On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Regarding Additional Guarantees Of Protection Of The Financial Interests Of The State

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо додаткових гарантій захисту фінансових інтересів держави

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/2664-15

                                                          
With a k o n u r as th n and on amendments to certain legislative acts of Ukraine regarding additional guarantees of protection of the financial interests of the State (Supreme Council of Ukraine (BD), 2005, N 31, art. 420) {amended according to the law N 77-VIII (79-19) from 28.12.2014, VVR, 2015, N 11, 75} in order to protect the financial interests of the State, strengthening control over the waste of public funds, the Verkhovna Rada of Ukraine n o s t a n o in l I is : I. Make changes to the following acts: 1. The law of Ukraine "on procurement of goods, works and services for public funds" (1490-14) (Supreme Council of Ukraine, 2000, N 20, art. 148; 2003, N 14, art. 98; 2004, N 5, St. 27, N 8, art. 67, N 13, art. 181; 2005, N 4, St. 103, N 5, St. 110, N 11, art. 198): 1) preamble to the following wording: "this law establishes the legal and economic principles of the implementation of the procedures for procurement of goods, works and services for public funds.
The purpose of this Act is to create a competitive environment in the field of public procurement, ensuring transparency of the procedures of procurement of goods, works and services for public funds and achieve optimal and rational use;
2) in article 1: the second paragraph add the words "except the exercise of purchasing goods on the basis of interagency coordination";
in the third paragraph, the words "as well as the institution or organization to replace the words" as well as the enterprise, institution or organization;
the fourth paragraph add the words "except the exercise of purchasing goods on the basis of interagency coordination";
fifth paragraph: after the words "social security" Supplement "means the compulsory State social insurance, unemployment insurance, social insurance in connection with temporary disability and costs caused by birth and burial, the funds provided for by the law of Ukraine" on mandatory State social insurance against accidents in production and professional disease, which resulted in the loss of working capacity (1105-14);
the words "to ensure the activities of these bodies" to exclude;
in the eighth paragraph of the words "the construction" replace the words "the works";
ninth paragraph add the words "as well as consulting services, which include services related to the assessment, examination, and, preparation of conclusions and recommendations";
the eleventh paragraph spell out in this Edition: "tender Committee-a group of specialists of the customer assigned to the responsible for the implementation of the procurement procedures in accordance with the provisions of this Act";
thirteenth paragraph after the words "is different from" add the word "main";
fourteenth paragraph after the words "acceptance of the tender offer," add the words "which recognized the results of the assessment;
paragraphs 18th and 19th lay in the following wording: "the tender offer (hereinafter-the tenderne software)-participant of the customer guarantees to ensure performance of the obligations arising in connection with the submission of the tender proposals, including ways to ensure as bank guarantees, letters of credit, back checks, according to which the primary obligation carries any bank deposits, bills, warranties and other types of software by the customer in accordance with the law;
ensure the execution of the contract on purchase-a member of the customer guarantees the performance of the requirements of the agreement on procurement, including ways of ensuring, as bank guarantee to back letters of credit, checks, according to which the primary obligation carries any bank deposits, bills, warranties and other kinds of performance of the contract by the customer in accordance with the law ";
twenty-third paragraph after the words "on the Internet", add the words "in the on-line";
supplement paragraphs twenty-fourth, twenty-eighth the following contents: General customer-organ of State power, public institution, organization or enterprise, which are defined by the Cabinet of Ministers of Ukraine responsible for organizing and carrying out the procurement procedure on the basis of interagency coordination in the interests of customers and carry out their functions under this Act;
procurement on the basis of interagency coordination-implementation of purchase with the use of general mechanism of interaction of the customer and the customer in the manner prescribed by this law;
qualifying documentation-documentation prepared by the customer and is sent to the participants to prepare them qualifying offers during the previous qualifications of participants;
qualifying offer-an offer which is prepared and served by the participant to the customer according to the requirements of documentation;
the period of validity of the tender (price) offers-installed by customer in the solicitation documentation (request for quote) term, which acts to conclusion of the contract of purchase, during which the participant has the right to change its tender (price) requests (except for price changes during the procedure of reduction);
3) in article 2: in part 1 of the words and figures "an amount equivalent to 5 thousand euros and works-20 thousand euros" replace numerals and words "30 thousand, and works-300 UAH;
part of the second lay in the following wording: "2. the procurement of goods, works and services related to the aftermath of emergency situations, the performance of the State Defence order and purchase other specially defined by the Cabinet of Ministers of Ukraine or by the law of goods, works and services performed under this Act with regard to features defined by individual legislative acts of Ukraine";
Supplement parts of the fourth and fifth such content: "4. Prohibited agreements, which provide for the spending of public funds and/or payment of public money for goods, works and services before/without the procedures stipulated by this law, except in cases determined by this article.
