What mistakes participants of procurement procedures had made during the appeal in February?
Last month we reported about the mistakes, which the participants of procurement procedures made in January, and the main reasons why the AMCU leave complaints about violations of legislation on public procurement without consideration.
The participants of procurement procedures made the same mistakes during the appeal in February.
Thus, one of the main reasons for leaving a complaint about violations of legislation on public procurement without a consideration in February again was failure to pay for them.
We emphasize repeatedly that for the submission of a complaint to the body of appeal a charge will be made in an amount of
5,000 hryvnas – in the case of an appeal of a procedure of purchase of goods or services
and 15,000 hryvnas – in the case of an appeal of a procedure of purchase of works
Fee for filing a complaint is transferred to the State Budget of Ukraine.
Law of Ukraine “On public procurement” provides that the body of appeal to leave a complaint without consideration if the appealer didn’t make payment.
For what else we want to draw your attention?
In February there was a tendency of withdrawal of a complaint by a complainant. The law provides that the body of appeal stops the processing of complaint if the appealer withdraw the complaint. Consequently, the withdrawn complaint won’t be considered by the body of appeal. In addition, in the case of withdrawal of the complaint the fee for filling of the complaint isn’t refundable.
Also, in February, there were cases of filling of complaints in paper form and complaints without justification.
Remember, when filling of a complaint, you have to ensure that it contains foundation for filling of a complaint; justification of the presence of the violated rights of the appealer; appealer’s requirements and its justification; a document that confirms charging of the fee for filling of the complaint. The complaint must be filled to the body of appeal by the complainant in the form of electronic document through the e-procurement system.
We recommend to comply to the requirement as specified by the law when filling of a complaint, or to seek for legal assistance to our legal firm.