On Amending The Law Of Ukraine "on Public Procurements" On Implementation Procedures Of The Electronic Reverse Auction

Original Language Title: Про внесення змін до Закону України "Про здійснення державних закупівель" щодо впровадження процедури електронного реверсивного аукціону

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/4917-17

                                                          
With a k o n u r as th n and {Act repealed by law N 1197-VII (1197-18) from 10.04.2014, VVR, 2014, N 24, item 883} on amendments to the law of Ukraine "on public procurements" on implementation procedures of the electronic reverse auction (Supreme Council (BD), 2013, N 18, 168), the Verkhovna Rada of Ukraine n o s t a n o in l I is : I. In the law of Ukraine "on public procurements" (2289) (Supreme Council of Ukraine, 2010 N 33, 471 with following changes) are as follows: 1. in article 1:1) first part of supplement paragraphs 1-1, 6-1, 6-2, 6-3, 6-4, 8-1, 9, 19-1, 24-1, 26-2, 26-3, 31-1 the following contents: 1-1) the Subscriber-any natural or legal person registered on the site, or the Web-portal of the authorized body;
"6-1) of the electronic reverse auction-electronic documents that have the required props-electronic signature and define customer requirements to the subject of the contract, procedures and procurement. Requirements for the composition and the content of the documentation of the electronic reverse auction are established by this law;
6-2) the electronic application (hereinafter application)-electronic document confirming the bidder's consent to conclude a contract on the purchase of the specified customer conditions and contains documents and information proving the fulfillment of customer requirements during the procurement procedure for the electronic reverse auction;
6-3) e a competitive application (hereinafter-the competitive bid) is an electronic document that contains information about the participant's offer of the price agreement for the purchase of (a lot), which is served to the operator of an electronic site directly during the trading session, the electronic reverse auction;
6-4) electronic playground site in a network the Internet, together with a set of technical equipment, software and organizational measures that are used by the operator of an electronic platform for conducting the public procurement procedure for the electronic reverse auction ";
"8-1) ensuring application-provided on request by the participant purchases by the procedure of the electronic reverse auction as a guarantee for the performance of obligations concerning the conclusion of the contract according to the results of the procedure;
9) purchase in electronic form-State procurement, during which used EDI in accordance with the law on electronic documents and electronic documents circulation "(851-15);
"19-1), the operator of an electronic platform – legal entity as a State, and other forms of ownership, the State registration of which is carried out on the territory of Ukraine in the order established by the legislation, which has an electronic platform, necessary for its functioning software and hardware, experience and qualification of personnel which enable you to ensure the conduct of electronic reverse auctions under this Act and which is included in the register of operators of electronic platforms;
"24-1) contender-subscriber who signed up on the site for participation in a procurement procedure for the electronic reverse auction, conducted on this electronic site";
"26-2) regulations on the electronic platform of the rules that govern the interaction between the operator of an electronic platform and its subscribers during the public procurement procedure for the electronic reverse auction and relationships (including rights, duties and responsibilities), composed between them in the implementation of actions on the site;
26-3) registry operators of electronic playgrounds-list that contains a set of information about the entities that have the right to carry out activities in organizing and conducting the public procurement procedure for the electronic reverse auction ";
"31-1) trading session-part time work the electronic platform, during which participants in the electronic reverse auction are competitive bids;
paragraphs 20, 22 and 24 lay in the following wording: "20) winner purchase procedures-the participant bidding proposal or quote which is recognized as the most economical and akceptovano in the case of bidding (competitive bidding), or party, a proposal which was accepted by the results of the application of the procedure of purchase of one Member, or a member of the procedure of the electronic reverse auction, which during the trading session, the electronic reverse auction offered the lowest price of the contract (a lot) and the application of which is recognized by the that meets the requirements of the documentation of the electronic reverse auction ";
"22) related person-a person who meets any of the following signs: a legal entity that carries out the control over the Member purchase procedures, operator of an electronic pad or controlled by such member of the purchase procedures, operator of an electronic site, or is under common control with such party purchase procedures, operator of an electronic platform;
an individual or members of her family, exercising control over the

Member of the purchase procedures, operator of an electronic platform;
business (official) individual Member purchase procedures, operator of an electronic site on behalf of the authorized participant purchase procedures, operator of an electronic site legal action aimed at establishing, changing or stopping civil-legal relations, and family members of such non-public (official);
family members of an official (non-public) faces the customer, carrying out control over the participants of the procurement procedure or on behalf of the authorized participant purchase procedures legal actions to establish, modify or stop the civil legal relations.
