Government expands conditions for public procurement to enable swift restoration of critical infrastructure

The Cabinet of Ministers of Ukraine has approved amendments to point 13 of the “Specifics of Conducting Public Procurement of Goods, Works and Services for Customers Envisaged by the Law of Ukraine ‘On Public Procurement’, for the Period of Martial Law in Ukraine and for 90 Days from the Day of Its Termination or Cancellation”.

Under the Government’s decision, until 1 March 2026, procurements for the construction, repair or other engineering and technical measures to protect critical infrastructure facilities may be carried out by concluding a contract directly, without conducting open tenders or using an electronic catalogue. The decision covers the procurement of goods and services (excluding routine repairs) from UAH 100,000, routine repair services from UAH 200,000, and works from UAH 1.5 million.

In the previous version of the Specifics, such a procedure applied only to facilities in the fuel and energy sector. It has now been extended to facilities in life support systems (water, heat, electricity supply), transport and postal services.

“The aggressor country is deliberately destroying our energy and transport infrastructure. Every delay in restoration means longer power outages and difficulties with transportation. These temporary changes to the procedure will allow customers to conclude contracts more quickly and initiate repair or protective works where needed, immediately. This will help protect people and maintain the resilience of the economy,” noted Deputy Minister of Economy, Environment and Agriculture Andrii Teliupa.

Background

The “Specifics of Conducting Public Procurement of Goods, Works and Services for Customers Envisaged by the Law of Ukraine ‘On Public Procurement’, for the Period of Martial Law in Ukraine and for 90 Days from the Day of Its Termination or Cancellation* were approved by Cabinet of Ministers of Ukraine Resolution No. 1178 of 12 October 2022.

The document sets out the procedure and conditions for conducting procurements during martial law, establishes a ban on procurements from citizens and companies of aggressor states, and stipulates that procurements must be carried out in compliance with the principles of transparency, fair competition and efficient use of funds as defined by the Law of Ukraine “On Public Procurement”.