5. Purchase procedures established by this law are applicable to the procurement of goods, works and services by the State (official) enterprises and economic societies in which the State's share of the shares exceeds 50 percent, taking into account the characteristics and in the manner determined by the Cabinet of Ministers of Ukraine ";
4) supplemented by article 2-1 of this content: "article 2-1. The principles of public procurement 1. Government purchases are made on the basis of the following principles: maximum economy and efficiency;
conscientious competition among participants;
openness and transparency at all stages of public procurement;
non-discrimination of participants;
an objective and unbiased evaluation of tender offers;
5) supplemented article 2-2 of the following contents: "article 2-2. Stages of public procurement and planning 1. Stages of public procurement are: 1) the approval of the budget (program, a plan to use public funds);
2) approval of the annual plan of public procurement;
3) election and the procedures of procurement on the basis of the approved budget (program, a plan to use public funds) and the annual plan of public procurement;
4) winner purchase procedures;
5) concluding agreements on procurement;
6) reporting on the results of the implementation of procurement procedures;
7) performance agreements of purchase;
8) control over the execution of contracts on the purchase.
2. Procurement are carried out in accordance with the annual plan, which is approved by the customer not later than in a month after approval of the budget (program, a plan to use public funds). A copy of the annual plan is sent to the competent authority in cases and in the manner determined by this body. Annual procurement plan is promulgated by placing at least one information system in the Internet within 15 calendar days from the date of its approval;
6) in article 3: first part of lay in the following wording: "1. The functions of the specifically authorized central body of the Executive power on the coordination of procurement of goods, works and services (hereinafter referred to as the authorized body) are the central body of the Executive power, which is the main (leading) the body in the system of central executive bodies in ensuring the implementation of the unified State policy of economic and social development of Ukraine";
in part the second: in the fifth paragraph the words "carried out in the manner established by the competent authority" to replace the words "in cases and in the manner stipulated by this law;
in paragraph 6, the word "quarterly" replace the word "semi-annual";
seventh paragraph add the words "in cases and in the manner stipulated by this law;
After paragraph 10 Add a new paragraph following contents: "inspections regarding compliance with public funds administered by the requirements of the legislation in the field of public procurement in accordance with this law."
In this regard, paragraphs 11-16th considered in accordance with paragraphs twelfth-17;
paragraph twelve lay in the following wording: "submitting materials to law enforcement authorities in cases stipulated by this law;
supplement paragraphs eighteenth and's view the following contents: Cabinet of Ministers proposals for the definition of a general customer;
conduct in the manner established by the competent authority, the list of information systems in the Internet, which meet the requirements of this Act ";
part of the third paragraph add following text: "the shape of the annual plan of purchases with public funds;
the form of the registry received tender offers;
procedure for consideration of complaints by the competent authority;
procedure for conducting audits (audit) concerning compliance by public funds requirements of the legislation in the field of public procurement and interaction with law enforcement ";
7) article 4-1 of the first paragraph: the first paragraph add the following new text: "annual plans of public procurement".
In this regard, paragraphs second-fifth considered in accordance with paragraphs third-sixth;
After paragraph the third paragraph add the following new text: "Protocol disclosure tender (price) offerings.