Under the implementation of the monitoring is to be understood of possession either directly or through a greater number of associated physical or legal persons, the greatest share (share, stake) authorized capital of Member purchase procedures, operator of e-pad or control the largest number of votes in the governing bodies of such participant's purchase procedures, operator of an electronic site, or owning a share (shares, shares), which is no less than 25 percent of the share capital of participant purchase procedures , operator of the electronic platform.
For physical persons the total ownership of the share the share capital participant purchase procedures, operator of an electronic site (votes in the body) is defined as the total volume of corporate rights owned by such individual, the members of her family and legal entities that are controlled by the individual or members of her family.
For the purposes of this law, members of the family are considered to be spouses, children, parents, native brothers and sisters, grandfather, grandmother, grandchild, usinovlûvačì, for adoption, as well as other persons subject to their permanent residence along with the related person and doing her share of the economy ";
"24) the subject of the procurement of goods, works or services that are purchased by the customer within a single purchase procedures, participation in which participants submitted proposals bidders (qualifying, quotes) or proposals in the negotiations (in case of purchase procedures in one participant) or applications (in case application procedures of the electronic reverse auction). Subject of purchase is determined by the customer in the manner established by the competent authority. For carrying out purchase procedures should be not less than two proposals/bids, except in cases of application the customer purchase procedures in one participant ";
paragraph 29, after the words "public procurement" add the words "and/or about the violations of the law by the operator of an electronic platform";
items 33 and 35 to lay out in the following wording: "33) Member purchase procedures (hereinafter referred to as the participant)-any natural or legal person who confirmed the intention to participate in the procurement procedure by submitting proposals to tender or request to participate in electronic reversivnomu auction, or a quote, or suggestions on the negotiations in the case of the application of purchase procedures in one participant";
"35) part of the subject of purchase (lot)-determined by the customer part of the goods, works or services which within a single purchase procedures participants are allowed to submit proposals of the bidders or bids or quotes or proposals in the negotiations in the case of the application of the procedure of purchase of one participant. For carrying out purchase procedures on each separate part of the of the subject of purchase (a lot) should be at least two proposals or applications (competitive applications), except the application of customer purchase procedures in one participant ";
2) include the part of the second of the following contents: "2. The terms" EDI "," electronic document "," electronic signature "used in the values defined in the laws of Ukraine" on electronic digital signature (852-15), "on electronic documents and electronic document circulation in Ukraine" (851-15).
2. the first Paragraph of article 2 is put in the following wording: "1. This Act applies to all customers and purchases of goods, works and services, which are fully or partially carried out by public funds, provided that the value of the subject of purchase of goods (goods) and services (services) equals or exceeds 100 thousand (in construction-300 thousand), and the works-1 million, except for purchases by the procedure of the electronic reverse auction conditions apply which are set in section VIII-1 of this law. "
3. the second paragraph of part four article 7 Add the words "or posted on the Web portal of the authorized body and on the website of the operator of an electronic site (in the case of the application of the procedures of the electronic reverse auction)."
