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Legal purchase on “Prozorro Market”

On the Prozorro Market platform, you can find many instructions on the procedure for the purchaser, but it’s worth understanding, who exactly makes the purchase: the tender committee or an authorized person. This feature explains why almost all frequently asked questions about the work of Prozorro Market are related to its regulation by law. This and other questions are further in the article.

“Prozorro Market” and the acquisition of up to 50 thousand hryvnia: who makes the purchase?

 According to the law, purchases in the amount of not more than 50 thousand hryvnias are those that take place without the use of a special electronic procurement system. Based on the law, we can confidently say that such purchases can be initiated by:

  • Authorized person;
  • Tender Committee (a body specially created to organize procurement for the needs of the enterprise).

Each institution has its own procedures and, accordingly, there is a person whose duties include organizing the procurement process.

“Prozorro Market” and the purchase of up to 50 thousand hryvnia: all about planning

All purchases that are planned to be made through the Prozorro Market platform must be included in the annual plan. In the process of entering in the field “Purchase procedure” the indication: “Report on the procurement contract” is made.  In the process of forming a plan, it is necessary to remember the classification of goods in the catalog. Goods are classified using the fourth character of the CPV code.

“Prozorro Market” and the purchase of up to 50 thousand hryvnia: reporting

Absolutely every purchase that was made through the electronic catalog must be supported by a report on the purchase contract.  According to paragraphs No. 3 and No. 10 of the Law “On Public Procurement”, purchases in the amount of up to 50 thousand hryvnias are those that take place without using a special electronic procurement system. But at the same time, they require the mandatory publication of a report on the contract, which was drawn up without using an electronic system.  In Prozorro Market, a draft report is always generated when choosing products from the electronic catalog. A draft report can be found in the order history after the completion of the checkout process. All detailed information on the contract is entered into the draft version. After that, the finished version with the imposed KEP is provided in the form of a finished report.

Legal purchase on “Prozorro Market”

“Prozorro Market” and purchase up to 50 thousand hryvnia: all about the process during the COVID-19 pandemic

In connection with the pandemic, the legislation of Ukraine adopted a decision “On amendments to certain provisions of the legislative acts of Ukraine, aimed at preventing the emergence and spread of coronavirus disease (COVID-19)”.  The changes also affected public procurement: the laws “On Public Procurement” were taken out of action.

In the resolution of the Cabinet of Ministers No. 225 of 20.03.20 nothing is directly indicated about the possibility of making a purchase through special electronic catalogs. In addition, all purchases made through the “Prozorro Market” do not have the characteristic mark “COVID-19”.

Referring to these features, we can say that during a pandemic, purchases worth more than 50,000 hryvnias (which means those that are carried out using a special electronic system) should be initiated in accordance with Decree No. 225. At the same time, purchases worth less than 50 thousand hryvnias can be made through Prozorro Market. The “COVID-19” mark is not required for this purchase.

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