❗️ The answer is very simple - contact DMYTRO ZABAVSKYI`S Law Office!
It is no secret that the selection of candidates in the procurement procedure begins with the evaluation of the tender offer, where even the smallest inaccuracies or inconsistencies in the customer's documents may deprive you of the chance to participate in the procurement.
We have developed our own strategy and basic rules of support of participants in the procurement procedure throughout Ukraine to achieve the victory of our clients in state and commercial tenders.
And now for more details on what to expect from the new Law of Ukraine «On Public Procurement».
The new version of the Law of Ukraine «On Public Procurement» comes into force on 19.04.2020. Its purpose is the harmonization of public procurement rules by the standards of the European Union.
The procedures for procurement of goods, works and services initiated before the entry into force of this Law shall be completed by the procedure that was in force before the entry into force of this Law. Procurement contracts concluded before entry into force of this Law shall be fully implemented before the expiration of the period for which such contracts were concluded.
The new version of the Law envisages the following changes in the procurement system:
✅ simplified procurement;
✅ new competitive procurement procedure - restricted tendering;
✅ definition of abnormally low tender offer price;
✅ possibility to correct the discrepancy in the information and / or documents presented in the tender offer within 24 hours;
✅ changes in evaluation criteria.
Also, the new version of the Law provides for such a mechanism as consultations with the market, which can be conducted through the electronic procurement system by sending by a customer and receiving responses from business entities or by organizing open meetings with potential participants. Received recommendations and information on the results of market consultations can be used by the customer in preparation for the procurement, namely, in terms of establishing technical requirements for the subject of procurement, qualification criteria for participants, attracting a wider range of potential participants.
Starting from 01.01.2022, procurement can be organized exclusively by authorized persons. The new version of the law provides for the possibility of organizing and conducting procurement procedures by the tender committee only by 01.01.2022. Also, the authorized person to perform its functions will have to confirm their level of possession of the necessary (basic) knowledge in public procurement on the web portal of the Authorized Body by passing free testing.
The new version of the Law provides for changes in the procedure for appealing against procurement procedures:
✅ the fee for filing a complaint will be collected through the electronic procurement system;
✅ the fee for filing a complaint will be refunded if it is satisfied;
✅ the amount of the fee, the procedure for payment and its return to the subject of appeal is determined by the Cabinet of Ministers of Ukraine;
✅ a complaint cannot be withdrawn if it is entered into the register of complaints and if a registration card is formed for it;
✅ the term for consideration of a complaint by the appeal body is 10 working days from the date of commencement of consideration, the maximum extension is up to 20 working days.
✅ the electronic procurement system automatically stops the beginning of the electronic auction and does not make public: the customer's decision to cancel the tender or recognize its cancellation, the procurement contract, and the report on the results of the procurement, after the subject of the complaint to the appeal body;
✅ the right to appeal does not limit the right of a subject to appeal to the court without prior application to the appeal body.
Getting the predicted positive results confirms that if you do not see a way out of a difficult situation - it does not mean that it does not exist. Trust the professionals!
Lawyer, partner Dmytro Zabavskyi