Challenging Procurement in Prozorro: A Step-by-Step Guide

 

In the Prozorro public procurement system, participants have the right to challenge decisions, actions, or inaction of procuring entities if they believe that legal violations have occurred. This process ensures transparency and fairness in procurement procedures. In this article, we will outline the key aspects of the procurement appeal process.

 
 

Appeal Body

 

In Ukraine, the function of the appeal body is performed by the Antimonopoly Committee of Ukraine (AMCU). It reviews complaints submitted by procurement participants and issues corresponding decisions.
 

 

Who Can Submit a Complaint?

 

Any individual or legal entity that believes their rights or legitimate interests have been violated due to the decisions, actions, or inaction of the procuring entity during public procurement can file a complaint.
 

 

Complaint Submission Procedure

 

1. Form of Submission: The complaint must be submitted as an electronic document through the Prozorro electronic procurement system.
 
2. Content of the Complaint: According to Part 5, Article 18 of the Law of Ukraine “On Public Procurement”, a complaint must include

 

  • Name of the procuring entity whose decision or action is being challenged.
  • Information about the complainant (company name or individual’s name, address or place of residence).
  • Grounds for filing the complaint, including references to procurement procedure violations.
  • Justification of the complainant’s violated rights and legitimate interests.
  • Specific demands of the complainant.

 

3. Supporting Evidence: The complaint must be accompanied by documents proving the procuring entity’s violations.
 
4.Payment: The submission of a complaint requires a fee. The amount depends on the subject of the appeal:
 

  • Challenging the tender documentation: 0.3% of the expected procurement value, but not less than 2,000 UAH and not more than 85,000 UAH.
  • Challenging decisions after bid opening: 0.6% of the expected procurement value, but not less than 3,000 UAH and not more than 170,000 UAH.

 

 

The payment must be made electronically on the day of the complaint submission.

 

Time Limits for Filing a Complaint
 

  • Against tender documentation: A complaint can be submitted from the moment the procurement is announced, but no later than 4 days before the bid submission deadline.
  • Against decisions after bid review: Within 10 days from the date the complainant learned or should have learned about the violation, but before the procurement contract is signed.
  • Against procurement cancellation: Within 10 days from the date the decision to cancel the procurement was made.

 
 

Complaint Review Process

 

Once the complaint is submitted and registered in the electronic system, the AMCU reviews it within 10 business days (with a possible extension up to 20 business days). During the review period, the procurement procedure is automatically suspended.
 
 

Decisions Based on Complaint Review

 

The AMCU’s decision is published in the Prozorro electronic procurement system and is binding for the procuring entity. If violations are found, the procuring entity must correct them according to the instructions of the appeal body.
 
 

The procurement appeal process in Prozorro is a crucial mechanism for protecting the rights of participants in public procurement. Adhering to the established procedures and deadlines helps ensure transparency and legality in procurement processes in Ukraine.