In this regard, paragraphs fourth-sixth considered in accordance with paragraphs fifth-seventh;
Add a paragraph the eighth such content: information on government procurement, provided in this law, is placed consistently at least one of the information systems in the Internet in accordance with the technical regulations and in the manner prescribed by information systems. The selected customer information system in the Internet should be placed all without exception documents on public procurement under this article;
in part the second: the words "registered in accordance with the requirements of the current legislation in the field of intellectual property to exclude;
Add the words "and meets the other requirements of this Act";
part of the fourth supplement "in the manner prescribed by information systems";
in the seventh sentence confirmation of the conformity of the information system in the Internet with the requirements of part two of this article is an excerpt from the register in accordance with the laws of Ukraine "on protection of rights to inventions and utility models" (3759-12), "on copyright and related rights" (3792-12), civil code of Ukraine (435-15) and a document confirming the legitimacy of the use of such objects of intellectual property rights "exclude.
8) to supplement article 4-2 of this content: "article 4-2. Requirements for information systems in the Internet to ensure the protection of Government information, electronic public procurement and to ensure compliance of this law 1. Information system in the Internet in part providing protection of State information, electronic public procurement and to ensure compliance with this law must: have technical regulations-a document that defines the functioning of systems and requirements for work in this system;
support multi-languages including English and;
have built a complex system of protection of information;
use means of technical protection of information that have expert opinion Department for special telecommunication systems and information protection of security service of Ukraine;
have a certificate of conformity of the integrated system of information protection of the Department of special telecommunication systems and information protection of security service of Ukraine;
function set of the second article 4-1 of this law;
to provide the possibility of electronic public procurement in the on-line according to the requirements specified in this Act, with the use of industrially suitable technological solutions that are built on the processes (methods) of data conversion when email alerting, posting and periodic updating of documents, convert data when displaying electronic document circulation; automated public procurements.
2. List of information systems in the Internet leads the authorized body in it. The procedure for keeping a list of the information systems in the Internet must not contradict this law. The following list of prohibited the inclusion of information systems on the Internet that do not meet the requirements of this law, as well as the non-inclusion of information systems in the Internet, which meet the requirements of this law.
3. Neoprilûdnennâ customer information concerning public procurements, pursuant to this Act, the information system on the Internet that meets the requirements specified in this law may contested the procedure set forth in article 37 of this law, or a court order and a reason for the cancellation of trades;
9) article 5 is put in the following: "article 5. Non-discrimination the participants 1. Domestic and foreign participants take part in the procedure of purchase on equal terms in accordance with the provisions of this Law, except in cases where the provisions of article 6 of this law.
2. Customers to ensure the equal access of participants to information on procurement;
10) article 6 to lay out in the following wording: "article 6. The terms of protection of domestic market of 1. The customer prefers the tender proposals, submitted to the domestic producer, by application of the preferencìjnoï amendments to its prices, provided that the estimated value of the subject procurement does not exceed an amount equivalent to-200 thousand euros;
for services-300 thousand euros;
for Works-4 millions euros.
The size of the preferencìjnoï amendment shall be 10 percent of the price of the tender offer.
2. the customer prefers the tender proposals, presented by the enterprises of public organizations of the disabled, enterprises, where the number of persons with disabilities who have there main place of work is not less than 50 per cent of the population and specialized staff account structure for the year regardless of the amount of the expected cost of purchase, and the Criminal-Executive system, regardless of the amount of the expected cost of the purchase, if these enterprises are manufacturers of goods, works and services procured.
In these cases, the size of the preferencìjnoï amendments should be 15 percent of the price of the tender offer, even in terms of participation in the procurement procedure, only domestic producers.
3. In the case of procurement of goods, works and services, which are approved by the Cabinet of Ministers of Ukraine of the list of goods and services are purchased from companies that preferred the work of persons with disabilities, the stewards of public funds are invited to the bidding exclusively enterprises of public organizations of the disabled, enterprises, where the number of persons with disabilities who have there main place of work is not less than 50 per cent of the population and specialized staff account is part of a year, and if these are goods manufacturers , works and services that are purchased.
4. In case the subject of the procurement of services or works that are carried out on the territory of Ukraine, the customer has the right to demand from a foreign party which participates in the procedure shall perform these services or works with the use of domestic raw materials, materials and manpower.
5. In case the subject procurement is agricultural products of domestic production, participation in tenders may participate solely domestic agricultural producers;
11) article 7, put in the following wording: article 7. Disapproving the action participants 1. The customer is obliged to ensure the creation of conditions for the holding of transparent public procurement and disclosure of information in the manner prescribed by this law.
