One of the main functions of the State is the procurement of goods, works and services to meet the basic social needs. The rationality and efficiency of using public funds and the development of a competitive economy depends on the efficiency, comprehensiveness, accessibility, stability, and transparency of public procurement procedures.
Transparent and effective procurement procedures, professional customers, and fight against corruption in this area contribute to business confidence in the State.
In Ukraine, the issue of public procurement has long been in the shadow of corruption scandals, while bidders’ participation was reduced to decision-making in private offices.
However, on 1 April 2016 the public procurement reform was officially launched. Since then, central authorities, large state enterprises and natural monopolies are obliged to use the electronic procurement system ProZorro. Also, starting from 1 August 2016, the respective obligation has been placed on local authorities, utility companies and other organizations that use taxpayers’ funds.
ProZorro is an open resource that offers access to all information from the central electronic bidding database. The use of the system is mandatory for the so-called over-threshold trading (in general, over UAH 200,000 for goods and services, and UAH 1,500,000 million for work) and is voluntary for others.
Arzinger has been providing legal support to its Clients in public procurement procedures (tenders) for several years already. Over this period, dozens of contracts have been concluded with the support of Arzinger’s professionals, who have also protected the interests of Clients (both residents and non-residents) in appeals against unlawful tender documentation requirements or actions and omissions of customers to the Antimonopoly Committee of Ukraine and other competent authorities.
Apart from that, government agencies and enterprises have repeatedly asked Arzinger to support them in organizing and conducting public procurements.
Arzinger is pleased to offer the following legal services in the framework of public procurement:
Services that may be provided to Bidders:
- Oral and written consultations and trainings on participation in public procurement;
- Full support for participating in electronic ProZorro trading;
- Information on announced public procurements falling within the scope of Clients’ interests;
- Preparation and analysis, including in terms of antitrust risks, of documents for Clients’ participation in public procurement, including assistance in obtaining the documents necessary for the preparation and submission of a tender bid;
- Communication with organizers of tenders within the limits stipulated by the current legislation;
- Analysis of bidding documentation. Appeals against unlawful requirements of bidding documents or customers’ actions and omissions to the Antimonopoly Committee of Ukraine and other competent authorities;
- Representation of bidders prior to, in the course of and after tenders;
- Legal support in appealing decisions of the Antimonopoly Committee of Ukraine on appeals against awarded contracts;
- Legal support in concluding procurement contracts and making amendments to them;
- Legal support in appeals of contracts concluded as a result of tenders.
- Advising the Client on the need and procedure for obtaining licenses/permits for participation in certain categories of public procurements.
- Legal support of a non-resident Client for participation in public procurements.
- Advising on payment procedures and taxation of non-resident Clients who are awarded contracts.
- Legal support in tenders regarding the right to lease/purchase public real estate.
Services that may be provided to Customers:
- Trainings for authorized persons of Customers on tender legislation and practices of the competent authorities;
- Advice on tender legislation and practices of the competent authorities;
- Legal support in the development of procurement information, including advice on avoiding potentially discriminatory provisions;
- Protection of interests in case of inspections conducted by supervisory and law enforcement authorities as well as representation in appeals procedures in the Antimonopoly Committee of Ukraine.
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