Since January 23, 2024, the procedure for submitting complaints to the Antimonopoly Committee of Ukraine (AMCU) has undergone significant changes, because a new procedure is in effect. This applies both to the technical functionality of the electronic sites of the Prozorro system, and to the process of submitting documents. In this article, we will look at the main innovations and show how to properly file a complaint, taking into account the new requirements.
The main changes in the complaint submission procedure
The updated procedure provides for the addition of new fields in the complaint form, which must be filled out. Providers are now required to fill in more information when submitting a complaint through the electronic system. The article will also provide instructions on how to correctly fill out a complaint on the Prozorro site, so that the process is as clear and simple as possible.
How to file a complaint through the Prozorro system
In order to challenge the results of the tender, you need to perform the following actions:
- Step 1: Find the purchase page you want to file a complaint about.
- Step 2. Enter the "Complaints" section, where a form will open for filling.
- Step 3. Read the instructions and fill in the Complaint Name field.
- Step 4. Download all the necessary documents in the "Documentation" section.
- Step 5: Add "Objection #1" and, if necessary, other objections, describing each in detail.
- Step 6. Select the appropriate objection classification from the drop-down list.
When filling out the form, pay attention to the new field "Type of linked element", which must be filled in in case of contesting the winner of the tender or disqualification of the participant. To challenge discriminatory conditions, this field is filled in automatically, which simplifies the process.
Question
What are the features of contesting a tender during martial law?
Respond
In the conditions of martial law and within 90 days after its end, public procurements and their appeals take place according to special rules, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1178 of October 12, 2022. It is important to remember that instead of applying the provisions of Article 17 of the Law of Ukraine "On Public Procurement", the provisions of Clause 47 of the Special Features are used during the appeal.
How to correctly fill out the "Justification" section
In the "Justification" section, the applicant must clearly describe how exactly the contested action or claim violates his rights. In this field, fill in a detailed description of the objection and attach relevant evidence to support your position. Evidence can be different, from documents to testimony, which meet the requirements of the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine.
It is important to note that from June 2021, when contesting the terms of the tender documentation, it is necessary to provide documentary evidence of the violation of the rights of the tender participant. These confirmations can be decisive when considering a complaint by the Antimonopoly Committee.
Adding requirements and filling in other sections
To add requirements and complete sections, follow these steps:
- Select the appropriate classifier for each objection, for example, if it concerns a violation of Article 16, select the appropriate classification item.
- Complete the Justification section and attach all the evidence that supports your position.
- Enter all requirements related to objections by selecting them from the provided list.
Once all the required fields are filled in, click the Create button to complete the complaint process. Next, you need to put an electronic signature, after which the system will open the option for payment.
Disputing the result of the tender: how legal advice will help
Challenging the result of the tender is a complex legal procedure that requires detailed knowledge of legislation and experience in the field of public procurement. If you are faced with an unfair decision of the tender commission or believe that your rights have been violated under partIn order to participate in the tender, contacting a specialist is the best way to protect your interests.
Lawyer on tenders: why is consultation important?
Modern tender procedures are regulated by a significant number of regulations, and often tender participants cannot understand all the subtleties on their own. A tender lawyer will provide qualified assistance, in particular in the process of contesting the tender result. Legal advice on tenders will help you understand whether there are grounds for an appeal and how to build your position correctly.
Free consultation: why should you use it? Many law firms offer a "lawyer on tenders free consultation" service, which allows you to get an initial assessment of the situation without financial costs. A free consultation on tenders will allow you to understand your rights and opportunities to appeal the decision. This is especially important at the first stage, when you need to decide whether to file a complaint.
When do you need the advice of a lawyer on tenders? Consultation of a lawyer on tenders is required in cases where you believe that the procurement procedure was carried out with violations or the tender commission acted improperly. A lawyer can help in such matters as checking the correctness of the evaluation of tender offers, identifying errors in documentation and providing legal assistance when filing complaints.
Advantages of consulting on tenders. Consultation on tenders is not only an opportunity to receive qualified assistance, but also to avoid serious financial losses that may arise due to incorrect actions during the appeal of the results. Consultation with a lawyer on tenders will help not only to assess your chances of success, but also to prepare all the necessary documents for applying to the Antimonopoly Committee or the court.
Legal advice on the tender: what issues are resolved? Tender legal consultation includes a wide range of services: from the analysis of tender documentation to the development of a strategy for contesting tender results. Tenders legal advice can cover such issues as compliance of tender conditions with current legislation, correctness of evaluation of tender applications and protection of your rights in case of violations.
How to get advice on tenders?
In order to get advice on tenders, it is worth contacting law firms or private lawyers who specialize in public procurement. Most often, the first consultation is provided free of charge, which allows you to learn the main points and decide whether you need further legal assistance. Tender lawyer free consultation. Free consultations on tenders will allow you to save time and resources, correctly build your legal position and increase the chances of success.
The updated procedure for submitting complaints to the Antimonopoly Committee of Ukraine from January 23, 2024 requires attention to detail, but at the same time ensures transparency and clarity of the appeal process. By completing all stages, you will be able to effectively defend your rights in the field of public procurement. Disputing the result of the tender is an important stage that can significantly affect the results of participation in public procurement. Contacting a tender lawyer will help you avoid mistakes and achieve a positive result. Free tender lawyer consultation on tenders is a great opportunity to get initial help without financial obligations. Legal advice on the tender will give you a clear understanding of the situation and help you properly protect your rights.
