The government has prepared a new draft law on public procurement: the Ministry of Economy told what it provides for

The Cabinet of Ministers has prepared a draft law that will improve the public procurement process in the context of the post-war reconstruction of the country, as well as bring Ukraine's legislation closer to EU standards. The Ministry of Economy explained what changes are being discussed for public procurement and  why they are needed, Reports UNN. 

Details

It is reported that the relevant bill was adopted by the government at a meeting on August 16.

According to Deputy Minister of economy Nadezhda Bigun, now public procurement is carried out taking into account separate  government regulations, in particular regarding the specifics of public procurement of goods, works and services for customers. The agency  wants to move some proven effective tools for conducting public procurement to the level of law.

This includes, in particular, a mechanism for correcting errors, simplifying bid mechanisms, using an electronic auction, and enabling bidders to submit bids at a price higher than the expected purchase price. The adoption of this law will introduce new effective tools that are already working in the EU. This will allow us to improve the efficiency of public spending, as well as better plan and implement the procurement process

European innovations

Following the example of the EU, new procurement procedures will appear in Ukrainian legislation, which are provided for by European directives,  regulating the scope of procurement, innovative partnership procedures, reserved contracts, dynamic procurement systems, project competitions, joint procurement. A number of terms and definitions have been revised to comply with European directives.

for veterans

The draft law introduces such a procurement procedure as reserved contracts. It will provide businesses created by war veterans and persons with disabilities with the opportunity to participate in public procurement under special conditions. The main purpose of such a procedure is the social and professional integration of persons with disabilities and veterans.

improved procedures

The draft law provides for expanding opportunities for correcting errors. The changes allow bidders to correct errors in their bids within 24 hours, which significantly increases the number of successfully completed bids. According to the data, in 2022-2023, 90.6% of participants who corrected mistakes were recognized as winners.

In addition, the document provides for the introduction of joint purchases, which will allow customers to combine their needs for more efficient procurement. 

raising thresholds

The innovations also relate to the regulation of purchases depending on the cost of the purchase item. 

It is proposed to make the use of electronic catalogs mandatory for purchases of goods worth from 50 thousand to 400 thousand hryvnias. This will increase the transparency and efficiency of procurement, which is necessary at this stage of the country's development.

If there is a purchase of works in the amount of 200 thousand to 1.5 million hryvnias, the customer will be able to make a purchase without using an electronic system, but with the mandatory publication of a report on the purchase in the electronic system. The customer will also be able to make a purchase through an electronic system in accordance with the procedure determined by the administrator of this system.

When purchasing goods and services in the amount of 400 thousand hryvnias to the equivalent of 133 thousand euros, as well as works in the amount of 1.5 million hryvnias to the equivalent of 5 150 thousand euros, the customer will be required to make purchases through open bidding, negotiation procedure or competitive dialogue.  at the same time, the Cabinet of Ministers of Ukraine may approve a list of procurement items that must be purchased through an electronic catalog.

prohibition for the aggressor

The draft law  prohibits public procurement in companies associated with the Russian Federation, the Republic of Belarus, the Islamic Republic of Iran and residents of these countries.

recall 

The Cabinet of ministers adopted a resolution that will allow to purchase drones from Ukrainian manufacturers through the closed functionality of Prozorro. Previously, you can only buy foreign-made drones through Prozorro.