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Legal support of the procedure for appealing the auction results

Thanks to the ProZorro system, many companies have opened the way to participate in tenders for public procurement. But there are situations when the company is confident in the quality of products and compliance with the terms of the tender, and the buyer seeks to stretch the right company. In such cases, you may need legal support to appeal the results of the auction.

The ProZorro public procurement system protects suppliers not only due to the absolute transparency of tenders. In case of disputes, suppliers have the opportunity to file a complaint with the Antimonopoly Committee of Ukraine.

Many entrepreneurs do not consider appealing the results of trading an effective tool. Suppliers often refuse to appeal an unfair decision. The reason is that they are afraid that if the complaint is satisfied, the customer will simply cancel the purchase. This means that the supplier wasted time and additional expenses, which did not lead to the desired result. This also happens. But don’t give up. In the practice of our company, there were cases when the customer canceled two identical procedures. But the third time our client was still recognized as the winner.

What business representatives often complain about?

Businesses have the opportunity to appeal to almost any conditions and decisions that are discriminatory. If you are sure that the winner of the tender was another company illegally, you can always appeal to this decision.

Non-compliance with the terms of the ongoing tender

Most often, clients of our Kasyanenko & Partners Law Company complain about the product characteristics and qualification requirements prescribed for only one supplier. This is often done to get the desired participant through.

On decision making

Most often, our company is asked to appeal against disqualification for formal (far-fetched) reasons. This is almost 70 percent of all requests. Others appeal to appeal unfair decisions of the tender.

What to consider when appealing

To most effectively use such a tool as appealing the decision of the auction procedure, you should initially be completely confident in your position.

It is very important that the company’s tender offer fully meets all the requirements of the tender documentation.

If you appeal the results of the tender, you should analyze the tender offer of the winner, as far as it meets the specified requirements of the tender documentation.

You will also need to familiarize yourself with the practice of decisions of the Antimonopoly Committee of Ukraine, which can be done on the portal two years after the introduction of the ProZorro system, the number of inaccuracies in the provided documentation has significantly decreased. Besides, many enterprises have the opportunity to participate in public procurement tenders, which was previously possible only for the elite.

If you have any problems and want to appeal the auction procedure, please contact Kasyanenko & Partners Law Company (067) 239 9388

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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