C A C U A TO R S
On Amendments to the Law of Ukraine
" On the purchase of goods, works and services
for public funds "
(Information of the Verkhovna Rada of Ukraine (VR), 2003, N 14, pp. 98)

Verkhovna Rada of Ukraine Oh, I am. :
I. Bring to the Law of Ukraine " On procurement of goods, works and
services for public funds " ( 1490-14 ) (Information from the Verkhovna Rada)
Ukraine, 2000, N 20, pp. 148. Such changes:
1. In Article 1:
(1) Paragraph second, the third set in this edition:
" The customer is the order of government funds that exercise
Procurement in the order defined by this Act;
Government funds are organs of state power,
authorities of the Autonomous Republic of Crimea, the local authorities
self-government, other bodies, agencies, organizations identified
Constitution of Ukraine 254k/96-PL ) and the legislation of Ukraine, and
also institutions or organizations created in the prescribed order
bodies of government, the authorities of the Autonomous Republic
Local government and the authorities
receiving government funds, taking responsibility for them and
Payment of payments ";
(2) Paragraph for the fifth, sixth post in this edition:
" state funds-funds of the State Budget of Ukraine, budget
Autonomous Republic of Crimea and local budgets, government loans
resources, as well as funds of the National Bank of Ukraine,
Trust Fund, Pension Fund of Ukraine, Social
insurance that is directed to the purchase of goods, works and
Services provided by these bodies;
participant in procurement procedure (next-participant)-subject
The host is a physical person living in the territory of Ukraine,
whether a legal entity (resident or non-resident) confirmed the intent
Take part in the procurement procedure and submitted a tender offer ";
3) in the paragraph of the thirteenth word "procurement procedure"
Replace the words "tender documentation";
(4) Paragraph fifteen is set out in this edition:
" Trading (tender)-competitive selection of participants
to determine the winner of the bidding (tender) according to the procedures
(except for procurement procedures in one supplier) installed in
The Law ";
(5) The seventeenth paragraph of the seventeenth session shall be as follows:
" The procurement contract is a written agreement between the customer and the
The winner of the procurement procedure, which involves the provision of
services, performing work or acquire ownership of the goods for
Payment ";
6) in the paragraphs of the eighteenth and nineteenth words " in
Cash codec " to exclude;
(7) To complement the paragraph of this content:
" The winner of the procurement procedure is a participant, tender
the result of the assessment is recognized as the best and
"".
2. In Article 2:
(1) Part of the first teaching in such an editorial:
" 1. This Act applies to all goods purchases,
work and services that are completely or partly carried out by
public funds, provided that the cost of buying a commodity
(goods), services (services) equals or exceeds the amount of
equivalent to 2,000 euros and works 100 thousand euros ";
2) complement the part of the third such content:
" 3. This Act does not apply to cases if
The subject of the procurement is:
Water and power supply;
Water supply and maintenance of sewage systems;
Mail services;
(except for mobile);
Telecommunications services to broadcast radio and
Television signals;
"Transport Services".
3. In Article 3:
(1) Paragraphs sixth, seventh part of the second teaching in the
& Revision:
Preparation and presentation of the Cabinet of Ministers of Ukraine,
Quarterly report of quarterly reports on the implementation by customers
Shopping;
Complaints filed by participants prior to the conclusion of the
the procurement contract, and the adoption of relevant decisions on them ";
(2) Part three:
after the paragraph of the sixth complement the new paragraph of this content:
" enforce the organization of control for the interrogation
"Legislation on procurement".
In this regard, the seventh-tenth of this paragraph would be considered to be the same.
Paragraph 8-eleventh
Complement the paragraph with this content:
"The form of protocol for disclosure of tenders".
4. In Article 6:
1) the paragraph of the first part of the first set in this edition:
" 1. The customer prefers a tender proposal submitted to
The domestic manufacturer, by applying preferential
Amendments to its price ";
(2) The paragraph of the first part of the second set in this edition:
" 2. The customer applies the preferential correction to the price
The tender offer, held by businesses of public
organizations with disabilities and the penitentiary system, regardless of
the amount of the expected value of the purchase, if the specified enterprise is
producers of goods, works and services;
3) to be excluded.
