Prozorro

Law No. 2958-IX dated 24.02.2023, which introduces changes to the Law "On Defense Procurement", enters into force today. An exception is only paragraphs 5, 6, 10, 11, and 12 of item 6 of section I – they enter into force after another 30 days. We talk about the main things that Prozorro customers should pay attention to.

In What Case Is It Necessary to Publish Information About a Purchase Agreement Concluded Outside Prozorro?

Customers concluding a contract based on the results of a purchase made outside the electronic system must publish a report on such a contract in Prozorro in the following cases:

- if goods or services designed to ensure defense and security are purchased, in the amount of UAH 200,000 or more;
- if works designed to ensure defense and security are purchased, in the amount of UAH 1.5 million or more.

The new rules do not apply to defense purchases, the subject of which are:

- goods, services, or works constituting a state secret;
- military and special equipment, weapons, ammunition, and their components, as well as services for the development, repair, and modernization of all of the above.

The report must be published in the Prozorro system within 10 working days from the date of the conclusion of the agreement.

Regarding the Publication of Information About Contracts that Were Previously Concluded Outside Prozorro

Customers who, in the period from 24.02.2022 to the date of entry into force of Law No. 2958-IX, did not make public the information specified in Part 5 of Art. 30 of the Law "On Defense Procurement", must make it public within 60 days from the date of entry into force of the changes to Part 5 of Art. 30 of the Law "On Defense Procurement".

Since the changes to the mentioned part are described in Clause 6 of Section I of Law No. 2958-IX, they shall enter into force 30 days after the date of entry into force of this Law. Thus, it is necessary to publish reports on contracts previously concluded outside the electronic system from the 31st to the 90th day from the date of entry into force of Law No. 2958-IX.

What Should Be Noted in the Report?

The report on the contract concluded outside the electronic system (except for procurements that constitute an exception) must be published with the following information:

- name of the state customer (military unit, service of the state customer);
- what exactly is purchased and under which CPV code – separately for each lot;
- the price of services or works, and the cost of each nomenclature item of the product (at the same time, it is also necessary to specify its unit of measurement).

If services were purchased for providing military units with food and food kits, food organizations – in a separate appendix to the report, the cost of all components of such services should also be indicated (exception is only data that is a state secret) along with the following information:

- separate names of food products (goods);
- price per unit of each product name and product measurement unit;
- cost of individual services;
- the total cost of goods;
- payment terms for such goods.

The article is prepared based on material from Prozorro Infobox.