4. in article 8:1) in part 1: in paragraph 19: fifth paragraph add the words "order of inclusion (exceptions) subjects to/from the registry operators of electronic platforms and order its conduct, the rules of electronic platform";
ninth paragraph add the words "an announcement about the procedure of the electronic reverse auction";
fourteenth paragraph add the words "decision of the customer about the conclusion of the contract of purchase or rejection of the contract of purchase";

sixteenth paragraph add the words "notice of contrary to the procedures of the electronic reverse auction";
Add to paragraph 27 of the following contents: "27) carries out State supervision (control) over the activities of the operators of electronic platforms in the Organization and conduct of electronic reverse auctions;
2) of the second supplement item 6 the following contents: "6) to conduct scheduled and unscheduled checks of activity of the operators of electronic sites, in case of violations of the law to apply financial and administrative sanctions provided for in this law;
paragraph 3) the fifth part of the third add the words "and in the case of the implementation of the procurement procedure of the electronic reverse auction is also the operator of an electronic platform".
5. in article 10:1) the first part of the paragraph after the fifteenth Supplement new paragraph following contents: information about the procedure of the electronic reverse auction and its results shall be disclosed in accordance with the provisions of section VIII-1 of this law. "
In connection with this paragraph, the sixteenth count paragraph 17;
2) part of the third after the words "the procedure of procurement" add the words "in addition to purchases by the procedure of the electronic reverse auction.
6. in article 12:1) of the first paragraph add the seventh such content: "the electronic reverse auction";
2) after part one to complement the new part of the following content: "2. In cases stipulated by Chapter VIII-1 of this law, customers have no rights in the implementation of the compulsory purchase procedure application retreat from the electronic reverse auction.
In this regard, part of the second considered part of the third.
7. the first part of article 14 to lay out in the following wording: 1. submission of information during the procedure of purchase is made in writing, and in the case of purchases of electronically-in the form of an electronic document.
If the employer and participants during the procedure of purchase provided the information in another form than writing, the content of such information must be confirmed in writing by them, except in the case of the application of purchase in electronic form.
The information prescribed in this law (2289-17) cases had been filed in the form of an electronic document is considered to be the original and has the same legal force with a paper form.
8. Article 18:1), the first paragraph of part two after the word "customer" add the words "or the operator of an electronic platform";
2) of the fourth paragraph: first add the following sentence: "the complaint concerning violations committed during the procurement procedure for the electronic reverse auction can be submitted after the winner of the procedure of the electronic reverse auction, but by the time of the conclusion of the contract on purchase in the manner prescribed by article 39-10 of this Act;
the fifteenth paragraph add the following sentence: "in the event of a decision to suspend purchases by the procedure of the electronic reverse auction authority appeal notify the operator of an electronic platform, which takes place the procedure";
After paragraph the sixteenth supplement new paragraph the following text: "during the suspension of the procedure of the electronic reverse auction operator electronic platform is obliged to take measures for automatic rejection of applications by means of technical equipment and software used to operate the electronic platform.
In this regard, paragraphs 17th-thirty ninth considered in accordance with paragraphs eighteenth-sorokovim.
9. the second part of the article add the words "unless the application of the procedures of the electronic reverse auction, the results of which are published in the manner described in section VIII-1 of this law."
10. the first Paragraph of article 25 to supplement this sentence: "if it is provided by the bidding documentation, bidding can be submitted in the form of electronic document in accordance with this Act and the legislation that governs the issue of electronic documents and electronic signatures.
11. the second part of article 39 to supplement paragraph 9 the following contents: 9) taking into account the requirements of the specified part of the fourteenth article 39-10.
12. Add section VIII-1 this content: "Chapter VIII-1 PROCEDURE for the ELECTRONIC REVERSE AUCTION Article 39 1. Terms and conditions of application of the procedure of the electronic reverse auction 1. The procedure of the electronic reverse auction procurement-procedure in electronic form, which provides for open bidding in auction form by reducing the price of the contract (a lot), which is provided by the operator of an electronic site on the Internet Web site in the "on-line", using an electronic digital signature.
2. after the publication of the customer on the Web portal of the authorized body of the ad on the procurement procedure for the electronic reverse auction, and documentation of the electronic reverse auction applicants registered on the site, as defined by the customer in the ad about the purchase, familiarized themselves with the documentation

the electronic reverse auction and intend to participate in the procurement, within the established period send to the operator of an electronic Pad application for participation in the electronic reverse auction.
