Representation during SAS monitoring: when every wording matters

For many contracting authorities and bidders, procurement monitoring by the State Audit Service (SAS) becomes a stress test: every document, every phrase in tender documentation or proposals, every action of the committee is put under a microscope. The conclusions of SAS affect not only fines for officials but also the contracting authority’s reputation, future inspections and risks for already signed contracts.

The problem is that most mistakes occur not because of “bad faith” but due to technical nuances, inconsistent practice and constant changes in public procurement legislation. As a result, even well‑intentioned contracting authorities and bidders find themselves in a situation where any inaccurate explanation or response to auditors’ requests worsens their position.

How we assist during SAS monitoring

We join at different stages of procurement monitoring and SAS actions and take over the legal side of communication with auditors. In particular, we can:

• analyse the grounds for launching monitoring and identify weak spots in the procurement documents or bid
• prepare well‑balanced explanations to SAS requests to minimise the risk of negative conclusions
• support the contracting authority or bidder in providing documents, remedying violations, preparing internal decisions and minutes
• assess the consequences of a possible SAS conclusion and proactively build a protection strategy (appeals, adjustment of procedures, internal changes)

Our goal is not just “to answer the auditors” but to protect the client from major risks: fines, exclusion from procurement and reputational damage.

Who this service is for

Representation during SAS monitoring is relevant for:

• contracting authorities in public procurement (central authorities, municipal enterprises, local self‑government bodies, state‑owned companies)
• businesses that regularly participate in tenders and want to minimise the risk of challenges to their bids and contracts
• officials who may be exposed to administrative fines following SAS conclusions

In short, for everyone who does not want monitoring to turn into a mere formality ending with fines and a “black mark” in the procurement system.

What you gain as a result

Once we are involved, the client receives:

• a clear picture of risks in the specific procurement procedure
• legally sound explanations and documents for SAS
• an action strategy in case of an adverse conclusion (appeal, litigation, changes to documents)
• reduced personal risks for officials and reputational losses for the contracting authority/company

If you need professional support during SAS monitoring and protection of your interests at every stage, we can provide it.

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