Article 79. Procedure for Filing and Considering Complaints
On public procurement (ZRU-684-son) · Date: 22.04.2021 · In force
The Commission for Considering Complaints in the Field of Public Procurement, upon receipt of a complaint, within three working days from the date of its receipt, shall notify the state customer about this and shall suspend the procurement procedure for a total period of up to ten working days.
The Commission for Consideration of Complaints in the Field of Public Procurement shall consider the complaint with the participation of the state customer and the participant, except in cases where the participant agreed to consider the complaint without their participation or did not participate without a good reason.
The Commission for Consideration of Complaints in the Field of Public Procurement must, within seven working days after receiving the complaint, shall adopt a decision on it and post information about it on a special information portal.
The adopted decision should not contain information, the disclosure of which will violate the commercial interest of the participant (executor) or threaten fair competition, except in cases where the Commission for Consideration of Complaints in the Field of Public Procurement has decided to publish this information.
If the participant's complaint is recognized as grounded, the Commission for Consideration of Complaints in the Field of Public Procurement may take the following measures:
establish a ban on illegal actions, decisions or execution of illegal procedures of the state customer;
partially or completely cancel illegal decisions of the state customer, including if they violate the terms of the public procurement documentation;
decide on the completion of the procurement procedures;
include the executor in the Unified Register of Unscrupulous Executors.
Decisions of the Commission for Consideration of Complaints in the Field of Public Procurement shall be binding on all subjects of public procurement.
The Public Procurement Complaints Commission operates in accordance with this Law and other legislative acts.
The Executor may appeal against the decision of the Commission for Consideration of Complaints in the Field of Public Procurement in court.
