Drawing up a draft purchase agreement on Prozorro

Any type of public procurement in Ukraine is always aimed at one goal - to find a tender winner who will satisfy all the customer's requirements, and conclude a contract with him on the performance of works, provision of services or delivery of goods, etc. However, the customer should work with such a contract not at the final stage of public procurement completion, but already when the provisions of the tender documentation are being developed. This is explained by the fact that the draft contract with the mandatory indication of changes to its terms is a direct part of the tender documentation. And it is at this stage that it is important to correctly draw up the terms of the draft purchase agreement. What is the relevance of the chosen topic for today. Therefore, in this article, we will talk about the features of drawing up a draft purchase agreement on Prozorro.

What should be understood by the purchase agreement?

The provisions of the Law of Ukraine "On Public Procurement" state that

a procurement contract is one of the types of business contracts, which is concluded between a participant and a tender customer as a result of the public procurement procedure.

It provides for the establishment of obligations regarding the performance of certain works, provision of services and delivery of goods, as well as their payment.

Based on the analysis of the above concept, the main features of the purchase agreement can be identified, namely:

• The procurement contract is always related to the public sector, since the majority of the contracting parties are state authorities, self-governing municipalities, other legal entities and business entities, which can be contracting parties within the meaning of Article 2 of the Law on Public Procurement;
• It provides only for paid performance of work, provision of services or delivery of goods, and therefore such contracts as: reimbursement of costs, instructions, commissions cannot be contracts for purchase;
• It is a type of economic contract, and therefore it is entered into taking into account the provisions of the Civil and Economic Codes, as well as the Law "On Public Procurement" and Features, which were approved by the Resolution of the CMU No. 1178 of 12.10.2022.

What are the essential terms of the purchase agreement?

• General (contains any contract on public procurement) - these should include: the price and term of the contract, its subject and other conditions that can be determined as essential or that need to be agreed upon when concluding the contract;
• Special (applies only to specific types of procurement contracts) - for example, CMU Resolution No. 688 of August 1, 2005 specifies that the draft contract for the procurement of works must necessarily take into account the provisions of this regulatory act when determining the essential terms of the subcontract, otherwise it can be will be invalidated. Also, special conditions include the procedure for changing the essential terms of the purchase agreement on Prozorro.

Pay attention! When drawing up a draft of the procurement contract, it is recommended to define in the tender documentation itself what are the essential terms of the procurement contract in order to be able to change the necessary provisions in the future.

If you have any questions regarding the correct drafting of a draft purchase agreement on Prozorro, please contact the Prykhodko and Partners law firm.

Our lawyers have an excellent understanding of the specifics of public procurement in Ukraine, and therefore will be able to draw up all the necessary documentation needed by the company's client without any problems, as we have many years of experience in this area of law. To calculate the price for drawing up a draft purchase agreement, fill out the application form below.