In the course of the trading session the electronic reverse auction participants in the electronic reverse auction serves the operator of an electronic platform competitive bids which contain proposals for the price of the purchase. The results of the procedure of the electronic reverse auction the customer enters into a contract of purchase with the participant, who offered the lowest price, or with another participant in accordance with article 39-10 of this law.
3. procedure of the electronic reverse auction subject to mandatory use of the customer that purchases with public funds, in respect of goods, works and services, included in the list approved by the Cabinet of Ministers at the request of the authorized body, if the expected cost of the object of purchase such goods (goods) and services (services) equals or exceeds 100 thousand (in construction-300 thousand), and the works-1 million.
For goods, works and services, the purchase of which does not require the application of the procedures of the electronic reverse auction in accordance with this part, the customer can independently make decisions about purchasing the application procedures of the electronic reverse auction, unless otherwise defined in this law.
Article 39-2. Guarantees of the procedure of the electronic reverse auction 1. Means of telecommunications used during the procedure of the electronic reverse auction should be publicly available, does not restrict the participation of individuals in the electronic reverse auction and does not restrict the ability of customers to obtain needed goods and services for the low prices.
2. During the procedure of the electronic reverse auction processes of communication, Exchange and storage of information shall be carried out in such a way as to ensure: 1) inviolability and confidentiality of information about participants and their applications, in addition to the information in accordance with this law and adopted in its performance to the public, are subject to regulations for the procedure of the electronic reverse auction;
2) anonymity of the participants of the procurement procedure for the electronic reverse auction.
3. The operator of an electronic site and associated with it to individuals is prohibited: 1) to receive remuneration from the customer and/or the authorized body for the use of an electronic platform to ensure the procedures of electronic reverse auctions;
2) receive compensation from the participants for posting on the site or by receiving information about purchasing, for which the participant has the right according to the law on public procurement;
3) interfere with any persons to realize their rights to participate in the electronic reverse auction;
4) be a member of the procurement procedure of the electronic reverse auction at the site, which is owned by the operator.
4. procedure of the electronic reverse auction operator electronic platform receives remuneration may not exceed 10 tax-free.
With the party, with which an agreement on the purchase of the results of the application of the procedures of the electronic reverse auction, the operator of an electronic site receives remuneration may not exceed 50 untaxed minimum incomes.
5. the operator of an electronic platform must ensure its proper operation, including uninterrupted operation during the conduct of electronic reverse auctions, equal access of participants to take part in it, as well as perform the actions stipulated in article 39-10 of this law.
Article 39-3. EDI in the electronic reverse auction 1. All information, documentation, and announcements related to the conduct of the procedures of electronic reverse auctions, are sent to customers, applicants, competent authority, State kaznačejs′koû service of Ukraine, Antimonopoly Committee of Ukraine, other State authorities, which are entrusted with the implementation of the control functions in the field of public procurement, the operators of electronic platforms in the form of electronic documents.
2. Responsible for the accuracy of the information contained in electronic documents, relying on enterprises, institutions, organizations and physical persons-subjects of business activity, on behalf of which the signer electronic documents-physical person or representative.
3. When registering on the site and/or the Web-portal of the authorized body the powers of the representatives of the persons identified in part 1 of this article, to prove its own electronic digital signature, shall be confirmed in the manner set by the electronic site and taking into account the requirements of the legislation governing the application of the electronic digital signature.
4. All documents, information, information related to conducting the public procurement procedure for the electronic

reverse auction, subject to storage operators of electronic platforms according to the regulations of the electronic platform and legislation.
5. If the provisions of this section provides direction and information one Subscriber to another, this flow is carried out exclusively through email.
Article 39-4. Requirements to electronic platforms and operators of electronic platforms 1. To the procedures of electronic reverse auctions authorized body performs on a competitive basis a selection of electronic platforms and operators of electronic platforms for a period of three years.
