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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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C A C U A TO R S
{Law has lost validity on the basis of the Law
N 1197-VII ( 1197-18 ) from 10.04.2014, VR
2014, N 24, pp. 883}
On Amendments to the Law of Ukraine
"On the exercise of public procurement" on implementation
Electronic reverse auction procedures
(Information of the Verkhovna Rada (VR), 2013, N 18, pp. 168)

Verkhovna Rada of Ukraine Oh, I am. :
I. Commit to the Law of Ukraine " On State
purchasing " ( 2289-17 ) (Information of the Verkhovna Rada of Ukraine,
2010, N 33, pp. 471 with the following changes):
1. In Article 1:
1) Part of the first complement of items 1-1, 6-1, 6-2, 6-3, 6-4,
8-1, 9, 19-1, 24-1, 26-2, 26-3, 31-1 this content:
" 1-1) subscriber is any physical or legal entity,
registered on an electronic site or web portal
The authorized body ";
" 6-1) documentation of the electronic reverse auction-
electronic documents feature mandatory requisition-electronic
the digital signature and determine the customer ' s requirements to the subject,
The treaties, procedures and participants of the procurement. Composition requirements and
The content of the electronic reverse auction documentation
are established by this Act;
6-2) electronic application (further-application)-electronic
a document confirming the agreement of the procurement participant to make a treaty
about procurement on designated customer conditions and containing documents
and information confirming the execution of the customer requirements during
holding the procurement behind an electronic reversal procedure
An auction
6-3) electronic competitive application (further-competitive)
application) is an electronic document containing information about the
Proposal of a participant on the price of a procurement contract (lot), which
is served by an electronic course operator directly during
Holding a trade session of an electronic reversal auction;
6-4) electronic site-site on the Internet together with
the aggregate of technical equipment, software and
the organizational measures used by the operator
of an electronic course to conduct public procurement for
An electronic reversal auction procedure ";
" 8-1) provision of the application-funds provided to the request
Commissioned by the participant in the procurement procedure
a reversal of the auction as a guarantee of fulfillment to it
The Convention on the results of the proceedings;
9) the procurement in electronic form-the state procurement, under
the time used by the electronic document
Under the Law of Ukraine " On electronic documents and
electronic document " ( 851-15 );
" 19-1) the electronic course operator is a legal entity as
and other forms of property, the state registration of which
undertaken in the territory of Ukraine in established legislation
the order that owns the electronic playground needed for its
software, experience, and
The qualification of the staff is allowed to provide
electronic reverse auctions according to this Act and which
Included in the Register of Electronic Ground Operators ";
" 24-1) challenger-subscriber registered on the
Electronic venue to participate in procurement by procedure
an electronic reverse auction held on this site
Electronic venue ";
" 26-2) the regulation of the electronic course-rules that
regulate the order of interaction between the electronic course operator
and its subscribers during the exercise of public procurement for
electronic reverse auction and relationship procedure
(including rights, duties and responsibility) consisting of
Between them in the process of performing an action on the electronic set;
26-3) The register of electronic venue operators is a list that
contains a collection of information about the subjects of the host, which
have the right to exercise activities from the organization and conduct
public procurement through an electronic reversal procedure
auction ";
" 31-1) trade session-part of the time of electronic
the site during which the electronic reversal is participants
The auction is filed by competitive bids ";
Items 20, 22 and 24 are set out in this edition:
" 20) winner of procurement procedure-participant, proposal
competitive bidding or an entire offer recognized by the most
economically advantageous and accreted in the event of a bidding
(competitive bidding), or participant whose proposal is accepted for
the results of the application of the procurement procedure per participant,
or a participant in the procedure of an electronic reversal auction which is under
Trade session of electronic reversion time
The auction offered the lowest price of the contract (lot) and the application
what is recognized by the requirements of the documentation
An electronic reversal auction ";
" 22) is a related person who meets any of
The following features:
legal entity that takes control of the participant of the procedure
A snack, an electronic pad operator, or a control
such a participant in the procurement procedure, the operator of electronic
grounds, or is under joint control with such a participant
The procurement procedure, the operator of the electronic course;
a physical person or members of her family who exercise control over
A participant in the procurement procedure, the operator of the electronic course;
Officer (position) of the participant in the procurement procedure
of the electronic course operator, authorized to exercise
the name of the participant procedure of the procurement procedure,
the course of legal action aimed at installation, change or
stopping civil-legal relations, and family members such as
Official (official);
members of the staff of the customer ' s official (service) person who
make control of the participants in the procurement procedure or
Authorized to exercise on behalf of the Procurement procedure
legal action aimed at setting, changing or stopping
Civil-legal relations.
