It will not be a secret for anyone that participants of Prozorro public procurement system often face numerous violations of the law. Such cases are an infringement of the basic principles of competition. So to protect their own interests, participants need to be aware of the possibility of appealing the results of bidding. In this article, we will try to tell you about the ways to defend your rights.

When is it necessary to appeal to results?

Discriminatory conditions
If the tender documentation contains prescribed requirements for one particular supplier in characteristics of the goods or there are requirements that look suspicious and unreasonable (for example, a regional restriction or the existence of specific work experience that is not related to the subject of procurement), then in that case, you can claim protection of violated rights. After all, healthy competition excludes discrimination.
Fictitious requirements.
There are cases when the customer excludes the participant from the bidding because of minor infractions. In such cases, if the participant is sure that the reason is far-fetched, then it is necessary to file a complaint about the results of the bidding. However, when filing a complaint, you need to be sure that the tender proposal fully meets the requirements of the tender documentation.

Whom should the complaint be directed to?

Procurement participants have two ways to protect violated rights.
Address to the customer
In case of violations, it is possible to submit the complaint to the customer with the requirement to change the conditions of the tender documentation. Remember that the time for consideration of a complaint is 3 days. During this period, the customer is obliged to publish his or her own decision. If the complaint is agreed, then the customer makes changes to the documentation. It is important: in the pre-threshold procurement, it is also possible to formulate a complaint to the customer about the disqualification of participant or winner.
Appeal to the Antimonopoly Committee of Ukraine (AMCU)
In this case, the customer has three days to receive a complaint for review and 15 working days for the very examination of the complaint. When drafting a complaint to the AMCU, it is worth remembering that there are clear legislative rules for its execution. Also, pay attention to the fact that all documents are filed electronically. In accordance with the law, a complaint to the Antimonopoly Committee of Ukraine must contain:

the name of the customer against whom one complains;
purchase number;
the list of the points under which the complaint is lodged as well as their confirmation;
requirements content;
information about the applicant (contact details).

Remember that if the AMCU complaint is written incorrectly, it has the right not to consider it. Also, when filing a complaint, pay a commission on time.

Who has the right to appeal the tender?

The appeal of tenders takes place in two directions:

appealing the terms of the published tender documents – this right extends to participants of a particular tender and potential participants who want to prevent the risks of participation in the tender after detecting discriminatory points in the requirements;
appealing the results of the tender – this right extends solely to participants of a particular tender.

How can you prepare for violations in advance?

To protect your own interests in the procurement process and to be sure that your rights will be protected, we also recommend paying attention to the platform through which you join the auction. Choose a reliable electronic platform that will help you determine the basis of the complaint and correctly register it if there are problems associated with discrimination in the auction.