Prozorro

On May 12, the Cabinet of Ministers of Ukraine adopted Resolution No. 471 introducing changes to the specifics of public procurement during the period of martial law. One of the main news is that the three-round auction stage will return to open bids with features. We remind you that since January it was temporarily canceled due to frequent power outages.

In Can Which Case Open Bids with Features Be Conducted Without an Auction?

If only one participant submitted an offer for the purchase, the auction stage will be absent, and the supplier will automatically enter the qualification stage.

If two or more suppliers participate in the tender, an auction must be held. However, according to the reasoned decision of the organizer, the bidding can take place without a three-round auction stage – in this case, the participant who offered the most favorable price at the stage of submitting offers automatically becomes the winner. Thus, Prozorro retains optionality, which will allow in the future to respond promptly to the return of power outages or the occurrence of other wartime force majeure events.

What Other Changes Does Resolution No. 471 Provide for?

The following important changes were also made to the Peculiarities of public procurement during martial law:

1. Companies whose assets have been placed at the disposal of the National Agency for Identification, Search, and Management of Assets Obtained from Corruption and Other Crimes will be able to participate in public procurement.
2. Purchases of goods, services, and works with the funds of credits, grants, or loans obtained thanks to concluded international agreements with international monetary and credit organizations will be carried out by Ukrainian legislation and taking into account the requirements and conditions approved by such organizations. This is another step towards ensuring the possibility of holding tenders for the restoration of Ukraine with the funds of international partners precisely in the Prozorro system.
3. The State Criminal Enforcement Service of Ukraine will be able to make purchases in the Prozorro Market catalog, which will allow purchasing food products as quickly as possible for the uninterrupted supply of food to its institutions.
4. The State Audit Service of Ukraine received the right to conduct monitoring under direct contracts.

We note that the text of the Resolution was officially published in the "Government Courier" on May 16. According to the provisions of the Resolution, it enters into force three days after its publication.

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