Control must be understood
directly or through greater amounts of physical or
legal entities the largest share (pau, stock package) of the statutory
the capital of the participant procedure of the procurement procedure, the operator of electronic
site or managing the largest number of votes in the governing body
the organ of such a procurement procedure, an electronic operator
course, or possession of a share (pau, stock package), which
is not less than 25 percent of the statutory capital of the participant
Procurement procedures, an electronic site operator.
For physical person, the total amount of possession is a fraction of a statutory
the capital of the participant procedure of the procurement procedure, the operator of electronic
The course (voices in the administration) is defined as a general
the volume of corporate rights belonging to such a physical person, members
its families and legal entities that are controlled by such a physical
a person or member of her family.
For the purposes of this Law, family members are considered spouses,
children, parents, family brothers and sisters, grandfather, baba, grandchildren,
Adopters, adopted, as well as other individuals under their terms
permanent residence, together with the associated person and the conduct of the
";
" 24) subject of procurement-goods, work or services, which
Purchased by the customer within the same procurement procedure, on
Participation in which participants are presented with competitive bidding
(qualifiers, price proposals) or negotiation proposals
(in case of application of procurement procedure per participant), or
applications (in case of an electronic reversal procedure)
auction). The purchase item is determined by the customer in order,
by the authorized body. To conduct the procedure
The procurement must be at least two propositions/applications other than cases
application of a procurement procedure by a single participant ";
29 after the words "public procurement" to complement the words
" and/or on violations of the laws of the electronic
Course ";
33 and 35 are set out in this edition:
" 33) participant of the procurement procedure (further participant)-any
a physical or legal person who has confirmed the intention to attend
the procurement procedure by applying competitive bidding or
applications to participate in an electronic reverse auction, or pricing.
proposals, or proposals to negotiate in case of application
Procurement procedures per participant ";
" 35) part of the procurement subject (lot)-determined by the customer
a part of the goods, works or services that within a single procedure
Attendees are allowed to submit competitive offers
trading or bids, or price proposals, or proposals for
talks when the procurement procedure is applied to one
The participant. To conduct a procurement procedure for each individual
a part of the procurement subject (lot) must be at least two sentences
or applications (competitive applications), in addition to cases of application
A customer procedure for procurement in one participant ";
2) include part of the second such content:
" 2. "Electronic Document", "electronic"
the document "," electronic digital signature " is used in the meaning,
defined in the laws of Ukraine "On electronic digital signature"
( 852-15 ), "On electronic documents and electronic documents"
in Ukraine " ( 851-15 ).
2. Abzac first part of first article 2 of teaching in such a
& Revision:
" 1. This Act applies to all customers and purchases.
goods, works and services that are completely or partially implemented
at the expense of public funds, provided that the cost of the subject
purchase of goods (goods), services (services) equal to or
More than 100,000 hryvnias (in construction-300,000 UAH), and
Works-$1 million, apart from procurement by procedure
an electronic reversal auction, the terms of which the
the resolution of the VIII-1 section of this Act. "
3. Paragraph 2 of the second part of Article 7 should be supplemented by the words
" or placed on the authorized body of the authorized body and on
Electronic Site Operator website (in case of application)
procedures for electronic reversal auction) ".
4. In Article 8:
1) in part one:
in paragraph 19:
paragraph 5 to complement the words " order of inclusion
(exclude) master-of-operator (s) before/from the operator registry
Electronic sites and order of conduct, regulations
of an electronic course ";
the paragraph of the ninth paragraph to add to the words "
An electronic reverse auction procedure ";
the paragraph of the fourteenth to complement the words " the customer's decision on
the signing of the procurement treaty or the abandonment of the
Procurement contract ";
the paragraph of the sixteenth should be supplemented with the words "
In contrast to the electronic reversal of the auction ";
Complement paragraph 27 of this content:
" 27) performs state surveillance (control) by activity.
