The Law of Ukraine
On Government Procurement of Goods, Works and Services
Date of Entry into Force:
July 12, 2000
July 12, 2000
The present Law establishes general legal and economic rules for performing procedures for government procurement of goods, works and services.
The purpose of the present Law is to create competitive environment in this area, ensure transparency in procedures for government procurement of goods, works and services and achieve optimal and rational use thereof.
Chapter I of the Law specifies the terms used therein, scope of the law, authorities of bodies of executive power in the field of coordinating procurement of goods, works and services, the issues relating to non-discrimination of procurement participants, conditions for protection of the domestic market.
Chapter II of the Law provides for a detailed definition of the conditions for procurement:
- the form of notifications during procurement procedures;
- the language used during procurement procedures;
- the procedure for declining participation in procurement procedures;
- the procurement procedures;
- qualification requirements to participants, etc.
Chapter III of the Law stipulates the procedure for open tender and tender with limited participation. This Chapter is dedicated to:
- conditions for applying the procedures of open tender and tender with limited participation with respect to procurement of goods, works, services;
- the procedure for submission of tender documents;
- the procedure for submission of tender proposals and for securing them;
- the procedure for opening, evaluating and comparing tender proposals;
- the procedure for rejecting tender proposals;
- the procedure for canceling tender or recognizing the tender as not taking place;
- the procedure for accepting the winning tender proposal and concluding the procurement agreement, etc.
Chapter IV of the Law deals with the procedure for two-stage tender. Thus, it includes conditions for application of the procedure for two-stage tender and the procedure for inviting participants to a two-stage tender, as well as deadlines for submission of preliminary tender proposals.
Chapter V of the Law is dedicated to procedures for requesting price proposals (quotations) and procurement from one participant. The Chapter covers the issues on applying procedures for requesting price proposals (quotations) and conditions for application of the procedure for procurement from one participant.
Chapter VI of the Law covers the issues related to the procurement agreement. The Chapter includes key requirements to the procurement agreement, such as: the procurement agreement shall become valid on the date when it is signed by the customer and the participant, determined as the winner of the procurement procedures, or the procurement agreement shall be concluded only in writing and in accordance with provisions of the Civil Code of Ukraine.
Chapter VII of the Law is dedicated to issues of appeals against application of procurement procedures. This Chapter determines the right to appeal actions of the customer, the procedure for submission and consideration of claims against the customer violating the procurement procedures, responsibility for violation of the legislation on performing government procurement of goods, works and services.
Organizers, customers of tenders and their participants shall bear administrative or criminal responsibility according to the Laws of Ukraine for violation of requirements established by the present Law and other normative and legal acts developed for implementation thereof.