Filing a complaint to the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine (AMCU) plays an important role in ensuring fair competition in the public procurement market. Public procurement is one of the most important aspects of the country’s economy, as it provides the needs of state and municipal bodies, state enterprises and state authorities in goods, works and services to support their activities. However, as in any system, there may be violations that negatively affect the fairness and transparency of the process. One of the ways to protect one’s rights in such cases is to file a complaint with the AMCU.

Grounds for filing a complaint

Grounds for filing a complaint with the AMCU can be various violations, including:

• Violations related to tender documentation, in particular regarding discriminatory requirements in the documentation (requirements that artificially limit competition in procurement without proper economic or technical justification), requirements that contradict the law (in particular, regarding documents that confirm the quality of goods and services, confirmation of other criteria, etc.) , application of the procurement procedure.
• Violation before the deadline for submitting tender offers – in such cases, you can appeal both the decision to make changes to the tender documentation, which were made without due process or introduce discriminatory requirements, and the cancellation of the procurement.
• Violations during the evaluation of tender offers – in particular, regarding the recognition of a winner of a participant who did not provide the necessary documents, unjustified rejection of a participant’s offers, or the general disqualification of all procurement participants.
• Violation after consideration of tender proposals – in particular, it can be an intention to enter into a contract with a participant who did not provide the documents that the winner of the procurement should have provided, or unjustified withdrawal of the decision on the intention to enter into a contract, cancellation of the procurement at this stage, or evasion by the customer from concluding the contract.

Complaint submission procedure

The procedure for submitting a complaint to the AMCU includes several stages:

• Preparation of the complaint: The complaint must contain clearly stated circumstances of the case, specific violations and demands of the applicant, as well as mandatory details established by law. It is important to provide evidence that supports the stated facts.
• Filing a complaint: The complaint is submitted to the AMCU in electronic form at the procurement site, and is also sealed with an electronic digital signature.At the same time, it is important to pay the fee for handling the complaint and provide proof of such payment.
• Preparation for consideration of a complaint: After receiving a complaint, the AMCU checks compliance with the formal requirements for its preparation – the presence of the necessary details, payment of the fee for the consideration of the complaint.
• Review of the complaint: If the complaint has the necessary details and the payment has been made properly, the AMCU appoints a date for the review of the complaint and gives the Customer or other participants the opportunity to submit their explanations regarding the stated circumstances. At the same time, the procurement procedure is stopped.Participation in the AMCU meeting is not mandatory.
• Making a decision: After reviewing the complaint, the AMCU makes a decision, and if the complaint is satisfied, it obliges the customer to cancel the illegal decision or obligates to take certain actions to eliminate violations of the law, which were established by the AMCU.
• Appealing the decision: In case of disagreement with the decision of the AMCU, the parties have the right

Tips for making a successful complaint

• Detailing the complaint: The complaint should be as detailed and specific as possible. It is necessary to clearly state all the facts and provide evidence. In addition, it is necessary to list all grounds and violations that became the basis for the complaint, since it will not be possible to re-submit a complaint regarding some violations.
• Adherence to the form: the complaint must contain all the mandatory details required by law, all evidence and confirmation of grounds must be attached to it, since the complaint may not be accepted for consideration at the verification stage, and the appeal deadline may already have expired.
• Adherence to deadlines: It is important to adhere to the established deadlines for submitting a complaint. Failure to meet the deadlines may result in the rejection of the appeal.
• Active participation in the process: During the review of the complaint, it is necessary to actively cooperate with the AMCU, provide the necessary information and documents.
• Use of legal assistance: As the process of submitting and handling complaints can be complex, it is recommended that you contact qualified lawyers who specialize in public procurement.

Filing a complaint to the Antimonopoly Committee of Ukraine is an important mechanism for protecting the rights of public procurement market participants. Correct and timely use of this tool contributes to ensuring fair competition, transparency and efficiency of public procurement. Knowing the procedure for submitting a complaint and taking into account the main recommendations will allow you to effectively protect your rights and interests in case of violations.

That is why Prykhodko lawyers and partners, who have considerable experience in the protection of both Participants and Purchasers, can provide you with an efficient and effective appeal procedure.