Electronic site operators from organization and conduct
Electronic reverse auctions ";
2) Part of the second complement paragraph 6 of this content:
" (6) to conduct the scheduled and out-of-plan checks of activities
Electronic course operators, in case of disturbance detection
legislation to apply financial and administrative sanctions,
Under this Act ";
(3) Paragraph for the fifth part of the third indent by the words " and in case of
Performing a procurement through an electronic reversal procedure
The auction is also an electronic site operator. "
5. In Article 10:
1) Part of the first after paragraph Friday to supplement new
the paragraph of this content:
" Information on the conduct of the electronic system
The reverse auction and its results are made public
according to the provisions of the Section VIII-1 of this Act. "
In this regard, it is the sixteenth century.
Seventeenth;
2) part three after the words "The procurement procedure" to complement
Words "Apart from the procurement behind the electronic reversal procedure"
auction. "
6. In Article 12:
(1) Part of the first complement of the paragraph by the seventh such content:
"electronic reverse auction";
2) after part of the first complement to a new part of such a
content:
" 2. In cases predicted by section VIII-1 of this Act,
The customers do not have the right to make the procurement withdraw from
Mandatory application of electronic reversal procedure
auction. "
This part of the second is considered to be part of the third.
7. Part of the first article 14, to be published in this edition:
" 1. Submission of information during procurement procedure
is carried out in writing, and in case of procurement in
electronic form-in the form of an electronic document.
In case of a customer and participants during the procedure
The procurement provided information in another form than written, content.
This information should be written in written, other than
For example, the application of procurement in electronic form.
Information provided by this Act ( 2289-17 ) Cases
was filed in the form of an electronic document, considered
the original and has the same legal strength with paper form. "
8. In Article 18:
(1) the paragraph of the first part of the second after the word "customer"
Complement the words "or of an electronic course statement";
2) in part four:
paragraph first supplement the sentence of such content: " The Treasury that
pertaining to the violations added during the procurement process
An electronic reverse auction procedure may be served
after determining the winner of an electronic reversal procedure
the auction, but by the time of the procurement contract in
The order stipulated by Article 39 to 10 of this Act ";
Paragraph fifteen should complement the sentence of such content: " In case of
the decision to suspend the procurement by procedure
The electronic reverse auction organ of the appeal reports a
This is the operator of the electronic course on which
Procedure ";
after the paragraph of the sixteenth will complement the new paragraph of such a
content:
" During the suspension of electronic reversal procedure.
An auction operator is required to enter
measures to automatically reject applications by means of
technical equipment and software that
are used for the work of the electronic course. "
In this regard, seventeen is thirty-nine.
In accordance with the paragraphs of the eighteenth to fortieth.
9. Part of the second article 19 in addition to the words " other than
applying an electronic reverse auction procedure,
the results of which are published in the order defined by the section
VIII-1 of this Act. "
10. Abzac first part of first article 25 complemented by sentence
such content: " If this is provided by competitive documentation
trading, the offer of competitive bidding can be served as a
the electronic document according to this Act and
legislation regulating the issue of electronic document and
an electronic digital signature. "
11. Part of the second article 39 should be supplemented by paragraph 9 of
content:
" 9) regard the requirements defined by the Fourteenth
"Article 39-10".
12. Add the VIII-1 section of this content:
" VIII-1 Section
ELECTRONIC REVERSE AUCTION PROCEDURE
Article 39-1. General positions and conditions of application
Electronic reverse auction procedures
1. Electronic reverse auction procedure-procedure
purchasing in electronic form, which involves conducting an open
trading in the form of an auction by the method of reducing the price of the contract (lot),
of which an electronic site operator is provided
on site on the Internet in "on-line" mode, using
Electronic digital signature.
