Tender Procedures
Public procurement is the procedure when the Procurer (the Client) places a tender to purchase goods, services or works from the Supplier. In Ukraine such deals are made through the public procurement system Prozorro on one of the trading platforms.
The Client purchases goods or services. In the system he/she places a tender and chooses the participant with the most cost-saving deal.
As the result of the tender the supplier provides goods, services or works to the client. In order to win the tender the Supplier has to provide the best commercial offer and meet the qualification criteria set by the Client.
Announcing tenders
Firstly, the procedure is announced by the Client on the tender platforms, authorized by Prozorro system. To the announcement the Client should enclose tender documentation, in which he/she describes qualification criteria, technical characteristics of the needed product, criteria for the evaluation of tender proposals.
Qualification criteria
- the participant has the necessary equipment, technical base or technologies;
- the participant has staff of the needed qualifications that have knowledge and experience;
- the participant has already an experience of performing the same services, providing the same goods, which can be proven by the previous agreements - this criteria will be used by MPU in its procedures;
- financial capacities, which is confirmed by the financial reporting.
Time period
Each procedure consists of specific phases, between which there are certain actions done by the Client or the Supplier. These phases are almost the same in each procedure. However, depending on the procedure, they might come in different order or time period might be different. These time frames are specified in documents/legal acts, which regulate each procedure.
Procuremetn during the Martial law
Pre-threshold procurement
Pay attention that terms are different for pre-threshold procurement:
- up to 50 thousand UAH;
- from 50 to 200 thousand UAH (up to 1 mln UAH for the Clients in certain spheres)
Clarification period. Participants of the tender might request additional information from the Client, if needed. If the tender is for the sum of 3-50 thousand UAH there are only 1 day for clarifications. For pre-threshold up to 50 thousand UAH - not less than 3 days.
15 day - minimal term for providing offers.
10 days before the deadline of receiving proposals the Supplier can no longer ask the Client questions.
The Client has 3 working days to answer questions from the Supplier. If the Client didn’t provide answers, the procedure calls off.
For up to 7 days the Client can extend the term of providing tender proposals in case if he/she didn’t provide answers to your questions or the demand in time. By extending the deadline of the tender the Client automatically receives the possibility to answer the Supplier’s questions.
Open bidding
The Client organizes open tenders if the sum of purchase is:
- from 200 thousand UAH (1 mln UAH for Clients in certain spheres) for goods and services and 1,5 mln UAH (5 mln UAH for the Clients in certain spheres) for works up to 133 thousand euro.
15 day - minimal term for providing offers.
10 days before the deadline of receiving proposals the Supplier can no longer ask the Client questions.
The Client has 3 working days to answer questions from the Supplier. If the Client didn’t provide answers, the procedure calls off.
For up to 7 days the Client can extend the term of providing tender proposals in case if he/she didn’t provide answers to your questions or the demand in time. By extending the deadline of the tender the Client automatically receives the possibility to answer the Supplier’s questions.
Open bidding with the publication in English
Open tenders with the publication in English (European tenders) – is one of the types of the open bidding procedure, connected with the expected purchase price. Such procedure is used to procure goods and services for the sum starting from 133 thousand euro. If such procedure is used, the following parts of the tender announcement should be duplicated in English:
- Name of the client
- Contact information
- Information on the subject of procurement
- Warranty information
Open bidding with the publication in English differs from the Open bidding by existence of such stages as Prequalification, which substitutes the stage of Opening and review of the proposals, as well as by the time period set for the stage Provision of the proposals.
30 days - minimal period which the Client can set for the provision of tender proposals.
10 days before the deadline of receiving proposals the Supplier can no longer ask the Client questions.
The Client has 3 working days to answer questions from the Supplier. If the Client didn’t provide answers, the procedure calls off.
For up to 7 days the Client can extend the term of providing tender proposals in case if he/she didn’t provide answers to your questions or the demand in time. By extending the deadline of the tender the Client automatically receives the possibility to answer Supplier’s questions.
- Purchase of the art objects or other goods that might anticipate protection of intellectual property rights;
- Lack of competition at the market;
- Urgent need to hold the procurement due to the special social and economic circumstances related to the elimination of emergencies or humanitarian aid of Ukraine to other states;
- When the other public procurement procedures were canceled twice (open bidding, competitive dialogue) due to the absence of the qualified participants;
- Need to purchase additional goods, services or works that are connected with the previous purchase from the same Supplier, if the change of the Supplier might cause technical shutdowns;
- In case needed, purchase of the additional building works, connected with the unforeseen circumstances, if the cost of additional works will not exceed 50% of the cost of the original contract;
- Procurement of the judicial services, connected with the protection of the rights and interests of Ukraine.
Negotiation procurement procedure
Negotiation procurement procedure – non-competitive type of procedure, which includes direct negotiations of the Client with the potential Suppliers, omitting the auction. Such procedure doesn’t oblige the Client to prepare tender documentation. In order to implement such procedure the Client has to justify in the protocol of the tender committee the reason for using such procedure.
- Purchase of the art objects or other goods that might anticipate protection of intellectual property rights;
- Lack of competition at the market;
- Urgent need to hold the procurement due to the special social and economic circumstances related to the elimination of emergencies or humanitarian aid of Ukraine to other states;
- When the other public procurement procedures were canceled twice (open bidding, competitive dialogue) due to the absence of the qualified participants;
- Need to purchase additional goods, services or works that are connected with the previous purchase from the same Supplier, if the change of the Supplier might cause technical shutdowns;
- In case needed, purchase of the additional building works, connected with the unforeseen circumstances, if the cost of additional works will not exceed 50% of the cost of the original contract;
- Procurement of the judicial services, connected with the protection of the rights and interests of Ukraine.
Short negotiating procedure
Negotiating procedure includes the function of short procedure. Short negotiating procedure can be used only in the case of extreme need to procure something, due to special social or economic circumstances, or while procuring goods or services for which the qualification criteria should not be established. Short negotiation procedure differs from the others by the duration. The agreement is concluded not earlier than 5 days and not later than 20 days after the Client announces the intention to enter into agreement in the system.