The process of public procurement conducting tends to transparency. But, there is no decrease in cases when the process participants are dissatisfied with its result. How to appeal against the procurement procedure?
Today the complaint to the Antimonopoly Committee of Ukraine (hereinafter − ACU) should be made in the form of an electronic document. It should be automatically entered into the register of complaints and formed its registration card. Then, it should be published together with the registration card on the web portal of Authorized agency on the same day.
The information that should be included in the complaint is determined by para.1 of Art.18 of the Law of Ukraine “On public procurement” of 25.12.2015, № 922-VIII. Also, documents and materials in electronic form confirming the violation of the procurement procedure should be attached to the complaint.
In addition, a copy of a document on the implementation of payment of state fees for its providing should be attached to the complaint.
Fees payable for making the complaint are determined by the Cabinet of Ministers of Ukraine (hereinafter − CMU) “On the establishment of the amount of the fee for making a complaint” of 23.03.16, № 291 (regulation of CMU “On the establishment of the amount of payment” of 28.07.10, № 773 became invalid on 01.01.17).
AMC should make one of the following decisions within three working days from the date of registration of the complaint:
- accept the complaint for consideration;
- dismiss the complaint;
- discontinue consideration of the complaint.
The complaint is to be considered by ACU within 15 working days. In the case of determining the existence of violations, AMC should appoint measures to be taken by the customer to eliminate the violations. If it can not be eliminated – the procurement procedure is to be cancelled.
In the case of establishment of absence of the violation, ACU should make a decision to dismiss the complaint, and the auction should be automatically appointed by the electronic system (not earlier than two days from the date of such a decision).
