From what amount is the public tender in 2023?

From what amount is the public tender in 2023? This issue is often raised by citizens who participate in public procurement or directly by the organizers of open auctions in the conditions of martial law in the country. It arises because not everyone can understand the legislation in the field of public procurement and, as practice shows, changes to normative legal acts are made quite often. And that is why the topic is relevant today. In this article, we will take a detailed look at the current legislative provisions on public procurement and determine from what amount a public tender will be held in 2023.

What types of tenders exist as of 2023?

During the period of martial law in Ukraine, state customers of public tenders carry out the following purchases (in accordance with the resolution of the CMU #1178 of October 12, 2022):

• Open bidding with special features - in Ukraine, it is the most used type in practice during public procurement;
• Simplified procurement - used in those cases when the customer wishes to carry out a competitive procurement within the cost limits, which are smaller for conducting open tenders with special features;
• Procurement without the use of the Prozoro system - a direct contract is concluded with a supplier of goods, or a contractor of works and services, which the customer chooses independently, without competitive bidding (simplified procurement);
• Purchase via electronic catalog - customers can use this type as an alternative to simplified and direct purchases when they intend to purchase goods that are already included in the standard electronic catalog on Prozoro Market. However, it is important to note that this view is limited to standard items and cannot be used to purchase works from this catalog.

It is worth noting that all of them have their own peculiarities of implementation in practice.

What are the main features of open auctions?

Open auctions with special features are one of the most popular ways of conducting public procurement in Ukraine under martial law. This is explained by the fact that all business entities can participate in them, and the minimum number of offers for their holding must be at least two from participants in open bidding. Participants who wish to participate in open tenders must submit their proposals within seven calendar days, and the presence of tender documentation is mandatory for them.

What are the cost limits of public tenders in 2023?

In accordance with the Resolution of the CMU No. 1178 dated October 12, 2022, customers who want to carry out public procurement must choose the mechanism of conducting them either through open auctions or using the Prozoro Market electronic catalog (if goods are being purchased) in cases where:

• For goods and services, the purchase amount must be at least 100,000 hryvnias. Current repair services should not be included in this category;
• For current repairs - at least 200,000 hryvnias;
• For works - at least 1.5 million hryvnias.

If the purchase amount is less than UAH 100,000, customers conduct public procurement using:

• Prozoro Market electronic catalog;
• Conclusion of direct contracts with the supplier of goods, or the executor of works, services, but at the same time it is necessary to report to the EHS about their signing.

Thus, the appropriate amount for procurement is established by the requirements of the law.

If you need to determine from what amount a public tender is held in 2023 or you need advice on solving other issues of conducting public procurement in Ukraine, then be sure to contact the Prykhodko and Partners law firm.

Our team not only has many years of experience in the field of public procurement, but also understands all the legal intricacies of their implementation. That's why come to us for a consultation!