The government initiates an update of the law on public procurement: what changes to expect
Currently, public procurement is conducted in accordance with special government regulations.
The Cabinet of Ministers adopted a draft law to improve the process of public procurement in the context of Ukraine’s post-war recovery. informs Ministry of Economy. In addition, the document is aimed at harmonizing Ukrainian legislation with EU norms.
Currently, public procurement is conducted in accordance with government regulations. The government proposes to transfer some of the public procurement tools to the level of law.
The draft law provides for the simplification of mechanisms for submitting proposals, the use of electronic auctions, and also allows participants to submit tender proposals with a price higher than the expected purchase price. It is expected that the adoption of this law by the Verkhovna Rada will allow the implementation of new instruments that are already in force in the EU, increase the efficiency of the use of public funds, and also improve the planning and implementation of the procurement process.
The draft law prohibits public procurement from companies associated with the Russian Federation, the Republic of Belarus, the Islamic Republic of Iran and their residents.
The document also introduces new procurement procedures borrowed from European directives, such as innovative partnerships, reserved contracts, dynamic procurement systems, project tenders and joint procurement.
The reserved contracts provided for in the draft law will give enterprises created by war veterans and persons with disabilities the opportunity to participate in public procurement on special terms. The main goal of this procedure is the social and professional integration of persons with disabilities and veterans.
The bill also improves the procurement process by allowing bidders to correct errors in their bids within 24 hours, which will significantly increase the number of successfully completed bids. In addition, the document provides for the introduction of joint procurement, which will enable customers to combine their needs for more efficient procurement.
It is proposed to make the use of electronic catalogs mandatory for purchases of goods worth from UAH 50,000 to UAH 400,000. If works are procured in the amount of UAH 200,000 to 1.5 million, the customer will be able to do so without using the electronic system, but with mandatory publication of the report on the procurement in the electronic system.
When purchasing goods and services in the amount from UAH 400,000 to the equivalent of €133,000, as well as works in the amount from UAH 1.5 million to the equivalent of €5.2 million, the customer will be obliged to purchase through open tenders, a negotiation procedure or competitive dialogue.