Requirements to electronic platforms, including the conditions of their operation, and the operators of electronic platforms, which enables procedures of electronic reverse auctions under this Act, the procedure for confirmation of compliance of electronic platforms and operators of electronic platforms these requirements, the order of competition, the required number of electronic platforms (but no less than three) are established by the Cabinet of Ministers of Ukraine for the submission of the authorized body.
2. Electronic platforms and operators of electronic platforms, on a competitive basis receive the right to electronic reverse auctions under this Act, are authorized to register electronic platforms and operators of electronic platforms.
Information on electronic platforms and operators of electronic platforms, changes to the registry, are placed on the Web portal of the authorized body.
The authorized body shall conclude with the operators of electronic platforms agreements on the functioning of the electronic platforms for the implementation of the activities of the Organization and conduct of the public procurement procedure for the electronic reverse auction not later than 30 days from the day of entering them in the register of electronic platforms.
3. Exclusion of operators of electronic platforms from the registry operators of electronic sites is carried out in case of: 1) statement of the operator of an electronic platform;
2) termination of the legal person-operator of an electronic platform;
3) the application of the authorized body of the respective sanctions foreseen by part 4 of article 39-11 of this law.
If the exclusion of operators of electronic platforms from the registry operators of electronic platforms is carried out according to the operator's electronic platform, must be completed all the purchases by the procedure of the electronic reverse auction started on this site. Upon receipt of the competent authority of such statements by reference to the corresponding electronic playground in new ads on purchases by the procedure of the electronic reverse auction, customers placed on the Web portal of the authorized body in accordance with of article 39-6 of this law, is not allowed.
Article 39-5. Registration of customers, applicants and other subjects of the procurement procedure for the electronic reverse auction 1. Customers that need access to the procedure of the electronic reverse auction, State kaznačejs′ka service of Ukraine, Antimonopoly Committee of Ukraine, other bodies of State power, which is based on the exercise of control functions in the field of public procurement, to ensure access to information about the procedure of the electronic reverse auction should register on the Web-portal of the authorized body. Registration details are provided solely in the form of electronic documents. Registration procedure and requirements to the amount of the registration data are developed and approved by the competent authority.
2. Registration data provided pursuant to part one of this article, that the operator of an electronic platform for access of persons specified in part 1 of this article, to follow up on the site of its functions in accordance with this law, passed to him by the competent authority.
The procedure and the amount of such transmission shall be determined by the competent authority in the regulations of the electronic platform.
3. To ensure access of persons wishing to participate in a procurement procedure for the electronic reverse auction, conducted on the electronic platform, the operator of an electronic site provides them with free registration on the site.
4. For the registration on the site of the person who wishes to take part in the tendering procedure for the electronic reverse auction, conducted on this electronic platform should provide the operator of an electronic platform in the form of electronic documents documents and information, the requirements of the composition and content of which shall be determined by the competent authority in the regulations of the electronic platform.
5. the documents and information provided for registration on the Web portal of the authorized body or on the site shall be effective on the day of submission.
6. within the period not exceeding five working days from the day of receipt of the documents required for registration on the site, the operator of an electronic site shall register the person who provided the documents, opening

such a person to account for operations related to the provision of software applications for the procedure of the electronic reverse auction and payment of compensation to the operator of an electronic site, or to deny such a person at the desk of the grounds stipulated by the sixth part of this article, and also send a notice of the decision to the person who submitted the documents for registration.
The person registered on the site to participate in a procurement procedure for the electronic reverse auction, conducted on this electronic site, automatically receives the status of the applicant. The applicant has the right to participate in all purchases by the procedure of the electronic reverse auction, taking place on this electronic site, subject to the requirements of the tenth part of this article.
7. the operator of an electronic platform is obliged to refuse the registration of a person in case of failure or incomplete provision of registration data, provided by the e-platform, or in the case of the provision of documents that do not meet the requirements established by these regulations.