2. After publishing the customer on the web portal
Authorized body of the announcement body for procurement
Electronic reverse auction procedure and documentation
an electronic reverse auction of applicants who are registered
on an electronic set defined by the customer in the announcement
about holding the procurement, familiar with the documentation
an electronic reverse auction and intends to participate in the
the procurement, during the installed row, send the operator
of the electronic course of the application to participate in the procedure of electronic
The reverse auction.
During the trade session of an electronic reversal auction
The participants of an electronic reversal auction are served by the operator
the electronic course of competitive applications that contain proposals
The price of the procurement price. On the results of the procedure
An electronic reversal auction of the customer contracts the
purchase with a participant who offered the lowest price, or from
other members in accordance with Article 39-10 of this Act.
3. The electronic reverse auction procedure is subject to
Mandatory application by the customer for procurement
government funds, regarding goods, works and services included in
the list approved by the Cabinet of Ministers of Ukraine
Authorized body if the expected value of the procurement subject is expected
such a commodity (goods), services (services) equals or exceeds
100 thousand hryvnia (in construction-300,000 hryvnias), and works-
1 million dollars.
For goods, works and services, procurement does not require
applying an electronic reverse auction procedure
according to this part, the customer may accept
the procurement solution with the application of electronic
a reverse auction unless otherwise defined by the Act.
Article 39-2. Guarantees of the conduct of the electronic system
reverse auction
1. Telecommunications tools used during the
carrying out a procedure of electronic reverse auction, have
to be publicly accessible, not to limit the participation of persons in the procedure
electronic reverse auction and do not limit the ability to
customers will receive the necessary goods and services for the most
Low prices.
2. During the electronic reversal procedure
the auction of communication, exchange and information
must be carried out in such a way to ensure that:
(1) Inviolability and privacy of information about participants
and the content of their applications, apart from the information under this Act and
Adoption of the agenda
Publication of an electronic reversal procedure
An auction
(2) The anonymity of participants in procurement by procedure
electronic reverse auction.
3. Electronic site operator and related
Persons are prohibited from:
1) receive the reward from the customer and/or the Commissioner
The Authority for the use of an electronic pad to provide
Conducting procedures for electronic reverse auctions;
2) receive the reward from the participants for registration by
an electronic venue or for the acquisition of information about the procurement,
to the recipient of which the participant is entitled to the legislation on
Issues of public procurement;
3) prevent any person from implementing their rights to the
Participation in the electronic reverse auction procedure;
4) be a participant in the procurement behind the electronic
a reverse auction on the site that belongs to this
operator.
4. From the participants of the electronic reverse auction procedure
An electronic course operator receives a reward that cannot
to exceed 10 non-tax income minimums of income.
Participant of procurement contract for
the results of an electronic reversal procedure
auction, the electronic course operator receives a reward that
cannot exceed 50 untaxable income minimums.
Citizens.
5. The electronic course operator is required to provide
its proper functioning, in particular the irrefighting of work under
the time of performing electronic reverse auctions, equal access
participants to participate in it, as well as the execution of actions foreseen
Article 39-10 of this Act.
Article 39-3. Electronic document in a procedure
electronic reverse auction
1. All information, documentation and announcements related to
carrying out procedures of electronic reverse auctions,
are sent by customers, applicants, authorized by the body,
State Treasury Service of Ukraine, Antimonopoly Committee
Ukraine, other state authorities on which to rely on
Implementation of the functions of control in public procurement,
Electronic-site operators in the form of electronic
Documents.
2. Responsibility for the authenticity of the information contained
in electronic documents, relying on businesses, agencies,
organizations and individuals
{\f29 Activities } {\f29 for }
A person or a representative.
3. During registration on an electronic pad/or
The web portal of the authorized body of representatives of persons,
defined in part one of this article, to witness its own
electronic digital signature, must be confirmed in a way that
set by the regulations of the electronic site and with regard to
requirements of legislation regulating the application of electronic
Digital signature.
4. All documents, information, information related to
carrying out public procurement with the procedure of electronic
The reverse auction is subject to storage of operators
electronic venues according to the regulations of the electronic
the course and the legislation.
5. In case the provisions of this section are provided
hiding documents and information by one subscriber else, such as
A document is carried out exclusively through an electronic course.