2. the customer is obliged to reject a tender or a qualifying offer if he has undeniable proof that the party offers, gives or agrees to give any business person the customer, another government body remuneration in any form (offer of hiring for work, a valuable thing, etc.) in order to influence the decision to determine the winner of the procedure of purchase or use by the customer of a certain type of purchase procedures.
3. the customer is obliged to reject a tender or a qualifying offer if he has undeniable evidence that: an individual who is a member, was convicted for a crime placed during the purchase procedures, or that crime, perfect with a self-serving motives, a criminal record which is not removed or is not repaid in the prescribed manner;
official party that appointed him responsible for implementation of the procedures for procurement, was sentenced for a crime related to the violation of the procedure of purchase, or other crime, perfect with a self-serving motives, a criminal record which is not removed or is not repaid in the prescribed manner.
4. information about the rejection of the tender or of the proposals and the reasons for the deviation is filed by the customer in a report about the results of carrying out purchase procedures and within seven calendar days of being reported to the participant who made a disapproving
the actions provided for in this article.
5. the customer is obliged to announce the date of disclosure of tenders or qualification proposals: the local Council of the appropriate level, if the procurement is carried out by means of local budgets;
Verkhovna Rada of Autonomous Republic of Crimea, if the purchase is made at the expense of budget of Autonomous Republic of Crimea;
Verkhovna Rada of Ukraine, if the procurement is carried out by other public funds ";
12) article 8: first part of after "Bulletin of public procurement" add the words "newsletter that publishes Tender Chamber of Ukraine";
in part the second: after the words "public procurement Gazette" add the words "or in a newsletter that publishes Tender Chamber of Ukraine";
Add second paragraph the following text: "If the customer in the ad about the planned purchase (pre-qualification) or in the ad about the results of carried out purchase procedures not specified or specified the wrong code assigned by the information system in the Internet, this ad is considered to be neoprilûdnenim";
part of the third supplement paragraph the fifth such content: "the euro is fixed according to the official rate of the National Bank of Ukraine on the day of departure for the publication of the announcement of bidding or on the day of sending invitations to participate in the bid-in case of application of trades with limited participation";
Add a new part 4 of the following contents: "4. the wording of the information-analytical bulletin" Bulletin of public procurement "and newsletter that publishes Tender Chamber of Ukraine, in making announcements about planned purchase (ads about previous qualification) and ads on the results of bidding are eligible in accordance check editions of those publications, the fulfillment of the customers requirements regarding information in information systems in the Internet (availability verification of conformity of the information system in the Internet requirements established by this law, and the availability and compliance with the code indicated in the ad code, which is assigned by the information system in the Internet).
In the case of non-fulfillment or violation of the customers requirements regarding information in information systems in the Internet Edition of the information-analytical bulletin "Bulletin of public procurement" and newsletter that publishes Tender Chamber of Ukraine have the right not to accept ads for the publication.
Neoprilûdnennâ provided by the law on public procurements in information systems in the Internet is grounds for cancellation of trades. According to the indication in the documents concerning the implementation of the public procurement stipulated in this law, knowingly false information about the disclosure of information in information systems in the Internet business person the customer shall bear responsibility, established by the legislation;
13) article 9 supplement part of the third such "3. In case the customer electronic public procurement information and messages occurs with the use of electronic documents and electronic signatures in on-line";
14) article 11 is deleted;
15) article 12 lay in the following wording: article 12. Tender committees 1. Tender Committee created for the Organization and conduct of the procedures of purchasing goods, works and services for public funds on the basis of collegiality in decision-making, lack of conflict of interest of members of the tender Committee and their impartiality.
2. The composition of the tender Committee, the provisions of the tender Committee shall be approved by the decision of the customer. The composition of the tender Committee of the customer may not include officials, representatives of the participants, their close relatives, the officials associations of enterprises, their representatives and close relatives.
3. The members of the tender Committee are representatives of the customer in an amount of not less than 5 persons.
4. Guide the work of the tender Committee carries out its Chairman, who is appointed by the decision, in the form of the respective administrative act and is official, has the right to sign contracts on the purchase. Chairman of the tender Committee organizes his work and carries the personal responsibility for the execution of the tasks assigned to the Committee.
