- July 24, 2024
- Posted by: АРОУ
- Category: Publications
Legal Services for Appealing Decisions in Public Procurement Procedures by “AROU”
The specialists at “AROU” are ready to provide you, as a Participant in public procurement, with the following services for appealing decisions made by Customers in public procurement (tender) procedures and to represent your interests before the Antimonopoly Committee of Ukraine and in Ukrainian courts.
Our Services
- Legal analysis of the legality of actions and decisions taken by the Customer during public procurement (tender) procedures.
- Preparation of a request by the procurement Participant to the Customer to eliminate violations of the tender conditions in the public procurement procedure.
- Preparation of a complaint by the procurement Participant to the Antimonopoly Committee of Ukraine regarding illegal actions/decisions of the Customer in the public procurement (tender) procedure.
- Representation of the procurement Participant’s interests during the consideration of their complaint about illegal actions/decisions of the Customer in the public procurement (tender) procedure at one session of the Antimonopoly Committee of Ukraine.
- Support for the complaint of the procurement Participant regarding illegal actions/decisions of the Customer in the public procurement (tender) procedure in the Antimonopoly Committee of Ukraine, including:
- Preparation of a complaint by the procurement Participant to the Antimonopoly Committee of Ukraine.
- Representation of the procurement Participant’s interests at one session of the Antimonopoly Committee of Ukraine.
- Legal analysis of the legality and prospects of judicial appeal against the results of public procurement (tender) and/or decisions of the Antimonopoly Committee of Ukraine made as a result of considering the complaint of a public procurement Participant.
- Appeal in the first instance court against the results of public procurement (tender), including:
- Legal analysis of the legality and prospects of judicial appeal against the results of public procurement (tender).
- Preparation and submission of a statement of claim and other procedural documents.
- Review of case materials in court.
- Representation of the procurement Participant’s interests in court sessions (no more than three sessions).
- Appeal in the first instance court against illegal decisions of the Antimonopoly Committee of Ukraine, including:
- Legal analysis of the legality and prospects of judicial appeal against the decisions of the Antimonopoly Committee.
- Preparation and submission of a statement of claim and other procedural documents.
- Review of case materials in court.
- Representation of the procurement Participant’s interests in court sessions (no more than three sessions).
- Appeal in the appellate court against illegal decisions of the first instance courts, including:
- Legal analysis of the legality and prospects of judicial appeal against the first instance court decision.
- Preparation and submission of an appeal and other procedural documents.
- Review of case materials in court.
- Representation of the procurement Participant’s interests in court sessions (no more than three sessions).
- Appeal in the cassation court against illegal decisions of the first instance courts, including:
- Legal analysis of the legality and prospects of judicial appeal against the appellate court decision.
- Preparation and submission of a cassation appeal and other procedural documents.
- Review of case materials in court.
- Representation of the procurement Participant’s interests in court sessions (no more than one session).
- Representation of the procurement Participant’s interests in one court session during the consideration of the case on the procurement Participant’s claim to appeal the results of public procurement (tender) or illegal decisions of the Antimonopoly Committee of Ukraine.
Notes:
- Submission of requests to the Customer and complaints to the Antimonopoly Committee of Ukraine is carried out by the Participant independently through the authorized electronic procurement system platform. Assistance from a lawyer/attorney in submitting such documents through the authorized electronic procurement system platform is subject to additional payment.
- Features of payment for services for representing the interests of the public procurement Participant:
- Payment is required for both the actual participation of the lawyer/attorney in the session of the Antimonopoly Committee of Ukraine/court session and the travel of the lawyer/attorney to the Antimonopoly Committee of Ukraine/court for participation in the session, even if it did not take place.
- In case of exceeding the limit of court sessions/sessions of the Antimonopoly Committee of Ukraine, all subsequent sessions are subject to separate payment.
Additional Expenses
The cost of services may be changed by separate agreement of the parties, depending on the complexity of the issue. The cost of services does not include the amount of mandatory payments and fees collected by the Antimonopoly Committee of Ukraine or judicial authorities for filing complaints/claims, as well as the cost of postal correspondence, notary services, judicial examinations, and other similar related expenses associated with representing the Participant in the Antimonopoly Committee of Ukraine or accompanying the case in court.
Expense Reimbursement
The lawyers at “AROU” will make every effort to ensure that in case of judicial cancellation of an illegal decision by the Customer or the Antimonopoly Committee, you are reimbursed for your expenses on our services for accompanying the case in court.
If necessary, we will provide detailed answers to clarifying questions and justify the need for the proposed measures.