Article 39-4. Requirements for electronic venues and operators
Electronic venues
1. To ensure the feasibility of procedures
The electronic reversals of the authorized body are held at
Competitive selection of electronic venues and operators
Electronic venues for three years.
Requirements for electronic venues, including conditions of their
functioning, and operators of electronic venues, execution
which provides electronic procedures for the implementation of
The reverse auctions according to this Act, order
confirmation of electronic venues and operators
Electronic venues to these requirements, the order of the competitive selection,
the required number of electronic venues (but not less than three)
are set up by the Cabinet of Ministers of Ukraine for the
The authorized body.
2. Electronic sites and electronic data operators
The venues that are in the competitive basis were the right to exercise
electronic reverse auctions provided by this Act are worn out.
Authorized body to register of electronic venues and
Electronic course operators.
Information about electronic venues and electronic operators
The sites listed on the register are hosted on the Web portal
The authorized body.
The authorized body must deal with electronic operators.
Electronic course board
to carry out activities from the organization and conduct of public
shopping for the procedure of an electronic reversal auction
later 30 days from the day of introduction to the electronic
The venues.
3. Electronic register operator removal from registry
Electronic site operators are carried out in the case of:
1) statements by the electronic site operator;
2) the termination of the legal person-the operator of the electronic
Course.
(3) application of the authorized body of appropriate sanctions,
predicted part of the fourth article 39-11 of this Act.
In case of the elimination of E-based operators from
Register of electronic site operators is carried out in a statement
electronic site operator, pre-must be
completed all of the procurement by the electronic reversal procedure
the auction started on this site. After receipt
The authorized body of this statement of reference to the relevant
electronic pad in new procurement announcements
by an electronic reverse auction procedure placed in the
the customers on the Commissioner ' s web portal according to
the parts of the first article 39-6 of this Act are not allowed.
Article 39-5. Registration of customers, applicants and others
Subject matter procurement
reverse auction
1. The conspirators who need access to the procedure
Electronic reverse auction, State Treasury Service
Ukraine, Antimonopoly Committee of Ukraine, other state bodies
the authority on which the function of control is to be taken
public procurement, to provide access to information about
an electronic reverse auction procedure must be
Register with the Authorized Body on the Web portal. Login
data is provided solely in the form of electronic documents. Order
the registration and registration requirements are being developed
and are approved by the Commissioner-General.
2. Registration data provided according to part 1.
this article that is required by the electronic course operator for
ensuring the access of persons listed in part one of this
article, to perform on the electronic pad of its functions
According to this Act, it is passed by the Commissioner to the Commissioner.
The order and scope of such transmission are determined by the Commissioner
in the text of the electronic course.
3. To provide access to individuals who wish to participate
purchasing power for an electronic reverse auction, which is
are held on this electronic course, the operator
The electronic course carries out their free registration to
An electronic pad.
4. To register on an electronic site, the person who wishes
take part in the procurement behind the electronic reversal procedure.
the auction held on this electronic site should be
give an electronic pad operator in the form of an electronic
documents documents and information, composition requirements and content of which
are determined by the authorized body in the regulations of the electronic
Come on.
5. Documents and information provided for registration
The web portal of the authorized body or on the electronic venue,
must be valid on the day of submission.
6. For a string that does not exceed five working days from the day
getting the documents required to login to an email
set, an electronic pad operator is required
register the person who provided the documents, ensure the opening
such special account to conduct transactions related to the
Providing requests for an electronic reversal procedure
the auction and payment of the electronic course operator,
or refuse such a person to register with the grounds stipulated
part of the sixth of this article and also to send a message of
Adoption of the agenda.
Person registered on the electronic venue to participate in
purchasing power for an electronic reverse auction, which is
are conducted on this electronic pad, automatically receiving
the status of the applicant. The applicant has the right to participate in all
purchasing power for an electronic reverse auction, which is
takes place on this electronic venue, subject to requirements
of the tenth of this article.
7. The electronic court operator is required to refuse
the person registration in case of untenable or incomplete provision
The registration data provided by the regulations of the electronic
the course, or in the case of providing documents that do not comply with the
the requirements established by this regulation.
