The expert group of Transparency International Ukraine urges the Government to pass the Directive on Disputing Procurement with the Anti-Monopoly Committee of Ukraine as soon as possible.
On April 19, the new version of draft law “On Public Procurement” is coming into effect. For everything to run smoothly, the law alone is not enough. It is necessary to develop a number of regulatory acts, and the Directive on disputing procurement with the AMCU is among the most critical ones.
Since April 19, procuring entities will be announcing new tenders, but the participants will not be able to dispute them until the government adopts the respective regulation. This provides a major loophole for violations.
If the directive is adopted, though, the cost of disputing will be calculated differently. It will be based on the expected cost of the procurement. The fee will also depend on what exactly is being disputed: the requirements of the tender documentation, participant disqualification, etc. Before, the disputing fee was fixed: UAH 5,000 for procurement of goods and services, and UAH 15,000 for procurement of works. This meant that not all suppliers were in equal conditions.
The directive also establishes the payment procedure through the electronic system and the fee recovery to the claimant if the AMCU grants the complaint.
Transparency International Ukraine urges the Government to adopt the Directive as soon as possible.