Support of public procurement appeals at AMKU

Public procurement in Ukraine has become one of the key elements of economic activity regulation. However, sometimes in the process of these purchases, situations may arise that require attention and intervention. Our law firm specializes in many issues, including supporting public procurement appeals before the Antimonopoly Committee of Ukraine (AMCU).

Who can file a complaint about public procurement in AMKU?

According to Art. 18 of the Law of Ukraine “On Public Procurement”, a complaint about public procurement can be submitted to AMCU by:

• Purchaser: legal or natural person who submitted a tender offer and believes that the customer has violated its rights and interests during the bidding process.
• A person who is not a participant in the procurement, but has reasonable suspicions of a violation of the legislation on public procurement.

Importantly:

• The complainant must be registered on the electronic platform.
• The complaint is submitted exclusively through the Prozorro electronic procurement system from the participant’s office on one of the sites.

Deadline for submitting a complaint:

• Before announcing the winner – within 10 days from the day the complainant became aware of the violation.
• After the announcement of the winner – within 5 days from the date of publication of the notice of intention to conclude a contract.

In what cases is such a complaint filed?

A public procurement complaint can be filed with the Antimonopoly Committee of Ukraine (AMCU) in various cases when violations or injustices occur in the process of conducting procurement procedures. Here are some typical situations in which you may need to file a complaint:

• Violation of competitive principles. This may include concerted actions by participants in the procedure, artificial restriction of competition or discrimination against certain participants.
• Non-compliance with procurement procedures. For example, inconsistency of the procurement announcement with current legislation, violation of deadlines, or non-appearance of the customer for negotiations with the participants.
• Unfair conditions of participation. This may include restrictions on the participation of certain participants, unreasonable document requirements, or requirements that prevent participants from competing on a level playing field.
• Suspicion of corruption. If there are objective grounds to believe that the procedure has been distorted by corruption schemes or internal abuses, an appeal may be necessary to protect rights.
• Unreliable information or deception of the customer. For example, if the information provided by the customer was false or changed during the procedure, this may be grounds for appeal.

In any of these cases, as well as in other situations where there are doubts about the honesty and legality of public procurement, it may be appropriate to contact our law firm for consultation and legal assistance in challenging these actions at the AMCU.

We provide full support in such cases

Our law firm guarantees full support in cases of public procurement appeals before the Antimonopoly Committee of Ukraine (AMCU). We offer a wide range of services to provide our clients with reliable and competent protection of their rights and interests:

• Our experienced lawyers conduct a detailed analysis of the situation and provide advice on the legal preparation of the complaint. We explain all aspects of the appeal process, point out potential risks and opportunities for obtaining a positive result.
• Our team prepares all the necessary documents for submitting a complaint to the AMCU in compliance with all legal requirements. We carefully check each document for compliance with the requirements and represent the client’s interests to the relevant authorities as efficiently as possible.
• Our competent team of lawyers represents the interests of the client at all stages of consideration of the case at the Antimonopoly Committee. We conduct active communication with authorized persons, help in the settlement of issues and demonstrate an effective defense strategy.
• If necessary, we provide legal support, protecting the client’s interests at the court level. Our lawyers have extensive experience in court cases and provide professional representation in court in order to achieve a just decision.
• Our team is always ready to answer questions, provide necessary explanations and provide a full range of support throughout the process.

Do not leave your rights without proper protection. Contact us, and we guarantee professional and effective support in cases of public procurement appeals at the AMCU.

To order a consultation or to calculate the cost of supporting public procurement appeals at the AMCU, fill out the form below.