8. On the decision of the electronic court statement
concerning the denial of the registration of the person on the electronic pad,
predicted part of the seventh of this article, the message has
contain a link to the basis of the adoption of such a decision, in
including a link to a lack of documents and information or to
documents and information that do not meet the requirements of the legislation
Ukraine. In the case of the removal of the marked grounds, the person has the right to
re-provide documents and login information for
An electronic pad.
9. Refuse to register persons on the electronic venue
other subjects other than the predicted part of the seventh of this article,
Forbidden.
10. Registration of persons on electronic course is carried out
string for three years from the day of the direction of the electronic
the site of the person who is registered, the electronic document
contains a message of the decision on its registration to
An electronic pad. Applicant has no right to apply
to participate in the procurement behind the electronic reversal procedure.
the auction on this site, if the line is finished
The registration is less than three months.
Three months before the person registration line is finished
The electronic course should direct such a person.
Message. A person has the right to re-register for a new one
the lines according to the requirements of this article.
11. In case of changes to documents and information that
were provided by subscribers during the email registration
set, their replacement or termination of the action string such to the
for two working days to provide an electronic
the course of new documents and information,
end the specified document action string.
12. Responsibility for the authenticity of the information
contained in documents and information provided for registration.
on the electronic venue according to part ten of this
articles, for actions committed on the basis of such documents and information,
while the electronic site operator message is not timely
Make changes to documents and information provided to
on the electronic site, as well as replacement or
termination of the specified documents, carry out the persons who have provided
Such documents and information.
13. For five working days from the day
the tenth and eleventh of this article
documents and information about the electronic course operator
is required to provide accommodation on the electronic venue
new documents and information or changes to the data provided for
the registration of documents and information with the date selected and
the time of the specified documents and information. With this
The electronic course operator does not check for authenticity
information contained in new documents and information, as well as
included changes to documents and match information
the requirements established by the legislation.
14. Register of electronic subscribers
fields, as well as features of the exchange of information related to
carrying out procedures of electronic reverse auctions, between
persons identified in parts of the first and third articles 39-3 of this
Law defined by the Commissioner of Commissioners
An electronic pad.
Article 39-6. Procedures for the conduct of the procedure
electronic reverse auction
1. Announcement of procurement by procedure
electronic reverse auction and electronic data documentation
The reverse auction is posted by the customer on the web portal
The authorized body.
The customer has the right to assign to the announcement of the conduct
procedures for electronic reverse auction and documentation
an electronic reverse auction of the requirement for awarding a participant
Make applications.
In the announcement of conducting procurement by procedure
An electronic reverse auction is necessarily noted as follows:
(1) form of trading (electronic reversal procedure)
Auction);
2) the address of the electronic course selected for the holding
The auction, on the Internet;
3) naming, location, postal address, address
Customer's email;
(4) The naming of the procurement subject;
5) number and place of supply of goods or volume and location
Performing or providing services;
6) lines of delivery of goods, performing work, providing services;
7) the size of the purchase requisition fee for
An electronic reversal auction procedure;
8) day end of submission line for participation in
An electronic reversal auction procedure.
The announcement can make additional information defined by:
The customer.
The electronic reversal of the auction should be
Include the following information:
(1) Requirements for the content and composition of the application for the
an electronic reverse auction and an instruction on its
The puzzle;
2) the size of the purchase requisition fee for
An electronic reversal auction procedure;
3) day end of submission line for participation in
An electronic reversal auction procedure;
4) Qualifying criteria to participants according to
article 16 of this Act, requirements established by Article 17 of this
Law, and information on the manner of documentary confirmation
participation of participants in established criteria and requirements under
Legislation;
(5) order of the formation of the contract price (lot) with respect to or
Excluding costs of transportation, insurance, payment of customs
(...) (...)
