Simplified procurement

Simplified procurement is one of the key tools for ensuring the efficient spending of public funds in the public sector. Its use allows customers to conclude contracts for goods, works and services, the value of which exceeds the threshold for small purchases, but does not reach the limits established for open tenders, without unnecessary procedural delays. It is a tool that provides an opportunity to promptly meet current needs, while maintaining the principles of fair competition and transparency.

Legislative framework

The simplified procedure is regulated by the Law of Ukraine “On Public Procurement” with the application of Instruction No. 25, approved by the order of the State Enterprise “Prozorro” dated October 20, 2022. Under the conditions of the legal regime of martial law, Resolution of the Cabinet of Ministers No. 1178 does not include simplified procurement as a mandatory form, however, its application is possible at the initiative of the customer within the framework of current regulations.

Features and stages of the procedure

The procedure includes the following mandatory stages:

1. Publication of the announcement.
2. Clarification of data.
3. Submission of offers.
4. Conducting the auction.
5. Consideration of offers.
6. Determination of the winner.
7. Posting the report.

At the clarification stage, participants may contact the customer for clarification. The deadline for this is at least 3 business days. The customer must provide a response within one business day, with all changes or explanations published in the Prozorro system.

The stage of submitting offers lasts at least 6 calendar days. Participants may change, withdraw or supplement their tender documentation. It is important that no changes can be made to the announcement before the end of this stage. Offers remain confidential until the start of the auction.

The auction is held electronically. The date and time are determined automatically by the system (on a business day). The link to the auction is displayed in the participant’s electronic account.

After the auction ends, the stage of determining the winner begins. The customer analyzes the offers for compliance with the conditions, determines the most economically advantageous one and makes a decision within 5 working days. If any inconsistencies are found, the offer may be rejected.

Conclusion of the contract

The winner of the auction concludes a purchase contract with the customer. This is done within 20 calendar days. The contract comes into force from the moment of signing and is subject to mandatory publication.

Grounds for refusal to participate in simplified procurement

The customer may reject a participant’s proposal if:

• it does not meet the procurement conditions;
• the documents are drawn up with violations;
• the participant refused to sign the contract in a previous tender;
• there is evidence of dishonest behavior.

Participants who have already violated the contract signing procedure within the last year are also not allowed to participate.

If the participant disagrees with the decision to reject his proposal, he has the right to file a complaint or seek legal assistance. A timely appeal can preserve his chances of participating in the procurement.

Why should you contact lawyers?

The procedure can be complicated, especially for new participants or small businesses. The solution is to engage professional legal support.

Specialized lawyers will help:

• to properly prepare documentation;
• to check compliance with requirements;
• to identify risks of disqualification;
• to accompany the signing of the contract;
• to represent interests in the event of disputes or complaints.

In addition, specialists can advise on the strategy for participating in tenders, optimizing price offers, protecting trade secrets and interacting with regulatory authorities.

Thus, simplified procurement is not just a reduction in formalities, but a convenient mechanism that allows you to save money, time and resources for both customers and suppliers. However, the effectiveness of this procedure depends on high-quality planning, compliance with legislation and proper legal support. In conditions of war and post-war reconstruction, the role of simplified procurement only increases – as a tool for flexible and fair use of public resources.