Recently, the law "On Amendments to the Law of Ukraine "On Public Procurement" and Some Other Legislative Acts of Ukraine on Public Procurement Improvement" has been adopted. According to this act, the procedure for conducting simplified procurements is changed.
According to this law part 3 of article 3, if a procurement is made in the amount of less than UAH 50 000, the customer undertakes to adhere to the basic principles of goods and services public procurement. Additionally, customers can use the Prozorro system to transparently track the procurement process.
Exactly the procurements, the amount of which does not exceed UAH 50 000, are discussed below
In order to use this system when making purchases with the amount of less than UAH 50 000, the customer must read the relevant instructions (approved by the state enterprise order Prozorro dated March 19th, 2019 No. 10 (as amended on April 17th, 2020 No. 18) and must rely on these instructions when doing business.
This instruction provides for the use of the ProZorro system in order to select a supplier of goods and services and conclude an agreement with entrepreneurs who are not the customers.
Up to the procurement amount of UAH 50 000, the use of the ProZorro service is voluntary. If the customer refuses to use the system in some cases, he must provide an appropriate report on the procurement contract, which was concluded outside the framework of the Prozorro system. Such cases are described in this text below.
When the customer needs to provide a report in the following cases:
It should be noted that the legislative act does not contain the information on the minimum purchase amount for mandatory reporting. According to the Ministry of Economy statements, it is recommended to report on procurements from UAH 10 to 50 000. The report must be submitted within 3 years from the date of the procurement contract conclusion.
According to this Law part 3 of article 3, the customer has the right to conclude both one and several procurement contracts, the cost of the procurement items in each of which is less than UAH 50 000.
In this case, several different reports can be published in the Prozorro system, and the details in them will match.
Moreover, it is possible to indicate not only the total price of the contract, but the cost of a separate procurement object in each of the contracts.
Procurement planning is regulated by this legislative act article 4. Due to the fact that the preparation of an annual plan can be regarded as a prerequisite for making procurements, the customer can now adjust the annual plan according to the changes in the law, and therefore changes can be made gradually.
However, the legislation prohibits the procurements separation under different contracts in order to avoid open tenders.
A procurement contract is a business contract that is concluded between the customer and the supplier based on the procurement procedure results and provides for payment for services, goods or works (see the Law paragraph 6 part 1 article 1).
From the definition of a public contract follows the fact that a contract that involves the report publication on a public contract, which is concluded without using the electronic procurement system, is not a public contract in the legislative sense. Therefore, the application of the Law article 41 terms to it is considered unacceptable.