Defend your rights and interests in the field of public procurement?
Who should apply for the protection of their rights?
The Antimonopoly Committee of Ukraine, which, with the aim of impartial and effective protection of the rights and legitimate interests of persons involved in participation in procurement procedures, forms the Permanent Management Administrative Board (collegium) for reviewing complaints about violations of the legislation in accordance with the rules of the current legislation the field of public procurement.
The specified AMC Board is precisely dealing with complaints.
The procedure for appealing the procurement procedure is fully described in Article 18 of the Law of Ukraine “On Public Procurement”.
However, it should be remembered that the reason for the appeal of a bidder – a natural or legal person to the Appeals Body is a violation of his legitimate interests and certain rights in the field of public procurement.
How to file a complaint with the Appeal Body correctly?
The complaint is filed by the subject of the appeal in the form of an electronic document through the electronic procurement system.
After placing it in the electronic system of procurement, the complaint is automatically entered into the registry of complaints and its registration card is formed. Then the complaint together with the registration card is automatically published on the website of the Authorized Body.
What information should be in such a complaint?
The complainant must indicate in the complaint:
– the name of the customer, the decision, action or omission of which is being appealed;
– name (name), place of residence (location) of the subject of appeal;
– grounds for filing a complaint, references to violations of the procurement procedure or decisions taken, actions or omissions of the customer, factual circumstances which may be affirmed;
– substantiation of the existence of violated rights and interests protected by law regarding the decision, action or inaction of the customer that is contrary to the law in the field of public procurement and as a result of which the right or legitimate interests of such person have been violated;
– requirements of the subject of appeal and their justification.
In addition, documents and materials in electronic form (including in the form of a pdf file format) should be attached to the complaint, confirming the violation of the procurement procedure or the unlawfulness of the decisions, actions or inaction of the customer.
Attention! For filing a complaint to the Appeals Body, a fee is charged in the following amounts:
– 5 000 UAH – in case of appeal of the procedure for the purchase of goods or services;
– 15 000 UAH – in case of appeal of the procedure of procurement of works.
Therefore, an application for the payment of a complaint to the Appeal Body must be attached to the complaint.
Are there any deadlines for lodging a complaint with the Appeals Body?
Yes, there are and the specified time will depend on the type of complaint, namely:
– Complaints regarding tender documentation and / or decisions taken, actions or omissions of the customer occurring before the expiration of the deadline set for the submission of bids may be filed with the Appeal Body from the moment of publication of the announcement of the bidding, but not later than 4 calendar days before the date set for submission of bids.
– Complaints regarding decisions taken, actions or inaction of the customer that have occurred after the evaluation of the proposals of the participants are submitted within 10 calendar days from the day of publication on the website of the Authorized Agency of the notice of intention to conclude an agreement.
– Complaints regarding decisions taken, actions or omissions of the customer that occurred after consideration of tender offers for compliance with the technical requirements specified in the tender documentation and determination of conformity of the participants with the qualification criteria shall be submitted within five calendar days from the date of publication on the web portal of the authorized body the protocol of consideration of tender offers.
However, in case of violation of these terms, the complaint will not automatically be accepted by the system of electronic purchases.
Can the Appeal Body leave the complaint without review?
Yes, it can if:
– the complaint does not contain all the information necessary for its consideration;
– The complainant did not pay for lodging a complaint with the Appeal Body;
– The customer himself has eliminated the violations that were mentioned in the complaint.
The Appeal Body may also terminate the complaint if:
– The complainant himself recalls his complaint;
– The customer has made a decision to cancel the bidding or acknowledged them as not having taken place.
How long does the Appeal Body deal with the complaint?
Within a period not exceeding three business days from the day the complaint is filed in the register of complaints, the Appeals Body shall place in the system of electronic purchases a decision on acceptance of a complaint with consideration of the date, time and place of consideration of the complaint or a reasoned decision to leave the complaint without consideration, or a decision about termination of the consideration of the complaint.
The electronic procurement system will automatically publicize decisions taken by the appeal body on the website of the Authorized Body and send the complaints to the complainant and the customer.
The date of commencement of consideration of the complaint is the date of publication of the complaint file in the electronic procurement system.
The deadline for reviewing the complaint by the Appeal Body is 15 working days from the date on which the complaint is commenced.
In addition, in case of acceptance of the complaint, the procurement procedure is suspended until the decision of the appeal body is made.
It should also be noted that the Antimonopoly Committee of the AMC examines the complaint and makes a decision on its basis only within the limits of the information and information received on the complaint, which is placed in the electronic procurement system.
Accordingly, the correct and legally competent you will be filed with a complaint to the Appeal Body, as well as from your materials confirming the violations, and will depend on the decision of the agency.
Therefore, in order to protect your interests, it is the best to contact ADS Legal Group specialists who have been providing quality public procurement services for many years and are able to adequately represent your interests in challenging procurement procedures.