5. In part one article 7 words " In pursuit of
The authorized body " to exclude.
6. The first and second Article 8 of the article is as follows:
" 1. Announcement of a planned purchase or conduct
The previous qualification of the participants is published in the Visc
public procurement ", which is issued by the authorized body, in others
the media printed by the customer at the
relevant international publications according to part of the third of this
Articles.
2. The procurement procedure cannot be carried out prior to publication
The announcement of it in the "Public Procurement Vision", other than cases
application by the customer in the order established by this Act,
(Tender) procedures with limited participation, price requests
Offers (contiation) and procurement of one vendor. "
7. Part of the third article 8 and part 1 of the first article 10
the words "pre-qualifying procedures" to be replaced by the words
"pre-qualification of participants".
Article 14 was set out in this edition:
" Article 14. Use of some procedures
Procurement
1. The main procedure for procurement is open
Come on.
2. Applying the bidding procedures with limited participation
the procurement of goods, works and services expected by the cost of which
equal to or exceeds the amount equivalent to 100 thousand euros,
needs to agree with the authorized body in the established
order, except when the bidding procedure with limited participation
applied after pre-qualifying
Participants.
Applying the procurement procedure to a single vendor
needs to agree with the authorized body in the established
order if the expected purchase cost is equal or greater than
the amount equivalent to 5,000 euros for goods and services and 100
Thousands of euros for work.
The euro exchange rate is fixed on the day of departure for publication
the announcement of the bidding or the day of departure
Invitation to participate (invitation-in case of application)
procedures for procurement in a single supplier).
3. The speaker has no right to share a purchase of goods, works,
services on a part of the purpose of avoiding trading (tender). "
9. In part of the second article 15 words "prior"
"replace" with the words "prior qualification"
participants. "
10. Article 16 was set out in this edition:
" Article 16. Previous qualification of participants
1. The speaker shall have the right to implement the prior qualification
Participants.
2. Information on pre-qualification
participants are published by customers according to the halves of the parts
First and third Article 8 of this Act is not later than 30
calendar days prior to providing invitations to the procedure
Trading. In separate cases, this string can be reduced to 15
calendar days, indicating the reasons for the reduction in the report
The results of the procurement procedure.
3. Information on implementation of prior qualification
participants are necessarily noted:
The naming and address of the customer;
type, number and place of goods supply, view and location
Performance or service of services;
Lines of delivery of goods, execution of work, provision of services;
Identification of the requirements of the participant;
the location and final lines of the submission
Previous qualifications of participants
the other necessary information that is overloaded is required
The customer.
4. The speaker for three working days from the day of receipt
an appropriate request gives all participants who have found a desire to take
Participation in previous qualification of participants:
Instructions on preparation and submission of participation
Previous qualifications of participants
compressed statement of criteria and conformity assessment procedures
Qualification requirements;
information about documents required to attendee
Confirm compliance with requirements;
information about the names, positions and ways of communication with
by the customer who are responsible for the exercise of
Prior qualification of the participants.
5. The speaker takes the selection of participants to further participate in the
the procurement procedure is solely based on their compliance with the conditions,
listed in parts of the third and fourth of this article.
6. The speaker for five calendar days after completion
the previous qualification of the participants tells each participant that
took part in it, about the results of it being done.
7. Before further participation, the procurement procedure is invited
only those participants who have been selected for the results of the exercise
the prior qualification of the participants. "
11. In Article 17:
1) in part one:
(a) in the paragraphs of the third and ninth words " in the procedure of
Previous qualification "and" pre-qualification procedures "
replace in accordance with the words "in previous qualifying participants"
and "prior qualification of participants";
(b) The seventh indent of the paragraph:
" the date of publication of the announcement of the planned procurement and
declaring the result of a carried-out purchase in the Vision of the State
purchasing " or the date of departure before participation in the procedures
trading with limited participation, the request of price proposals (contisions),
the procurement of one vendor and the date of the message to the participants
about the outcome of the procedure ";
(b) In paragraph thirteen of the words "
replace the words "qualifications of participants" and the words "in procedure"
Previous qualification "," pre-qualification procedures
"Replace" with "in previous qualification"
"," prior qualification of participants ";
(g) To complement the paragraph of such content:
"the date of the concatenation of the tender proposal";
(2) The paragraph of the first part of the second set in this edition:
" 2. Except when it requires a solution
an authorized body or court, the tender committee shall not
to reveal ".