8. When making an operator of an electronic platform of the decision to refuse to register a person on the site under Part 7 of this article, a message should contain a link to the basis of such decision, including a link to the lack of documents and information or documents and information that do not meet the requirements of the legislation. In the case of the Elimination of these reasons a person has the right to repeatedly provide documents and information to register on the site.
9. The refusal of the registration of persons on the ground of the other grounds, apart from the stipulated in part 7 of this article, shall be prohibited.
10. Registration of persons on the site is made for a period of three years from the date of sending by the operator of an electronic platform to a person, an electronic document that contains the notice of decision regarding its registration on the site. The applicant has the right to submit an application for participation in the procurement procedure for the electronic reverse auction on this site, if before the end of the term of registration is left less than three months.
For the three months to the end of the period of registration of a person, the operator of an electronic platform should send this person a message. The person has the right to re-register for a new term in accordance with the requirements of this article.
11. In the case of amendments to documents and information that has been provided to subscribers at the time of registration on the site, their replacement or termination of the term of such subscribers within two working days should provide to the operator of an electronic platform of new documents and information, notice of termination of the term of the mentioned documents.
12. The responsibility for the accuracy of the information contained in the documents and information provided for registration on the site under part one-tenth of this article, for actions committed on the basis of the following documents and information for deferred message operator of an electronic site on amendments to the documents and information provided for registration on the site, as well as for the replacement or termination of the mentioned documents are individuals who have provided such documents and information.
13. within five working days from the day of receipt provided by the part of ten and eleven completed this article documents and information to the operator of an electronic platform must provide accommodation on the site of the new documents and information or changes to the provided for registration of documents and information with the date and time of receipt of these documents and information. In this case, the operator of an electronic site does not check the accuracy of the information contained in the documents and information, as well as the changes to the documents and information on compliance with the requirements established by legislation.
14. the procedure for keeping a register of subscribers of operators of electronic platforms, as well as the features of the exchange of information connected with the procedures of electronic reverse auctions, between persons defined in parts of the first and third articles 39-3 of this Act, shall be determined by the competent authority in the regulations of the electronic platform.
Article 39-6. Information on the procedure of the electronic reverse auction 1. The announcement about the purchases by the procedure of the electronic reverse auction and documentation of the electronic reverse auction are placed by the customer on the Web portal of the authorized body.
The customer has the right of note in the ad about the procedure of the electronic reverse auction, and documentation of the electronic reverse auction demand for participant software application.
In the ad about the purchases by the procedure of the electronic reverse auction required are: 1) the shape of the trades (the procedure of the electronic reverse auction);
2) addresses electronic site, selected for the auction in the Internet;
3) name, location, mail address, address

email the customer;
4) name of the subject of purchase;
5) number and place of delivery of goods or the amount and location of works or the provision of services;
6) term of delivery of goods, works, services;
7) size to ensure enrollment in purchases by the procedure of the electronic reverse auction;
8) day expiration deadline for participation in a procurement procedure of the electronic reverse auction.
In the ad may state additional information determined by the customer.
Documentation of the electronic reverse auction should contain the following information: 1) requirements for the content and composition of the application for participation in the electronic reverse auction and instructions regarding its filing;
2) size of software applications for participation in the procurement procedure for the electronic reverse auction;
3) day expiration deadline for participation in a procurement procedure of the electronic reverse auction;
4) qualification criteria to the parties in accordance with article 16 of this law, the requirements laid down in article 17 of this law, and information about the way the documentary confirmation of compliance of participants established the criteria and requirements in accordance with the law;
5) the procedure for formation of the price of the contract (a lot of) subject or without taking into account the costs of transportation, insurance, payment of customs duties, taxes and other mandatory payments;
6) start (maximum) price agreement (lot); initial (maximum) price unit services and/or work, if the customer during the purchase cannot determine the necessary amount of services and/or works;
7) information about the currency, which is used to form the price agreement;
8) information about the language (languages) of that (which) must be compiled application participants;
9) size, species, condition, conditions of return and the failure to ensure the performance of the contract on purchase;
10) information about the necessary technical, qualitative and quantitative characteristics of the subject procurement, including the appropriate technical specification (if necessary, plans, blueprints, drawings, or description of the object of purchase). This technical specification must contain: a detailed description of the goods and services purchased, including their technical and qualitative characteristics;
requirements for technical and functional characteristics of the subject of purchase, if you cannot compose a description or if appropriate to mention such indicators; links to standard features, requirements, symbols and terminology relating to the goods, works and services, which are provided for in existing international or national standards, norms and regulations.
