Resolution 1178

The Government adopted Resolution No. 1178 dated 12.10.2022 (hereinafter referred to as the Resolution), which approved the specifics of public procurement of goods, works, and services for customers, specified by the Law of Ukraine "On Public Procurement", for the period of the legal regime of martial law in Ukraine and within 90 days from the date of its termination or cancellation.

Today, October 18, such Resolution was published on the website of the Cabinet of Ministers of Ukraine. We tell you what will change in procurement procedures.

The Main Changes Introduced by the Resolution

We draw your attention to the following key changes:

1. According to the Features, the main procedure in the Prozorro system is open bidding with peculiarities. In addition, as an alternative to open auctions, procurement through Prozorro Market is allowed, and in exceptional cases, based on a direct contract.

2. Resolution introduces new thresholds for mandatory purchases from Prozorro. The threshold for conducting open tenders with peculiarities for various procurement items is as follows:

- - for goods and services – from UAH 100,000;
  - for ongoing repair services – from UAH 200,000;
  - for works – from UAH 1.5 million.

3. Open auctions with peculiarities can be conducted with an offer from only one participant (and not two, as before).

4. Restrictions on the maximum purchase amount in Prozorro Market are removed.

5. The minimum terms for accepting offers are changed (7 calendar days instead of 15).

6. The terms for the period of submission of the winner's documents, the period of appeal, and the period of the conclusion of the contract are changed.

7. The list of non-conformities for which the customer is obliged to provide 24 hours for correction is being expanded.

8. Resolution directly imposes a ban on the purchase of goods, works, and services from Russia and Belarus, as well as a ban on concluding contracts with companies that have beneficiaries from these countries.

We also note that, according to the Resolution, the procurement of goods, works, and services, which began before the entry into force of this Resolution, will be completed in the order that was in effect before the entry into force of this Resolution.

When Will the Resolution Enter into Force and Where to Learn More About the Changes Introduced by It?

Resolutions of the Cabinet of Ministers of Ukraine enter into force from the day of their official publication. Official publication of the resolutions of the Cabinet of Ministers of Ukraine is carried out in the newspaper "Government Courier" and the Official Gazette of Ukraine, as well as in other official printed publications and printed mass media specified by law.

So, we are waiting for the official publication of the Resolution, which should take place soon. We'll let you know right away.

Next week the SmartTender lawyers will hold a free webinar where they will analyze all the main features contained in the adopted Resolution.

Follow our announcements, and take care of yourself and your loved ones! Everything will be Ukraine!