Appeal against the results of tenders

Get a lawyer’s advice
In 2016, Ukraine launched the ProZorro service. It made the tender procurement process more transparent. But the problem is still there – the Antimonopoly Committee received 5,706 complaints of dishonest tenders in 2017 (from the Anti-Monopoly Committee report as of 2017):

Appeal against the results of tenders

27% of them has been rejected:

Appeal against the results of tenders

The main reasons for getting refusals are errors in the completion of the complaint form and missing deadlines. We will give several guidelines for filling out the complaint form on your own and some advice on how to maximize your chances to get justice.

How bidders get cheated

You can submit a complaint only in electronic form through the personal account at ProZorro. If you file a complaint in paper form, it will not be considered.

You must fill in the complaint form in accordance with Art. 18 of the Law of Ukraine “On Public Procurement”. The main provisions of this article are the following:

  • Deadline. It depends on what you are appealing about – tender documentation or decision / inaction of the ordering customer. Complaint about the documentation must be submitted no later than 4 days before the date of submission of applications. You can appeal against the actions of the ordering customer at different stages of the procurement – in each case there will be specific features and deadlines. We will tell you more about them during our consultation.
  • Grounds. Clearly describe and justify the violation of your rights. Indicate what exactly you appeal about – decisions or actions of the ordering customer, requirements for documentation, etc.
  • Evidence. Attach the documents confirming the guilt of the ordering customer.
  • Requirements. Explain exactly what you want to achieve by filing the complaint: cancellation of the tender, renegotiation of the conditions or the decision of the ordering customer.
  • Payment document. You will have to pay for filing a complaint. To appeal the procurement, you have to pay a duty: 5 000 UAH for the purchase of goods, 15 000 UAH for the purchase of service. Attach the payment receipt to your complaint.

Important! There are two types of complaints – the complaint itself and the requirement to the ordering customer. If you file a complaint through the Claims Service, the appeal will not appear in the complaints list and will not be considered.

There is a big number of requirements with their own specifics. In case of their non-compliance or a small inaccuracy, you may fail to get justice.

 

Legal assistance

We offer assistance that guarantees consideration of your application and a fair decision. Our support includes:

  • Legal examination. We will review your case and say whether the complaint has a legal basis and if it is worth filing. It often happens that people make an impulsive decision to file a complaint, spend money on duty and lose the case because of the absence of the violation. We will analyze the situation and offer you the best options for appealing.
  • Handling the case. In case there are legal grounds, we file an application. We a draw up a complaint, build its legal justification and submit it through the electronic account according to the rules.
  • Protection before the Antimonopoly Committee. The participant has the right to participate in the board meeting, and we will use it to protect your interests.

The story with the complaint does not end with the decision. We will ensure that the decision is implemented and your rights are regained.

Moreover, unscrupulous applicants are afraid of publicity. We will notify the higher authority that the applicant is reporting to, and file a complaint with dozorro.org in order to put them into a kind of blacklist of dishonest applicants. As practice shows, these measures serve no less effective punishment than a complaint.

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