One of the main functions of the State is the procurement of goods, works and services to meet public needs. The efficiency, comprehensiveness, accessibility, stability and transparency of public procurement procedures as well as the development of a competitive economy depend on how rationally and efficiently public funds are used.

For many years, Arzinger has been providing legal support to customers in tenders held by the state (public bidding). Our team has negotiated dozens of contracts and defended the interests of many domestic and foreign clients, in particular by having successfully appealed unlawful requirements of bidding documents as well as actions and omissions of customers to the Antimonopoly Committee of Ukraine and other competent authorities.

In 2020 alone, Arzinger team supported our clients in tenders totaling upward of UAH 2.5 billion. Our lawyers are authors of numerous legislative amendments to public procurement legislation and understand how it works both in theory and in practice.

International and Ukrainian pharmaceutical companies

Leading companies in the FMCG sector

Construction and energy companies

International IT-corporations

State companies

Maritime companies

Services for bidders

• preparation and analysis of documents for participation in public procurement (including in terms of antimonopoly risks), assistance in obtaining the documents necessary to register and submit a bid
• advising on the legal requirements for participation in public procurement, ongoing support for bidders
• legal support to non-resident bidders in public procurement
• preparation and analysis of tender bids for participation in public procurement to prevent the rejection of bids by customers
• analysis of customers’ tender documentation for discriminatory conditions, assessment of the prospects for contesting tender documentation
• services of professional communication with customers within the limits stipulated by applicable law
• appeals of procurement procedures to the Antimonopoly Committee of Ukraine: drafting and submitting complaints about discriminatory terms of bidding documentation; about customers’ actions during the preparation of tender bids by participants; customers’ actions regarding the rejection of bids; inconsistency of bids of participants admitted to an auction / incompliance of a winner’s bid with documentation requirements; customers’ omissions in relation to the enforcement of the AMCU’s decision; advising on issues of evidentiary base needed to successfully defend a client in the AMCU’s proceedings and appeal procedures
• representation of bidders in the Antimonopoly Committee in proceedings concerning violations of public procurement law
• appeals against AMCU’s decisions, representation and defense of participants by professional and experienced attorneys
• legal support in negotiating contracts as well as appeals against contracts awarded
• advising on procedures for calculating and taxing clients awarded public procurement contracts
• legal support in tenders for the right to conclude lease / purchase agreements on public real estate
• trainings and advice on participation in public procurement
• conducting Due Diligence to comply with the legislation on the protection of economic competition
• representing bidders in their relations with supervisory and law enforcement authorities, in particular during inspections, searches, other investigative actions, advising on issues of interaction with authorities

Services for customers in tenders

• advising on public procurement law and practical aspects of its application
• conducting trainings and advising on organization of public procurement in accordance with legislation, taking into account the antimonopoly committee’s practice established regarding appeals against bidding documents and procurement procedures, as well as court practice
• legal support in the development of procurement information and tender documentation
• analysis of the customer’s tender documentation in terms of discriminatory conditions, assessment of prospects for participants to contest tender documentation
• representing customers in the Antimonopoly Committee of Ukraine in cases concerning violations of procurement procedures in bidders’ appeals against procurement procedures to the AMCU
• appeals against decisions of the Antimonopoly Committee of Ukraine to the court, representation and defense of clients by professional attorneys
• legal support in the negotiation of procurement contracts awarded
• advising on legal requirements for bidders in public procurement, in particular, on taxation matters
• conducting Due Diligence on compliance with competition law
• representing bidders in their relations with supervisory and law enforcement authorities, in particular during inspections, searches, other investigative actions, and consulting on issues related to interaction with authorities