Complaints in the Field of Public Procurement

The institution of complaints in the public procurement system of the Republic of Uzbekistan plays a key role in ensuring transparency, accountability, and the protection of participants' rights. Complaints serve as a legal control mechanism that allows for the elimination of violations arising in the activities of state customers, procurement commissions, and electronic system operators.

The legal regulation of the complaint mechanism is enshrined in the Law “On Public Procurement” (Law No. ZRU-684 of April 22, 2021). Chapter 11 establishes the procedure, powers, and processes for reviewing complaints.

Complaint Review Commission

• Established under the authorized body as a permanent collegial body.
• The composition consists of representatives of state bodies, electronic system operators, and the public, approved by the Cabinet of Ministers.
• The authorized body acts as the working body of the commission, ensuring the organization of its activities.

Right to File a Complaint

• Participants in procurement procedures and controlling entities may challenge the actions (or inaction) of the customer, the commission, its members, or the operator of the electronic system if their rights and legitimate interests have been violated.
• Additionally, citizens, the media, and NGOs, within the framework of public oversight, have the right to apply to state bodies and courts when violations are detected.

Procedure for Filing and Reviewing a Complaint

1. Registration of the complaint – within 3 working days, the commission notifies the customer and suspends the procurement (for up to 10 working days).
2. Review – conducted with the participation of the customer and the applicant (unless the applicant declines to be present).
3. Timeframe – the decision is made within 7 working days and published on a special information portal.
4. Decision – must not disclose commercial secrets or violate competition, except in cases expressly indicated by the commission.

Possible Measures Based on Complaints

The commission may:

• Prohibit unlawful actions or procedures of the customer;
• Annul unlawful decisions (in whole or in part);
• Terminate procurement procedures;
• Include the contractor in the Unified Register of Unscrupulous Suppliers.

Conflict of Interest

To avoid bias:

• Commission members are obliged to recuse themselves in the event of a conflict of interest or affiliation;
• If revealed later, their vote is annulled;
• Information on such cases is forwarded to the Cabinet of Ministers.

Right to Further Appeal

• Commission decisions are binding on all procurement entities.
• However, they may be appealed in court.

The Complaint Review System in Public Procurement

The system for reviewing complaints in Uzbekistan’s public procurement represents an important mechanism for protecting participants and ensuring compliance with the law. It provides a balance of interests between customers and suppliers, increases trust in the procurement system, and reduces corruption risks.

Stages of Filing and Reviewing a Complaint in Public Procurement

Stage	Action	Responsible Authority/Person	Timeframe	Consequences / Results
1	Filing a complaint (against the actions/inaction of the customer, commission, or system operator)	Procurement participant / monitoring entity	—	Appeal procedure initiated
2	Registration of the complaint and notification of the customer	Complaint Review Commission	3 working days	Procurement procedure suspended for up to 10 working days
3	Review of the complaint with the participation of the parties (customer and applicant)	Complaint Review Commission	Within suspension period (up to 10 days)	Applicant may refuse to participate or be absent for valid reasons
4	Decision-making	Complaint Review Commission	7 working days from receipt of complaint	Decision published on special portal; commercial secrets and fair competition respected
5	Measures following results	Complaint Review Commission	—	- Prohibition of unlawful actions; - Annulment of unlawful decisions; - Termination of procurement procedures; - Inclusion of supplier in the register of unscrupulous entities
6	Obligation to implement	All procurement entities	—	Decisions are mandatory
7	Right to further appeal	Participant / supplier	—	Commission’s decision may be appealed in court