Chairman of the tender Committee appoints the Deputy (deputies) of the head, the responsible Secretary and determines the function of each Member of the tender Committee.
5. decisions on matters considered at the meetings of the tender Committee accepted by a simple majority of the votes in the presence of not less than two-thirds of the members of the tender Committee. In the case of equal distribution of votes, the vote of the Chairman of the Committee is a uhval′nim.
6. the decision of the Committee is issued the Protocol signed by all members of the tender Committee taking part in the vote.
7. The members of the tender Committee within six months from the date of entry into the tender Committee should get appropriate certificates or certificates of the established sample about training or advanced training on organization and implementation of procurement procedures in the manner established by the competent authority. Repeated training or training is carried out at least once every two years.
8. Experts, lawyers, economists, consultants, and other physical or legal entities, that may be the work of tender committees on a contractual basis in accordance with the law, and notaries, which certify the purchase agreements (in the case of notarial purchase contracts at the request of the customer) may not be members of the tender Committee and are not responsible for the decision, action or inaction of the tender Committee and officers of the customer Member, or other persons and for implementation of (non-performance) agreements on procurement, concluded on the basis of the decision of the tender Committee of the customer, and for the consequences caused by such decisions, actions or inaction.
9. The order of creation and the main functions of tender committees are determined by the decision of the authorized body;
16) article 13 to supplement paragraph seventh such content: "trades with the decrease of price (reduction);
17) in article 14: first part of lay in the following wording: "1. The basic procedures of public procurements is bidding with the decrease of price (reduction), and open the bidding;
in part the second: in the first paragraph, the word "equals or exceeds the amount of the equivalent of 100 thousand euros" to replace the words "exceeds 500 thousand hryvnia", after the word "procedure" add the words "or appropriate conclusion regarding the election of the customer purchase procedures in accordance with chapter II-1 of this Act;
second paragraph after the word "procedure" add the words "or appropriate conclusion regarding the election of the customer purchase procedures in accordance with chapter II-1 of this Act, the word" equals or exceeds an amount equivalent to 5 thousand euro for goods and services and 20 thousand euros for "replace the words" exceeds 30 thousand for goods and services and 300 thousand UAH for works ";
the third paragraph is deleted;
Add the following paragraph: "the responsibility for the application of these procedures, the procurement shall be customer";
18) to supplement article 14-1 of the following contents: "article 14-1. Procurement of goods on the basis of interagency coordination 1. The Cabinet of Ministers of Ukraine approved by the list of goods which are purchased under the interagency procedure of its implementation and the General customer. If the plans of two or more main Trustees of funds of the State budget of Ukraine is supposed to purchase one of the products that are purchased under the interagency, totaling more than 700 thousand UAH, the authorized body gives the Cabinet of Ministers proposals for the definition of the General customer.
2. General customer: carries out purchase procedures of the respective goods in accordance with the law and determines the participants – winners of the purchase procedures;
informs all concerned the main Trustees of funds of the State budget of Ukraine on the results of the procurement procedure.
3. The main stewards conclude treaties purchasing goods with the participants articulated a general customer winners results made him the procurement procedures, except in cases when the product does not meet the requirements of the Chief Manager of the funds of the State budget of Ukraine for its technical characteristics, quality, terms of delivery, prices, etc. In this case, the Chief steward has the right to cancel the contract of purchase, poìnformuvavši about general customer and independently to carry out the procedure of purchasing such goods.