6) initial (maximum) contract price (lot); initial
(maximum) price of the unit of service and/or work, if ordered
during the procurement time cannot determine the required volume
Services and/or works;
7) information on the currency used to form
Price of contract
8) information on language (languages), which (which) should be
Participants ' applications;
9) size, appearance, provision, return conditions and
Non-reassurance of the implementation of the procurement contract;
10) information on the necessary technical, qualitative and quantitative
characteristics of the procurement subject, including the appropriate
technical specification (in case of needs-plans, drawings, drawings)
(e) Description of the subject matter. With this technical specification
must contain: a detailed description of goods, works and services
Purchased, including their technical and qualitative characteristics;
the requirements for the technical and functional characteristics of the subject
procurement, if the description of the puzzle is not possible or if any
Assign to the following indicators; reference to standard characteristics,
requirements, conditional notation and terminology related to goods,
robots and services purchased are predicted to exist.
international or national standards, norms and regulations.
Technical specification should not contain links to
a specific trade mark or firm, patent, design or type
the subject of a purchase, source of its origin or manufacturer. In case
if such a link is necessary, the specification must contain
"or equivalent". Technical, qualitative characteristics
The procurement subject must anticipate the need to apply
Environmental protection measures;
11) the number of the goods and place of its delivery;
12) a place where robots or services should be fulfilled,
Their volumes;
13) lines of delivery of goods, performing work, providing services;
(14) The procurement contract;
15) description of a separate part or part of the procurement subject
(lot) where participants can be submitted, in case of
the definition of a lot.
The initial (maximum) price of the contract contained in
The documentation of an electronic reversal auction shall not be
Exceed the expected cost of the procurement item.
Bid support size cannot exceed 1 percent.
the original (maximum) contract price in case of procurement of works and
5 percent-in case of purchase of goods or services by procedure
electronic reverse auction.
2. Announcement of procurement by procedure
electronic reverse auction and electronic data documentation
The reverse auction should be available for familiarity
any person on a free basis throughout the procedure
electronic reverse auction. After the procedure is complete
electronic reverse auction of electronic data documentation
The reverse auction and information about its results must be
to be available to identify any person on the abyss
based on the Commissioner ' s Web portal for three years with
the end of the procedure.
3. Stroke for submission to procurement
An electronic reversal auction procedure should not be
less than 10 working days, and in case the initial (maximum)
the price of the contract (lot), defined by the documentation of the electronic
The reverse auction exceeds 20 million hryvnia, not less.
as 15 working days from the day placement of the announcement and documentation
an electronic reversal auction on the Commissioner ' s Web portal
Organ.
4. Message of changes to the documentation
an electronic reversal of the auction according to part two
article 39-7 is placed by the customer on the Commissioner's Web portal
on the day of the decision to make such changes.
5. Message on the continuation of the submission line
according to part of the sixth article 39-8 is placed by the customer
on the Web portal of the Authorized Body on the day of decision
A continuation of this line
6. The speaker is obliged to cancel the procedure of electronic
Reverse auction in the case of:
1) the lack of further need for the procurement of which
The posted declaration;
2) the impossibility of eliminating consequences arising from discovered
violation of state procurement legislation during the
Procurement through an electronic reversal procedure
The auction and the impossibility of the procedure;
3) detection of the fact of the conspiracy of participants who applied for
Participation in the auction;
4) if the exercise has become impossible due to procurement
Unstoppable force;
5) if after the submission line of the application for participation
An electronic reversal of the filed auction
There is only one application or no application submitted.
The electronic reverse auction procedure is also subject to the following:
mandatory download if the electronic pad operator is
Excluded from the register of the electronic site operators
provided by paragraphs 2 and 3 of the third article 39-4 of this
The law.
Electronic Procedure Cancellation Message
a reversal of the auction with the reason for the cancellation
is placed by the customer on the authorized body of the authorized body in
The day of the decision to be made.
In case of cancellation of an electronic reversal procedure
The auction operator of the electronic course stops
according to part of the third article 39-8 block of funds for
the accounts of the participants, except the case specified in part three
in this article, during the working day, the following day
the order of the cancellation of an email procedure
The reverse auction.
Article 39-7. Provide requests and explanations for documentation
electronic reverse auction
changes to it
1. Any applicant shall be entitled not later as three working days
days before the submission string is sent to the address
of an electronic site where the procedure is planned
electronic reverse auction, request in the form of electronic
to provide information about the documentation of the electronic
Reverse auction (total number of requests from one
One purchase should not exceed three.)
