Let's start with what the business is most interested in - the new price for filing a complaint✍
Now board size is differentiated:
- at the stage of submission of proposals the cost of the complaint is 0.3 % of the value of the subject of procurement, but not less than 2 thousand UAH and not more than 85 thousand UAH. and
- 0.6 % of the value of the subject of procurement, but not less than 3 thousand UAH and not more than 170 thousand UAH - for decisions made after the opening of tenders.
For comparison with the previous version of the law: earlier, when appealing the tender documentation for the purchase of goods worth UAH 5 million, it was necessary to pay UAH 5,000, and now - UAH 15,000.
A different fee is set for the procurement of energy efficiency measures. Features you can view in Resolution of the Cabinet of Ministers of 22.04.2020 № 292.
But there is also good news. Now payment is refundable: the complainant in the following cases:
– satisfaction or partial satisfaction complaints;
- leaving the complaint without consideration or terminating its consideration if the customer has eliminated the violationspecified in the complaint.
In other cases, the payment is transferred to the state budget.
The complaint is registered only after its full payment. The system independently calculates the amount and payment is made immediately in the system.
Now the complaint is impossible: withdraw after its registration.
Like the customer, he cannot now cancel the appealed procurement procedure ♀
The terms of consideration have been reduced to 10 rubles. days.
The AMCU can reasonably extend the term to 20 rubles. days.
The customer is obliged to execute the decision based on the results of the complaint within 30 days from the date of its issuance, if it has not been appealed in court. For non-compliance, the customer's manager is threatened fine from 34,000 to 85,000 hryvnias.
It is allowed to file a complaint directly to the court ⚖ without prior appeal to the AMCU.
And most importantly: For appeals against purchases that were initiated before 19.04.2020, a fee is charged in the previous amount: 5 thousand UAH - for the purchase of goods and services, 15 thousand UAH - for works.
Looking for more information about the new features of tenders, then we advise read our article, where we collected the main novelties of the Law