4. General customer after receiving from customers messages about the acceptance of tender offers and contract conclusion or refuse acceptance of tender offers gives the Commissioner the authority and all interested customers to report on the results of the implementation of procurement procedures, indicating therein all the clients ";
paragraph 19) the seventh part of the first and part of the fourth article 15 excluded;
20) article 16 is deleted;
21) article 17: in part 1 of the third paragraph: the words "application for participation in the previous
the qualifications of the participants of the "replace the words ' qualifying offer;
seventh paragraph after the words "public procurement Gazette" add the words "or in a newsletter that publishes Tender Chamber of Ukraine";
in the ninth paragraph the words "the conditions of the implementation of the previous qualification of participants of the" replace the word "qualification";
Add a second part following contents: "2. the report on the results of the procurement procedure (except information containing State secret) within 10 calendar days from the date of its approval is to be promulgated by the customer in the information system on the Internet";
22) supplement section II-1 of this content: "Chapter II-1 of the PUBLIC CONTROL of public procurement Article 17-1. Public participation in the formulation and implementation of State policy in the sphere of public procurement 1. Citizens, community organizations, their unions involved in the formation and realization of State policy in the sphere of public procurement through: participation in the development, discussion of projects of legislative and other regulatory legal acts in the field of public procurement;
providing free public access to information on the expenditure of public funds for the purchase of goods, works and services;
ensure transparency, openness, and transparency in the activities of the Cabinet of Ministers of Ukraine, of the authorized body, authorize public money in public procurement;
consultation with the public, taking into account the public opinion;
establishing regular dialogue between the Cabinet of Ministers of Ukraine, of the authorized body, authorize public money and the public;
the use of other forms stipulated by the current legislation of Ukraine.
2. The Cabinet of Ministers of Ukraine, the authorized body, the stewards of public funds are required to provide a proper response to citizens, civil society organizations and their unions.
3. Citizens, community organizations and their unions have no right to interfere in the determination of the customer of the winner of the bidding.
4. One of the forms of public participation in the formulation and implementation of State policy in the sphere of public procurement is the Tender Chamber of Ukraine.
Article 17-2. Legal status of the tender Chamber of Ukraine 1. Tender Chamber of Ukraine is a non-profit association of public organizations, acting in accordance with the current legislation of Ukraine. Tender Chamber of Ukraine conducts any business activities and has no right to provide any paid services, and operates solely for the purpose of performing the tasks before it, this Act and its Statute. The activity of the tender Chamber of Ukraine is transparent for the society.
2. Participate in the Solicitation of Ukraine is voluntary.
3. Tender Chamber is a legal person, has its own seal, blank, accounts in banking institutions.
4. Location and place of activity of the tender Chamber of Ukraine is Kiev.
Article 17-3. Goals and objectives of the tender Chamber of Ukraine 1. Tender Chamber of Ukraine functions in order to facilitate: development of public procurement system in Ukraine, transparency in government procurement, efficiency and rationality of spending public funds, providing information and methodical support of public procurement, competition on the market for public procurement, formation of the modern infrastructure of public procurement, the raising of professional qualification level of specialists on issues of government procurement, implement public control. Tender Chamber of Ukraine is independent in its activities.
2. Tender Chamber of Ukraine free of charge: developing teaching materials on the Organization and conduct of the stewards of public funds bidding (tenders);
provides suggestions for improving the regulatory legal acts in the field of public procurement;
organizes conferences and "round tables", seminars on public procurement;
provides a Complaints Committee to consider complaints at the Solicitation of Ukraine in the manner prescribed by this law;
in the case of receipt of a request from a customer, a member of the authorized body, regulatory authorities, other public bodies, citizens, public organizations or individually, in the procedure of public control, provides the appropriate conclusions regarding compliance with public procurement procedures, and the election of the customers purchasing procedures in accordance with this law and in cases stipulated by this law;
in the case of receipt of a request from the Supreme Council of Ukraine, people's deputies of Ukraine, the Verkhovna Rada committees, temporary investigative commissions of the Supreme Council of Ukraine, the Cabinet of Ministers of Ukraine, of the authorized body, regulatory authorities and other State bodies, authorized to control functions, members, citizens, public organizations or in the procedure of public control provides an opinion on the effectiveness of the use of the customers of public funds at all stages of procurement;
carrying out legal, economic research in the field of public procurement;
provides conclusions on public procurement;
analyze markets and prices of goods, works and services in the field of public procurement;
carries out other activities under its Statute.
3. Customers, participants purchase procedures, authorized body turn to Tender Chamber of Ukraine exclusively on a voluntary basis.
4. The conclusion of the tender Chamber of Ukraine is available also in the implementation of the relevant law enforcement and other State authorities checks the legality of public procurements according to their appeals, hearings by the Court in other cases stipulated by current legislation of Ukraine.
5. The conclusion of the tender Chamber of Ukraine provided within 30 calendar days from the date of receipt of the relevant request in accordance with the Tender Chamber of Ukraine.
