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Open Contracting

Protecting against and exposing misuse of public funds by continuing to make public procurement via e-platforms open by default to all, and sharing experiences by participating with Mexico and others in an international ‘Contracting Group’.

Country: Ukraine

Status: ongoing

Themes: Public procurement

Last updated: December 2020

Classification:

Concrete: Concrete | New: Not New | Ambitious: Ambitious

  • 6 Evidence:

    Second Procurement Revolution Starts now!

    AMCU, AMERICAN CHAMBER OF COMMERCE, KSE: WHO CRITICIZES LOCALIZATION AND WHY

    Open Contracting Partnership - Ukraine Profile - e-procurement portals

    Contracting 5

    Amendments to public procurement Law

    The Verkhovna Rada has improved Prozorro, Government announcement.

  • 5 Notes:

    On April 19, 2020, the new version of the Law “On Public Procurement” came into force. This version eliminates numerous gaps and opens up new opportunities for the business.

    Also, on September 11, SoE Prozorro successfully completed integration of the Prozorro electronic procurement system with the information resources of the Treasury Service. This integration will allow citizens to check the payments in procurement procedures directly on the Prozorro portal and enable more effective and trustful cooperation between actors in public procurement sphere. We maintain our cooperation with Open Contracting Partnership, share our successful practices and monitor developments in public procurement abroad.

    This year, Ukraine has scored 97.05 points out of 100, thus winning Transparent Public Procurement Rating. But there are some serious threats to the fair competitive procurement, such as non-price “localization” criterion in machine-building purchases that is proposed in Draft Law #3734 and supported by Parliament in the first reading. TI Ukraine is actively advocating against such initiatives that were assessed by expert community and international partners as harmful for Ukrainian economy and our international agreements.

    Updated: October 31, 2020

    A new improved public procurement legislation came into force on April 19, it harmonizes Ukrainian legislation with EU requirements. Ukraine shares its best practices with other countries through Open Contracting Partnership.

    Peer reviewer: 1

    Updated: April 30, 2020

    "According to the Law on Public Purchasing of Ukraine, web portal Prozorro is the official open data resource that offers free access to all public purchasing data on all tenders announced from July, 31 2016.State enterprise representatives publish tender announcements (and businesses compete in the auction process) with the help of the electronic auctions module. However, a number of practical problems emerged in the course of implementation of this law by parties of the public procurement sector. On September 19, 2019, the parliament voted to amend the law, which will improve the work of the Prozorro system we expect new changes in public procurement: 1) Mandatory use of Prozorro for purchases from 50 thousand UAH (a new simplified procedure) - this removes more than 250 thousand purchases from the shadows; 2)The introduction of personal liability of officials (in particular, heads of bodies) for violation of the law in the field of public procurement: a fine of 2 to 10,000 tax-free minimums (34-170 thousand UAH) 3) The ability to correct errors in tender bids within 24 hours; 4) The opportunity to consult with business for customers at the stage of preparation for the tender; 5)the possibility of introducing a differentiated fee for appealing a tender to the Antimonopoly Committee of Ukraine by a Government resolution (calculated in% of the cost of the subject of procurement) inability to withdraw a complaint; 6)Prozorro Market - an online store for budgetary institutions: the introduction of electronic catalogs of common goods, administer by centralized purchasing organizations and simplify the procurement process for a budgetary institution in a few clicks 7)A new tool to combat dumping will appear - the system is highlighted at an abnormally low price. 8) Medical products will continue to be procured through international organizations."

    Updated: October 30, 2019

    Reform of public procurement is ongoing and with no end date. As to the cooperation with Mexico there were slow changes after the declarations within The Contracting Five (http://www.contracting5.org/)

    Updated: October 30, 2018

Ukraine's Commitments
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