Technical specification should not contain links to specific trademark or company, patent, design or type of the object of purchase, the source of its origin or the manufacturer. If such a link is necessary, the specification should contain the phrase "or equivalent". Technical, qualitative characteristics of the subject of purchase of should have anticipated the need for the application of measures to protect the environment;
11) the amount of the goods and the place of delivery;
12) place where should be performed work or rendered services, their volume;
13) timing of the supply of goods, works, services;
14) the project agreement for the purchase;
15) description separate part or parts of the subject procurement (lot), for which the application can be submitted in case the participants determine the lot.
The initial (maximum) price of the contract contained in the documentation of the electronic reverse auction, do not exceed the expected value of the subject procurement.
The size of the software application may not exceed 1 per cent of the initial (maximum) price agreement in the case of purchases of works and 5 per cent in the case of procurement of goods or services according to the procedure of the electronic reverse auction.
2. Announcement of carrying out the procurement procedure for the electronic reverse auction and documentation of the electronic reverse auction should be available for any person at no cost throughout the entire procedure of the electronic reverse auction. After completion of the procedure of the electronic reverse auction documentation of the electronic reverse auction and information about its results must be available for any person at no cost on the Web portal of the authorized body for three years from the date of completion of the procedure.
3. The deadline for submitting applications for participation in the procurement procedure of the electronic reverse auction should be no less than 10 working days, and in the case of the initial (maximum) price agreement (lot), defined by the documentation of the electronic reverse auction, exceeding 20 million grivnas, then no less than 15 working days from the date of placement of the ad and the documentation of the electronic reverse auction on the Web portal of the authorized body.
4. Notice of changes to the documentation of the electronic reverse auction in accordance with part two of article 39-7 is placed by the customer on the Web portal of the authorized body on the day of the decision to make these changes.
5. The message about prolongation of the term of submission of applications in accordance with part six article 39-8 is placed by the customer

on the Web portal of the authorized body on the day of adoption of the decision on the extension of such term.
6. the customer is obliged to cancel the procedure of the electronic reverse auction in the case of: 1) the absence of further needs in procurement, on which were placed the ad;
2) impossibility of elimination of consequences due to detected violations of the legislation on public procurement during the procurement procedure for the electronic reverse auction and prevent further procedure;
3) revealing the fact of conspiracy members who have applied to participate in the auction;
4) if the exercise of purchasing has become impossible due to force majeure;
5) If after the submission of applications for participation in a procurement procedure for the electronic reverse auction filed only one application or has not filed a single application.
The procedure of the electronic reverse auction shall be mandatory also rejected if the operator of an electronic site excluded from the registry operators of the electronic platform of the grounds set out in paragraphs 2 and 3 of part three article 39-4 of this Act.
Cancellation procedure of the electronic reverse auction, indicating the reasons for the cancellation is placed by the customer on the Web portal of the authorized body on the day of the decision of such cancellation.
In case of cancellation of the procedure of the electronic reverse auction, the operator of an electronic pad stops made in accordance with part three of article 39-8 blocking of funds in the accounts of the participants, except the period specified in the third part of this article, during the working day following the day of posting customer cancellation procedures of the electronic reverse auction.
Article 39-7. Providing queries and clarifications concerning the documentation of the electronic reverse auction and making changes to it 1. Any contender has the right not later than three working days before the end of the period of application to send on the address of the electronic platform, which is planned to be the procedure of the electronic reverse auction, request in the form of an electronic document for the provision of explanations concerning the documentation of the electronic reverse auction (the total number of requests from one candidate for a single purchase of should not be more than three).