6. Customers and participants, which applies to such a conclusion, provide copies of the relevant Tender documents of Ukraine, except for those that contain a guarded secret by law.
7. Responsibility for the completeness and reliability of the provided documents and materials for training and the provision of Gender and industry relevant conclusions rely on side, which provided the following documents and materials.
8. If during the review and analysis of documents and materials concerning public procurements of violations of legislation in the field of public procurement, violations during the appropriate inspections by regulatory authorities, as well as in the case of the Commission pressure on members or employees of the tender Chamber of Ukraine on the part of any physical or legal persons Tender Chamber of Ukraine has the right: to send information to the relevant authorities for taking them appropriate measures;
inform the local Council the appropriate level, the Verkhovna Rada of Autonomous Republic of Crimea, the Verkhovna Rada of Ukraine, the committees of the Verkhovna Rada of Ukraine, the Cabinet of Ministers, the authority and the public;
publish prepared conclusions regarding diagnosed disorders or other information media, to conduct a public hearing on these issues.
9. Tender Chamber of Ukraine free promotes: the attraction of the community in the field of public procurement;
consideration of public opinion in carrying out the State policy in the field of public procurement;
conducting public public debate on the spending of public funds for the purchase of goods, works and services;
processing the results of consultations with the public of proposals and comments on the development and implementation of State policy in the field of public procurement.
10. Tender Chamber of Ukraine acts as the founder of the newsletter and other media.
11. Tender Chamber of Ukraine free provides the Verkhovna Rada of Ukraine, people's deputies of Ukraine, committees of the Verkhovna Rada ad hoc investigative Commission of the Verkhovna Rada of Ukraine, the Cabinet of Ministers and authority of the information-analytical materials concerning public procurement, if necessary, provides relevant findings and materials.
12. the activities of the tender Chamber of Ukraine, as well as the results of such activity may be challenged in court under the Act.
Article 17-4. Governing and controlling bodies 1. Governing bodies of the tender Chamber of Ukraine is its Congress and Board of Directors.
2. Controlling Authority Tender Chamber of Ukraine is its auditing Committee.
3. The powers of the governing and controlling bodies of the tender Chamber of Ukraine are determined by the Charter of the Tender Chamber of Ukraine and this Statute.
Article 17-5. The Supervisory Board and State supervision over the activities of the tender Chamber of Ukraine 1. The composition of the Supervisory Board of the tender Chamber of Ukraine includes three representatives from the authorized body and a representative from the Ministry of finance, the Ministry of Justice of Ukraine, the main control and Inspection Department, the management of the Accounting Chamber of Ukraine, Antimonopoly Committee of Ukraine, State Treasury of Ukraine, as well as three national deputies of Ukraine by the Verkhovna Rada profile Committee to subject competence belongs to the law on the activities of the Chamber, the State Treasury of Ukraine , State
control and revision service. Tender Chamber of Ukraine by its decision can enter into the composition of the Supervisory Board of other persons.
2. The Chairman of the Supervisory Board is representative of the authorized body.
3. All members of the Supervisory Board of the ex officio members of the Committee for the consideration of complaints at the Solicitation of Ukraine.
4. the members of the Supervisory Board may not be members of the Board of the tender Chamber of Ukraine.
5. the members of the Supervisory Board performed its functions on a voluntary basis.
6. the Supervisory Board is an advisory body.
7. the Supervisory Board: gives recommendations and proposals of the Board of the Tender Chamber of Ukraine to ensure the effective work of the tender Chamber of Ukraine;
approves its decision to schedule the Supervisory Board;
If necessary, require the convening of the Congress;
proposes amendments to the Charter of the tender Chamber of Ukraine;
carries out within its powers to oversee compliance with the Tender commerce requirements of this law;
participates in public debates and hearings;
promotes the implementation of a tender Chamber of Ukraine of its tasks and functions;
performs other functions provided for by the Charter of the Tender Chamber of Ukraine and this Statute.
8. the Supervisory Board acts solely within the authority of the Statute of the tender Chamber of Ukraine and this Statute.