12. Parts first and fourth article 18 of the teaching in such a
& Revision:
" 1. During the open bidding of tenders
have the right to provide all the interests to the participants invited by
by the customer by publishing the ad according to the provisions of
articles 8 and 16 of this Act, if the previous
Qualification of participants ";
" 4. During the bidding process with limited customer participation
invite to participate in the procurement procedure of participants, the number of which
could provide the choice of the most profitable proposal and
competition, but not less than two. "
13. Article 19:
1) in part one:
the paragraph of the first one after the words "open trading" complemented with the words
"and inviting to participate in the trading procedure with limited participation";
Complement the paragraph with this content:
" conditions of providing tender provision (if applicable)
The customer) and the means of communication to obtain additional information ";
(2) to exclude part of the second;
3) in part three words and numbers "up to 15 calendar days"
replace with words and numbers " up to 21 calendar days (up to 15)
Calendar days-if the bidding process is limited
) ".
14. Article 20:
1) Part of the first and second of the teaching in such an editorial:
" 1. The customer sends or provides the attendee to the tender
the documentation for three working days from the day of receipt
querying the necessary documents in case of open and
Two-stage trade and consent to attend the event
-A limited participation. If a customer is required to pay for
providing tender documentation, tender documentation is provided
after making such a pay.
2. In case of a trading session with limited participation
goods and services by the customer can send tender documentation
In the same time as the invitation to participate ";
2) to be expelled.
15. Part of the fourth article 22 words "not larger" replace
The words "not smaller".
16. Article 23 after part of the second supplement
such content:
" 3. In case of deposit of tenders in the form of a deposit
The customer returns the entire deposit amount to the attendee, together with the
the percentage of the bank in which the deposit was posted. "
In this regard, the third is considered to be the same.
The fourth is sixth.
17. Part of the first article 25 supplements with the words " according to
conditions specified in the tender documentation. Customer returns
Enforcement of a procurement contract, respectively
to the conditions specified in this agreement. "
18. Article 26:
(1) Part of the first teaching in such an editorial:
" 1. The tender offer takes place on the day
the end of their submission in time and in the place specified in
Documentation ";
(2) A part of the second complement of the sentence of such content:
" The absence of a participant or his authorized representative to
The procedure for disclosure of tenders is not a basis for
Uncovering, unconsideration or rejection of its tender offer ";
3) the second sentence of the part of the third set in this edition:
" During the disclosure of tenders
according to the established authority of the form, the copy of which
(a) The following:
(4) Parts of the Fifth-This is taught in such an editorial:
" 5. Customer and participants should not initiate any
Negotiations on changes to the contents of the tender
proposals, including changing its price and adjustment, with regard to
part of the sixth of this article.
6. The speaker has the right to correct arithmetic errors,
discovered in the submitted tender offer, during the evaluation procedure
on the terms of receipt of the written consent of the participant who submitted this
The tender offer, for this correction.
7. The speaker shall determine the winner of the bidding at the number of participants,
The tender proposals were not rejected, based on criteria and
methods for assessing the tender proposals specified in the tender
Documentation.
Such assessment criteria may be:
lowest price;
Delivery lines (execution);
Quality and functional characteristics, ecological purity;
Post-sale;
Calculation conditions
Operating expenses;
transfer of technology and preparation of managerial, scientific and
production frames, including the use of local resources, in
including the means of production, labor and materials for
fabrication of goods, performing works, services offered
an artist.
