in the AMCU about procurement, while taking into account the provisions of the current legislation of Ukraine.

Explanation in AMKU about procurement – what is it?

The explanations submitted to the AMCU about the procurement are a set of certain facts and statements with which the customer of the public procurement justifies his own vision of the decisions made by him or the manifestation of inaction in relation to the tender participant.

Thus, the explanations enable the customer to additionally provide the appeal body with evidence that its decisions were made within the framework of current legislation and are not subject to appeal.

What should the explanation to AMKU about the purchase consist of?

There are several stages from which you should start drafting written explanations, namely:

• Analysis of a public procurement participant’s complaint. In order to correctly start writing explanations, it is necessary to analyze the demands of the public procurement complainant: whether they can be satisfied, and whether all actions and inactions of the customer were committed within the framework of current legislation.
• Statement of circumstances. After the analysis of the complaint, the development of the circumstances of the case from the point of view of the customer should be briefly explained, and why the demands of the complainant cannot be satisfied.
• Evidence base. To confirm the facts stated in the written explanations, the maximum amount of evidence should be collected in the case, which will indicate the groundlessness of the complainant’s claims.
• Practice of AMKU. One of the weighty evidences in the case will be the actual practice of the appeal body (AMCU), because in their previously adopted decisions they express a legal position on one or another issue, which cannot differ from the current legislation in the field of public procurement.
• Sending explanations. After the appeal body (AMCU) has started considering the complaint, the tender customer must submit written explanations on the case within 3 days by sending them through the electronic public procurement system.

Importantly! Written explanations on the case can be submitted by the tender customer both on a voluntary basis and at the request of the appeal body (AMCU) – Part 15 of Art. 18 of the Law on Public Procurement.

How can the help of a lawyer be useful?

A qualified specialist in the field of public procurement can help in the following ways:

• provide legal advice to determine an effective defense strategy for the case;
• to represent the interests of the customer of public procurement at meetings of the AMCU (at the same time, the customer’s personal participation is not mandatory);
• legally correctly submit and write all necessary procedural documents on the case;
• avoid potential risks and other negative consequences at the expense of making an unfavorable decision on the case.

If you have any questions about writing an explanation to the AMCU about the purchase, contact the experts from the Prykhodko and Partners law firm.

Our team is always ready to provide legal assistance to the company’s clients and answer all questions that will arise during cooperation, because we specialize in problematic aspects in the field of public procurement in Ukraine. In addition, we guarantee the result upon application. So don’t delay and come to us for a consultation!