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Government reduces scope of grounds for procurement without Prozorro

Ministry of Economy of Ukraine, posted 24 February 2023 12:35

The Cabinet of Ministers of Ukraine has amended Resolution No. 1178 of October 12, 2022 to create appropriate conditions for the effective implementation of public procurement. The relevant decision, which was developed by the Ministry of Economy of Ukraine, was adopted at a Government meeting on February 17, 2023.

“The Ministry of Economy constantly monitors the public procurement system to ensure an effective response to the changes in its dynamics. We are gradually returning to the mandatory use of Prozorro in procurement. Thus, by this decision, we have significantly reduced the list of exceptions that allow direct contracts to be concluded without a tender, and required more information on direct procurement to be made public. We also urge all procuring entities to take the tender process as responsibly as possible and make every effort to ensure competition in the bidding process,” said Yuliia Svyrydenko, First Deputy Prime Minister and Minister of Economy of Ukraine.

The amendments to the resolution include harmonization of its provisions with other legislative acts. Besides, the following key changes were introduced:

  • clause 4 was rewritten to provide for the conditions for procuring entities to publish a report on execution of a procurement contract in the electronic procurement system;
  • the number of grounds for procurement without using Prozorro was reduced;
  • we clarified what information could be withheld by procuring entities from annual procurement plans and bidding announcements, in case such information poses a security threat;
  • we imposed an obligation to publish the texts of contracts and all annexes thereto in case of procurement without using Prozorro, but preserved the possibility to withhold sensitive information about the supplier, delivery address, in case such information poses a security threat;
  • we clarified the grounds and cases for rejecting bids from suppliers of goods of russian and belarusian origin, as well as from companies owned by citizens of these countries.
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