How to lodge a complaint

In accordance with clause 1 Article 53 of the Law of the Republic of Belarus dated July 13, 2012 “On Public Procurement of Goods (Works, Services)” (hereinafter referred to as the Law), a participant or another legal or natural person including a self-employed entrepreneur may lodge a complaint to the authorized public procurement agency in the manner prescribed by the abovementioned Article and Articles 54-56 of the Law against the actions (omissions) and (or) the decisions of the customer (the organizer), the commission and (or) its members, the commodity exchange, the operator of the electronic trading platform, the operator of the official website, in case of violation of the rights and legitimate interests.
 

• Please note:  Public procurement is the acquisition of goods (works, services) in whole or in part using budgetary funds and (or) state extra-budgetary funds by recipients of such funds 
   

Clause 1 Article 54 of the Law specifies that a complaint submitted to the authorized public procurement agency (the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus) must include:

• name (surname, first name, patronymic (if any), identity document data for a natural person including a self-employed entrepreneur), location and identification number of a payer, a participant or another legal or natural person including a self-employed entrepreneur who lodge a complaint, or any representative, contact phone number;
• name (surname, first name, patronymic (if any) for a natural person including a self-employed entrepreneur), location, payer's identification number and contact phone number of the customer (the organizer), the commission and (or) its members, the commodity exchange, the operator of the electronic trading platform, the operator of the official website against whose actions (omissions) and (or) decisions a complaint has been lodged;
• name of the type of the procedure for public procurement specifying its registration number;
• source of public procurement financing;
• essence of actions (omissions) and (or) decisions under complaint;
• documents and information confirming the validity of a complaint indicating the legal facts and other circumstances evidencing non-compliance of actions (omissions) and (or) decisions with the law on public procurement.  
   

The complaint shall be signed by a participant or another legal or natural person including a self-employed entrepreneur, or any representative. A complaint submitted by a representative of a participant or another legal or natural person including a self-employed entrepreneur must be supplemented with a power of attorney or another document confirming his/her powers to sign a complaint.
 

• Please note: Article 54 of the Law unequivocally obliges an applicant to submit documents and information confirming the validity of a complaint indicating the legal facts and other circumstances evidencing non-compliance of actions (omissions) and (or) decisions with the law on public procurement. For example, an expert opinion (letter) of the authorized body (organization) confirming the validity of a complaint may serve as such document. It is also possible to indicate in a complaint the commitment to provide such a document during the consideration of a complaint (with the obligatory justification of a reason).
   

In addition, pursuant to clause 2 Article 54 of the Law a complaint to the authorized public procurement agency can be submitted only within the following time limits: 

• with respect to an invitation and documents submitted to a participant for the preparation of a bid - within the term for the preparation and submission of bids;
• in other cases - not later than ten working days from the date the participants are informed about the choice of a winning participant or the public procurement is cancelled or declared void.
   
• Please note: A complaint shall be submitted only in writing. A complaint submitted by facsimile or e-mail shall not be considered, and it shall be returned to the complainant.
   

Thus, if the content of a complaint does not comply with at least one of the requirements mentioned above, and also if a complaint is submitted upon the expiration of the above-mentioned time limits, a complaint shall not be considered, and it shall be returned to the complainant (clause 7 Article 55 of the Law).
 

• Please note: The deficiencies mentioned in the reply to the complaint can be eliminated, and the complaint can be resubmitted provided that the time limits specified in clause 2 Article 54 of the Law have not expired.
   

In view of the foregoing, when submitting a complaint to the Ministry of Antimonopoly Regulation and Trade, special attention shall be paid to preparing complaints in accordance with the requirements of Article 54 of the Law.