An electronic course operator for one hour after
receiving request from applicant to send an email to the customer
a document with a copy of the query in the form that excludes the possibility
Identification of the applicant. Customer per line not required
exceed two working days from receiving the request from
Electronic site operator, required to be placed on
Authorized body web portal
Documentation. There should be no clarification of the provisions of the documentation
to change the essence of these provisions.
2. During the line set in the announcement of the
purchase procedures for submission of applications, the customer has the right to
your initiative or by the results of the requests to make changes to
of the electronic reversal of the documentation, continuing the lines
Submission of applications in such a way as the day of making such changes to the day
the end of the purchase requisition line for the purchase
An electronic reverse auction procedure is no less than
as five working days, and in case the initial (maximum) price
the contract (lot), defined by the documentation of an electronic reversal
The auction, exceeding 20 million hryvnias, is not less than 10 workers
Days.
3. Customer decision making changes to documentation
an electronic reverse auction is published according to
Article 39-6 of this Act.
Article 39-8. Order of submission
1. To participate in the procurement process of electronic
The reverse auction of the applicant, registered in electronic
the set on which the procedures are scheduled to be sent
The application of this electronic site operator. On account of this.
The applicant, in accordance with part of the sixth article 39-5
this law, there should be enough funds for which it was not
previously unblocked funds according to part three
this article, to provide applications if the requirement is to be provided
application is determined by the customer, according to
parts of the first article 39-6 of this Act, and payment of the reward
An electronic pad operator whose size is defined
according to part of the fourth article 39-2 of this Act.
In one electronic reverse auction procedure each
The participant has the right to submit only one application for each subject.
auction (lot).
Granting the application means the consent of the applicant to raise funds from
its account, open according to the part of the sixth article 39-5
of this Act, in cases stipulated by this section.
2. Application for participation in the procurement procedure
The reverse auction shall contain the following information:
1) naming, information on the organisational and legal form,
location, postal address, email address
Contender;
2) documents confirming the execution of the requirements contained
in the documentation of the electronic reverse auction, according to
Part of the first article 39-6 of this Act, to the participants;
3) documents confirming the correspondence of goods, works
and services to the requirements established by the legislation of Ukraine, if
the requirements for providing such documents are contained in the documentation
An electronic reversal auction;
4) if the purchase item is a commodity:
(a) The contract of the participant purchase order for the delivery of the goods in
if the procurement participant offers to supply the goods,
the value of the trademark contained in the documentation
electronic reverse auction or trademark
(its verbal notation) a commodity offered for supply,
and the specific indicators of this commodity matching the value of
the equivalence set by the electronic
A reverse auction if a shopping participant offers for
supply of goods, which is equivalent to the commodity specified in
The documentation of an electronic reversal auction, provided if
a trademark reference is contained in the documentation of the electronic
a reversal of the auction, as well as the requirement for a reference
to the trademark in the application for participation in the electronic
Reverse auction;
(b) specific benchmarks
installed by an electronic reverse auction, and
the value of the trademark (its verbal notation) is a commodity that
is offered for supply, according to a lack of documentation
An electronic reverse auction of reference to a trademark;
5) consent of the attendee to the fulfillment of the work, the provision of
services on the conditions provided by the electronic
The reverse auction, provided if the subject of the procurement is
Performing work, providing services;
6) in case of a procurement subject to perform work,
services, for performing and providing the following goods:
(a) the consent provided by paragraph 5 of this part, which
including consent to the use of the commodity, the value of the
the mark of which is contained in the documentation of the electronic reversal
the auction, or the consent provided by paragraph 5 of this part,
the value of the trademark (its verbal notation) is a commodity that
is offered for use, and specific indicators of this commodity,
that correspond to the equivalence value set to
the electronic reversal documentation if the participant
The procurement offers for the use of a product equivalent to
the product specified in the documentation of the electronic reversal
auction, provided if a trademark reference is contained in the
The documentation of an electronic reversal auction, as well as requirements
concerning the need for reference to the trademark in the application for participation in
An electronic reversal auction procedure.