The operator of an electronic site for one hour after receiving a request from the applicant sends the customer an electronic document with a copy of the request in the form that excludes the possibility of identification of the applicant. The customer shall during the term, which should not exceed two working days from the date of receipt of the request from the operator of an electronic site, is required to post on the Web-portal of the authorized body the appropriate clarification of the provisions of the documentation. Clarification of the provisions of the documentation should not change the essence of these provisions.
2. During the period specified in the ad about carrying out purchase procedures for submission of applications, the customer has the right, on his own initiative or on the results of queries to make changes to the documentation of the electronic reverse auction, extending the period of application so as to make these changes from day to day the term of submission of applications for participation in the procurement procedure of the electronic reverse auction left no less than five working days and, in the case of the initial (maximum) price agreement (lot), defined by the documentation of the electronic reverse auction, exceeding 20 million grivnas, then no less than 10 working days.
3. the customer Decision on amendments to the electronic reverse auction to be promulgated pursuant to article 39-6 of this Act.
Article 39-8. Procedure for filing of applications 1. To participate in the procurement procedure for the electronic reverse auction bidder, registered on the site, on which scheduled the procedure sends a request to the operator of this electronic platform. On account of such applicant, open according to the part of the sixth article 39-5 of this Act must be enough funds for which had not been previously blocking of funds in accordance with part three of this article, to ensure the application, if the requirement for the provision of applications defined by the customer, in accordance with of article 39-6 of this Act, and the payment of compensation to the operator of an electronic platform, the size of which is determined in accordance with part four article 41-2 of this law.
In one procedure, the electronic reverse auction each participant has the right to submit only one application for each item of the auction (lot).
The granting of the application means the consent of the applicant on the debiting of his account opened pursuant to part six article 39-5 of this law, in the cases provided by this section.
2. Application for participation in the procurement procedure of the electronic reverse auction should contain the following information: 1) name, legal form, location, mailing address, e-mail address of the applicant;
2) documents confirming the requirements contained in the documentation of the electronic reverse auction, according to of article 39-6 of this Act, to the participants;

3) documents confirming the conformity of goods, works and services requirements, established by the legislation of Ukraine, if the requirements for the provision of such documents are contained in the documentation of the electronic reverse auction;
4) in the case of the subject of purchase is the supply of goods: a) the bidder's consent order for delivery of goods in case the participant of the tender offers for the supply of the goods, specifying a trademark which is contained in the documentation of the electronic reverse auction, or specify the trademark (verbal) product that is offered for supply, and specific indicators of this product, which correspond to the meaning of equivalence established by the documentation of the electronic reverse auction If a participant purchases offers for the supply of goods, which is equivalent to the goods specified in the documentation of the electronic reverse auction, if the link to the trademark contained in the documentation of the electronic reverse auction, as well as the requirements of the need to link to the trade mark in the application for participation in the electronic reverse auction;
b) specific indicators that correspond to the value set by the documentation of the electronic reverse auction, and specify the trademark (verbal) of the goods offered to supply, in the absence of documentation of the electronic reverse auction link to the trademark;
5) Bidder's consent to the execution of works, rendering services on the terms stipulated by the documentation of the electronic reverse auction, if the subject of the procurement is the execution of works, rendering services;
6) in the case of the subject of purchase is the execution of works, rendering services for performance and using the product: a) consent stipulated in paragraph 5 of this part, which including means consent to the use of the goods, specifying a trademark which is contained in the documentation of the electronic reverse auction, or consent, stipulated in paragraph 5 of this part, specify the trademark (verbal) product that is offered for use and specific indicators of this product, which correspond to the meaning of equivalence established by the documentation of the electronic reverse auction participant bidder offers to use a product that is equivalent to the goods specified in the documentation of the electronic reverse auction, if the link to the trademark contained in the documentation of the electronic reverse auction, as well as the requirements of the need to link to the trade mark in the application for participation in the electronic reverse auction.