Verkhovna Rada of Ukraine adopts a Draft of the Law of Ukraine “On Amendments to Some Laws of Ukraine in public procurements sphere for updating them to international standards and taking steps for overcoming corruption” № 2087 from 16.06.2015 as a basis.
First of all this Draft proposes to simplify participation in procurements procedure by cancelling necessity for all participators to provide documents that confirm conforming to requirements of section 17 currently Law of Ukraine “On realization of public procurements”.
The participators are withheld from tacking part in procurement if, in particular, information about the legal entity is included into the Unified State Register of persons committing corruption or connected to corruption crimes or this entity does not have an Anti-corruption Program or an authorized person on Anti-corruption Program if it is necessary under the Law.
At the same time, the list of documents confirming information on conformity with requirements of article 17 of the Law the Customer determines on its own.
The Draft also proposes to raise the cost limit in case of applying the law to procurement procedures regarding goods and services from 100 000 to 200 000 UAH, regarding works – from 1000 to 12000 UAH; also it is proposed to raise the cost limit in case of applying the price offers inquiry from 300 000 to 500 000 UAH. Draft Law provides a possibility to amend the price offers enquiry.
Draft Law also foresees the reduction of functions of Ministry of economic development and trade of Ukraine in the sphere of the public procurements, particularly, exclude such functions as procurements monitoring, providing recommendation for resolving and avoiding violations, if such violations were found by the monitoring.
Draft Law also establishes prohibition for the control authorities in public procurements to interfere in this procedure.
It is also proposed to oblige The Customer of public procurements to publish not only the information about accepting competitive bidding or the price offer but also the Protocol of evaluating the offers (the price offers as well) within 3 working days from the date of making a decision about determination of the winner in procurement.
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