This year Antika Law Firm once again has become an auditor of all-Ukrainian Real Estate Award CP Awards 2020. The main aim of auditor is monitoring observance of procedures to ensure honesty and transparency in the selection of winners and award prizes.
Antika’s Partner Sergii Korniienko and Senior Associate Alexander Tretiakov shared their experience in the issue of forming and filing complaints in the field of public procurement with the students of the special course “Economic Competition Protection”, organized by Legal High School.
Based on the results of the lecture, we share life hacks of our colleagues on how to prepare a qualitative and effective complaint against the decision, actions or inaction of the procurement buyer:
- Be sure to comply with the content requirements of the complaint set out in Art. 18 of the Law on Public Procurement. Failure to do so will result in your complaint being dismissed.
- Use the complaint templates posted on the ProZorro website. This will simplify your work in the preparation process, allow you to structure the content of the complaint and to prepare a document format that is familiar to the complaint body.
- Don’t forget to attach a payment document to the complaint for payment of the complaining marked by the bank as executed.
- Try to make the complaint text as informative as possible. Please note only those circumstances and facts that really indicate the existence of the violations you have specified, justify your requirements.
- Be sure to indicate in the complaint how the decision, actions or inactions of the procurement buyer violate your legitimate rights and interests.
- Take care of the timely filing of a complaint within the prescribed time limits for complaining and do not try to “catch the last train”. Complaints that are filed after the end of the complaining period are not automatically accepted by the electronic procurement system. Remember that complaints are filed electronically, and technologies have the ability to sometimes fail.
- Try to make your complaint “convenient” for the AMCU staff: “highlight” the circumstances and facts that you believe support your position; provide the documents and materials to which you refer and believe that they confirm your position and may have a positive effect on your case as separate annexes to the complaint.
Adhering to these simple yet important recommendations, may not guarantee a 100% positive result, but significantly increases the complainant’s chances of success.
Antika Law Firm has been operating in the legal market since 2010. It is within in a TOP-30 leading law firms in Ukraine*.
The Firm provides a full range of legal services to national and international companies that do business in Ukraine and abroad. The partners of the Firm have over 20 years’ experience in providing business law advice.
Specialists of Antika Law Firm are experts in following practices: Antitrust, Corporate, Construction & Real Estate, Energy, Dispute Resolution, Legal Expertise.
The Firm’s representative clients AWT Bavaria, ViDi Group, Ibis Group of Companies, Nadra Ukrayny, Nasosenergomash, Henkel Ukraine, Henkel Bautechnik Ukraine, Chernomorneftegaz, Ukrnafta, FC Dnipro, Energobank, Cadogan Petroleum, Cargill, Esan Eczacıbaşı Industrial Raw Materials, Enesa, Ghelamco, Heitman International, Imperial Tobacco, International Resources Group (USAID project “Municipal Energy Reform in Ukraine”), Lantmannen Axa, Shell Retail Ukraine.
Antika Law Firm also advised EBRD, World Bank, TACIS, NEFCO, UNDP, KfW, NEFCO on implementation infrastructure, energy-saving and other projects in Ukraine.
*rankings: 50 Top Law Firms of Ukraine (Yurydycheskaya Practika Publishing), Market leaders: ranking of Ukrainian legal companies (Yurydychna Gazeta), The Legal 500, Ukrainian Law Firms ILFR1000, Best Lawyers and others.