The recommendations of the Board are required to account for Tender Chamber of Ukraine in the part that doesn't contradict the law ";
23) in part 1 of article 18: the numbers and the word "8 and 16 replace numbers and the word" 4-1 and 8;
"If you held the previous qualifications of the participants ' and the second sentence deleted;
24) to supplement article 18-1 following contents: "article 18-1. Previous qualification in carrying out trades with limited participation 1. Customer when conducting trades with limited participation has the right to make the pre-qualified participants.
2. information on the implementation of the previous qualifications of the participants is to be promulgated and published accounts in accordance with articles 4 and 8 of this law.
3. Declaration on the implementation of the previous qualification of participants required shall include: the name and address of the customer;
type, quantity and place of delivery of the goods, the type and location of works or kind and place of provision of services;
terms of delivery of goods, works, services;
ways and the place of receipt of the documentation and the fee (if such a fee is established);
place and term of presenting of qualifying proposals;
place and date of the disclosure of qualifying proposals;
the addresses of the selected customer information systems in the Internet and the codes assigned to the information systems on the Internet.
4. Qualifying documentation is provided (sent) to the participant within three working days from the date of its payment or from the date of receipt of the relevant request, if the fee has not been set.
The document for payment of documentation sent or given to the participant in a two-day period from the date of receipt of the relevant request from him. Qualifying documentation will include: instructions on the preparation and submission of proposals;
qualification requirements;
a brief summary of the criteria and procedures for assessing the conformity of qualification requirements;
information about documents required the participant to confirm compliance with the established qualifying requirements;
information about the required technical and quality characteristics of the subject procurement, including:-relevant technical specifications, plans, drawings, illustrations;
-quantity of the goods;
-the place where should be the work performed or services rendered;
-additional services to be provided;
-the terms of delivery of goods, works, services;
description of individual parts or the parts of the object of purchase (a lot) that can be bid in case the participants are allowed to submit a bid only in respect of part of the goods or services procured;
indication of the language (languages), which is (that) have to be folded qualifying offers;
specifying the manner and deadline filing qualifying proposals;
Summary of procedures for the provision of explanations concerning the qualification of the documentation, as well as notice of the customer's intention to hold the meeting of the parties;
specify the place, date and time of disclosure of qualifying proposals;
specify last name, position and address of one or more officers or other employees of the customer, authorized to link with the participants;
any other information which the contracting authority considers it necessary to include qualifying documents.
5. Technical specifications, plans, drawings, illustrations or descriptions of the subject procurement required by the customer, must contain: a detailed description of the goods, works, services that are purchased, outlining the objective technical and quality characteristics;
requirements regarding the technical characteristics of the functioning of the subject of purchase if description is impossible to fold or when more expedient is putting such indicators;
links to standard features, requirements, symbols and terminology related to the goods, works or services that are purchased, using the existing international or national standards, rules and regulations.
6. 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. In the case when such a link is necessary, the specification should contain the expression "or equivalent".
7. The qualifying proposals submitted without specifying the price.
Term of presenting of qualifying proposals must not be less than 15 calendar days. The customer carries out the selection of participants for further participation in trades with limited participation solely on the basis of their compliance with the conditions specified in the qualifying documentation within 14 calendar days from the date of disclosure of the qualifying proposals.
8. the customer shall within five calendar days after the completion of the pre-qualification participants notify each participant took part in it, about the results of its implementation.
9. To further participation in trades with limited participation are welcome only those participants who have passed the selection of the results of the implementation of previous qualifications. The term of submitting tender proposals after the previous qualifications of the participants shall be not less than 10 days;
25) in article 21: the first part of the supplement paragraph twenty-sixth such content: "any other information which the contracting authority considers it necessary to include in the tender documentation";
Supplement parts of the fourth and fifth such content: "4. in the tender documentation can be determined by the relationship between the customer and calculations, experts, consultants, members, information systems on the Internet in accordance with the civil legislation.
5. Tender documentation should not contain requirements that restrict competition and lead to the discrimination of the participants;
26) of the second article after "tender documentation", add the words "thus extending the period for presenting and disclosing of tender offers;
27) Article 23: in part 1, the word "should replace the words" has the right ";
in the second the words "one cent" replace the words "one cent" and the words "five percent", replace the words "no more than five percent;