Total lines of evaluation, comparison and definition
the trophy winner should not exceed 30 working days after the day
Disclosure of tenders ";
(5) Part of the eighth complement the sentence of this content:
The weight of the price criterion cannot be lower than 70 percent ";
(6) Part of the eleventh supplement by the words "or the court".
19. Article 28:
(1) The paragraph of the first part of the second set in this edition:
" 2. Trading can be recognized by the customer such that not
In the case of ";
2) part of the third set in this edition:
" 3. Deciding whether to accept or recognize them
such that did not take place, the customer reports by publishing
The announcement of "Public Procurement Vision" for the reasons
during the seven calendar days after taking such a decision. "
20. Parts first-third article 29 teaches in such a
& Revision:
" 1. Customer Accepts the tender offer to be recognized
best of the evaluation results.
2. For five calendar days from the day the acceptor of the customer
sends the winner of the bidding message to the tender
suggestions, the actions of which are not finished and also sends all
Participants in the procedures of open torches, two-stage torches and torches
with the limited written notice of the results of the torg from
the name and location of the winner, tender
The offer is considered best in scoring results.
With the participant, the tender offer of which was drawn,
The customer will conclude the procurement contract according to the requirements of
The tender documentation is not before five workers
days from sending a written message to all participants
procedures for open torgs, two-stage trade and trade with
limited participation about their results, but not later than 21
a working day from the day of the report.
3. During the seven calendar days after the contract
The customer is sent for publication in The Vision of Public Shopping.
announcing the results of open trading, two-stage trade and
trading with limited participation according to the form set
an empowered organ ".
21. In Article 32:
(1) Part of the first teaching in such an editorial:
" 1. The customer can purchase the purchase by applying
procedures for the request of price proposals (cotioning) for goods and
services for which there is a constantly operating market, and provided that
the cost of their purchase does not exceed the amount equivalent to 20,000.
euro ";
2) Part of the sixth is taught in such an editorial:
" 6. The customer will conclude the procurement contract with the
The winner who submitted the proposal meets the requirements
The customer and has the lowest price. "
22. Part of the second article 33:
1) in the paragraph of the third word "(for technical reasons)" to replace
"(including technical reasons)";
2) in the paragraph of the fourth word "equipment", "available"
Equipment "replace" with "goods", "available goods";
(3) Paragraph of the eighth and ninth exceptions;
(4) Paragraph 10 will complement the words " including the procurement,
"The response to the eradication of emergencies".
23. The text of Article 34 is set out in this wording:
" 1. The procurement contract will take effect from the day it is.
signing the customer and the participant defined by the winner
Procurement procedures.
2. A treaty of procurement is concluded only in writing
and according to the provisions of the Civil Code of Ukraine ( 1540-06 ).
3. The agreed treaty is considered invalid if:
The customer did not meet the requirements of parts of the second and third article
29 of this Act;
the treaty was concluded during the period of stopping the procurement procedure
in the case of filing a complaint by the customer or the authorized body.
This part does not apply to procedures
the request of price proposals (cotioning) and procurement in one
The supplier.
4. Copy of the procurement contract is filed
the empowered authority on his demand. "
24. Articles 35 to be excluded.
25. Article 37:
1) Part of the second complement paragraph by another such content:
" The day of foundation for the submission of complaints is considered a day
Impairment of the purchase of a procurement procedure ";
2) in parts of the third-fifth word "calendar days"
Replace the words "working days";
3) in the paragraph to the second part of the seventh, in parts nine and
the tenth word "or arbitration court", "or arbitration court"
exclude.
26. In the text of the Law of the Word "performer", "performers" in all
The differences are replaced by the words "participant", "participants" in the respective
Great.
II. Final Position
1. This Act takes effect two months from the day it
publish.
2. Regulatory and legal acts taken into force in force
The law, in part, does not contradict this Act.
3. Cabinet of Ministers of Ukraine per month
The Act:
bring their legal and legal acts into compliance with this
By law;
Provide guidance to ministries, other central
the executive branch of their legal and legal acts in the
A compliance with this Act.

President of Ukraine
Um ... Kiev, 16 January 2003
N 434-IV