Challenging tenders before the AMCU: when a contracting authority’s decision can and should be changed

In public procurement, mistakes made by the contracting authority or deliberately “tailored” requirements often predetermine the tender outcome even before bids are submitted. For businesses, this means a lost contract and wasted time and resources invested in preparing documents. For bona fide contracting authorities, it brings the risk of complaints, delayed procedures and increased scrutiny from oversight bodies.

The mechanism for complaints to the Antimonopoly Committee of Ukraine (AMCU) is a tool that allows you to protect your rights in public procurement in a civilised way: through procedure rather than informal arrangements. The key question is how well the complaint is drafted and whether it is backed by a clear legal position rather than emotions.

When it is worth filing a complaint with the AMCU

We recommend considering an AMCU complaint if you see that:

• the tender documentation contains discriminatory provisions that artificially narrow the pool of participants
• the requirements are formulated in such a way that they “fit” one specific supplier
• your bid has been rejected on formalistic or contrived grounds
• the winner is a bidder who does not meet the established conditions
• the contracting authority breaches the procedure when amending documents, cancelling the tender or qualifying bidders

The main thing is not to miss the deadline and to properly record the violation so that the AMCU has something substantive to review, not just a bidder’s indignation.

What we do when challenging a tender

We handle the entire legal side of preparing and supporting an AMCU complaint:

• we analyse documentation, minutes, decisions of the contracting authority and bidders’ proposals
• we assess whether there are solid legal grounds for challenging the decision and what the realistic chances of success are
• we draft the complaint with a clear description of violations, references to legal provisions and relevant case practice
• we support you during the AMCU review: prepare written explanations and arguments, and help shape your position for the hearing
• after the decision, we develop a follow‑up action plan (re‑participation, alternative strategy, parallel legal steps)

Our objective is not merely “to file a complaint” but to achieve a practical result: cancellation of unlawful requirements or decisions of the contracting authority.

Who this service is for

AMCU tender‑challenge services are relevant for:

• businesses that work systematically in public procurement and are not prepared to accept clearly unfair conditions or decisions
• companies entering the ProZorro system for the first time and wanting to understand how the rights‑protection mechanism actually works
• contracting authorities that need a legal position in response to a bidder’s complaint and an assessment of their own risks

In public procurement, success depends not only on offering the best price but also on the ability to defend your rights procedurally.

If you need to challenge a tender before the AMCU or assess your chances of success before filing a complaint, we can help.

Author – Maksym Bahniuk, Head of Tax and Customs Law Practice at Law Firm “WINNER”.
Contact: info@uk-winner.com | +38 (096) 574 81 02