Analysis of Changes to the CMU Decree No. 169 dated February 28, 2022 from SmartTender Lawyers

On July 1, SmartTender lawyers held a webinar in which they reviewed the fundamental changes to CMU Resolution No. 169 dated February 28, 2022 "Some issues of defense and public procurement of goods, works, and services under martial law", which were adopted by the government on June 24, 2022.

We suggest you watch the recording of this webinar to stay up-to-date on current legislation and understand in which cases you can purchase the works, goods, and services directly.

You can also download the presentation file by clicking the button below.

Також ви можете окремо завантажити файл презентації, натиснувши кнопку нижче.

Download the presentation

What Was Discussed at the Webinar?

During the webinar, answers were given to the following questions regarding the changes in the procurement procedure during martial law:

1. 1. What will be the procurement procedure (including without the use of an electronic system) during martial law?
   2. Which government customers are allowed to continue procurement without the use of procurement procedures or simplified procurement (with examples)?
   3. How to make a purchase in Prozorro Market, if the value of the product exceeds 200,000 hryvnias, provided that two or more offers from suppliers are placed in the product profile?
   4. How have the requirements for the procedure for publishing a report on a procurement contract concluded without the use of an electronic procurement system and related documents changed?
   5. Who has the right to organize and carry out purchases in accordance with the new changes in the Resolution of the CMU No. 169?
   6. What principles to follow when concluding a direct contract?

SmartTender lawyers also reviewed the list of exceptions for which it is not necessary to apply a procurement or a simplified procurement procedure and said:

1. 1. How do you know if the information in your contract is restricted information?
   2. How to find out whether a community belongs to the list as such, located in the area of ​​military (combat) operations?
   3. Is it legal to conclude direct contracts with the supplier of universal services for electric energy, taking into account the order of the Ministry of Energy of Ukraine dated 13.04.2022 No. 148 "On the settlement of issues related to the supply of electric energy to consumers and settlements between participants of the retail electric energy market during the period of martial law in Ukraine"?
   4. How to determine to the customer that it belongs to the objects of critical infrastructure?

At the end of the webinar, answers were provided to the listeners' topical questions, in particular, regarding the need to create a plan for simplified procurement and publicize contracts that were concluded by June 24, 2022, according to CMU Resolution No. 169.

How to Ask Questions to Lawyers About the Changes to Resolution of the CMU No. 169?

If you have any questions, you can ask our lawyers by filling out the form on this page or using the contacts indicated at the end of the presentation.