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Both Clients and Bidders of Public Procurement are very important links in the procurement procedure. The relations that are laid at the stage of preparing the procurement are the specification of the technical characteristics of the goods necessary for the Client, the drafting of the assignment for the provision of services and the performance of work, monitoring the expected value of the subject of procurement, as well as the interaction in the process of the procurement procedure itself - preparation of the documentation by the Client, which will allow the Bidder to correctly and qualitatively prepare the tender proposal, the Client's work with the Bidder's questions at the stage of the proposal preparation, and many other actions of both parties. Therefore, it is very important for the parties to comply with the requirements of the Law "On Public Procurement", to be correct, but at the same time, to protect the interests of their party in the procurement procedures. If the results of consideration by the Client of the tender offer do not satisfy the Bidder of the procurement procedure, such decision must be appealed. |
According to the third part of Article 30 of the Law "On Public Procurements" there is a procedure for filing requirements to the Client by way of applying through the Prozorro electronic platform, however, it should be noted that the terms of such treatment are laid down by the Law minimum. We recommend that the Bidder takes this opportunity to protect his interests.
At the same time, it is necessary to be prepared for the fact that the Client does not always react to such appeals, in most cases the Bidder will have to compete for compliance with its interests by filing a complaint with the Antimonopoly Committee of Ukraine (AMCU). Taking into account the short terms defined in Article 18 of the Law "On Public Procurements" for filing a complaint about actions or inaction of the Client the need to professionally prepare documents and find the right arguments to protect their interests, SEA BUSINESS CONSULTING LLC offers services for appealing the results of the procurement procedure.
It is not a secret that in some cases the Bidders of public procurement procedures use the mechanism for filing complaints to the AMCU in order not only to prove that the tender offer of the participant conforms to the terms of the tender documentation, to protect their interests by canceling the Client's decisions, and sometimes the results of choosing the winner of the procedure. An unfair Bidder may pursue the goal of delaying the procedure, given the relatively low cost of filing a complaint, thereby preventing the Client from meeting production needs. This is the so-called "trolling" in public procurement. In case of filing a complaint, the Client will defend the interests of the enterprise. SEA BUSINESS CONSULTING LLC offers services to protect the interests of the Client, prepare explanations for the Bidder's complaint and participate in the meeting in the AMCU.
To the Bidders:
Preparation of complaint from 3 000 UAH
Representation in AMCU meeting from 3 000 UAH
For the Clients:
Preparation of explanations for the complaint from 3 000 UAH
Representation in AMCU meeting from 3 000 UAH
