Legal support for public procurement in Ukraine

Public procurement, tenders, appeals, localization… We hear these and other words very often, but not everyone understands their meaning. Specialists of “PRIKHODKO & PARTNERS”.

Public procurement: features and legal framework

Public procurement is the purchase of services, works and goods, which are carried out at the expense of taxpayers. It is with the help of public procurement that authorities and their structural subdivisions ensure the full functioning of the state. That is, when state budgetary institutions order food for the military, furniture for school classrooms, etc., they make public purchases.

Almost all over the world, public procurement is associated with various corruption schemes: “favorite suppliers”, “kickbacks”, etc. And these are only some methods that allow you to “launder” budget money. Therefore, most developed countries try to organize the processes and rules of public procurement in such a way as to minimize the risks of official abuse.

Until 2016, public procurement in Ukraine was also carried out by the “traditional” method, in which almost all documents were exclusively on paper. It is because of this that in most cases “their own people” participated in the tenders. Even after the possibility of online participation in bidding appeared, there was no question of any fair competition.

On August 1, 2016, the Verkhovna Rada of Ukraine adopted the Law “On Public Procurement”. In accordance with this Law, all public customers were required to conduct public procurement and submit bids through the Prozorro system – the public procurement portal.

Features of purchases through Prozorro

You can order something through Prozorro in different ways. The most optimal option is an honest auction. An unlimited number of participants can participate in it. Participants compete with each other, offering the best product at the best prices. However, this option is not always suitable. The auction for some purchases is too long or irrationally expensive. For such cases, other interaction options can be chosen.

Open bidding is a procedure that involves the use of a built-in electronic auction to lower the price. During open auctions, you can significantly save budget funds.

Types of public procurement

Public procurement consists of various procedures. If the size of the budget is taken as a basis, all government purchases can be divided into 2 large groups:

• Threshold
• Suprathreshold

Subthreshold public procurement consists of all procurements whose total value does not meet the ProZorro thresholds.

Above-threshold purchases exceed the budget. Such purchases take place exclusively in the form of an open electronic tender.

According to the type of procedure, public procurement is divided into the following groups:

• Negotiation procedure.
• Competitive dialogue.
• Open electronic auctions.

Framework agreements can also be concluded for conducting trades. They allow you to identify reliable suppliers for the possibility of further participation in regular tenders.

Why exactly «PRIKHODKO & PARTNERS»?

Our company “PRIKHODKO & PARTNERS” provides a full range of services in the field of legal support for public procurement in accordance with the Law of Ukraine “On Public Procurement».

We will help in solving the following questions:

• Analysis of tender offers.
• Preparation of documentation necessary for participation in the tender.
• Analysis of tender documents.
• Preparation for the tender.
• Participation in the tender.
• Public procurement support.
• Tender consulting.
• Trading.

Many years of experience in the field of commercial and public procurement helps our specialists to quickly find a way out of even the most difficult situations in the field of procurement. We are aware of the latest changes in the current Ukrainian legislation and have extensive practical experience in legal support of public procurement.

Do you still have questions regarding legal support for public procurement? We are always ready to help you. The cost of services is calculated individually for each specific case.

Sign up for a consultation with the professional lawyers of “PRIKHODKO & PARTNERS”. Calculate the price of legal tender support – fill out the form below.