How to Appeal the Tender Results

The Prozorro tender procedure is regulated by Article 18 of the Law of Ukraine “On Public Procurement” and Resolution 1178. These provide for equal rights and responsibilities for all bidders. However, there are cases when a supplier claims that its rights have been violated. To restore justice, there is a procedure for appealing public procurement.

Appealing the Results of Tender: Stages

Procurement participants may first file an appeal with the procuring entity. This is not yet an appeal against the tender, which, unlike an appeal, must contain a detailed justification of the violation. The procuring entity must consider such an appeal within 4 days from the date of receipt of such an appeal, but if the decision is not changed, the supplier may appeal to the Antimonopoly Committee. A complaint to the AMCU is a more effective way to resolve disputes, so if it is satisfied, the procuring entity will be forced to eliminate all existing tender violations. 

If appealing the tender to the Antimonopoly Committee proves to be ineffective, there is a tool to go to court. A lawsuit may concern both the actions of the procuring entity and the decision of the supervisory authority. 

Each stage of the tender appeal process requires preparation and understanding of the legal base. It is also important to know the main types of complaints and the deadlines for filing them. 

Types of Procurement Appeals

The types of appeals depend on the stage during which they were filed. Accordingly, there are the following types:

1. Appeal of procurement conditions 

Applies to the stage of receipt of proposals and is filed from the date of procurement announcement and no later than 3 days before the end of this period.

2. Appeal against the actions of the procuring entity at the stage of qualification of participants

This may be an appeal against the winner of the tender or the unlawful rejection of the tender offer. The deadline for filing is 4 days after the violation occurred. 

3. Appeal against tender cancellation 

It applies to incidents that occurred after the evaluation of tender proposals and is filed within 10 days after the violation of the subject's rights. 

The procurement appeals body only accepts complaints submitted in electronic form through the supplier's personal cabinet on the platform.

How Experts Can Help to Prepare a Tender Complaint 

It is important that the appeal contains a competent and indisputable justification for the violation of the supplier's rights. An explanation based on the provisions of the Law can be made by a competent specialist. Therefore, it is advisable to entrust this case to professionals who have experience in appealing public procurement and know what arguments can be presented in each case. 

For more information on how to appeal a tender prozorro, please call 0 800 75 10 10.