Conducting of negotiationprocedure, according to the Law of Ukraine “On public procurement” of 25.12.2015, № 922-VIII (hereinafter − the Law on public procurement), is to be applied in exceptional cases. The cases in which it should be applied are in the following.
The Law on public procurement does not require publication on the web portal of the Authorized Agency of the information on the application of the negotiation of the procurement procedure and justification of procurement.
However, there were concretized the basis for the negotiation procedure in para.4 of sec.2 of Art.35 of the Law on public procurement − scope of procurement, its technical and qualitative characteristics, as well as the requirements to the participants should not differ from the requirements specified by the customer in the tender documentation.
Also, it was clarified one of the conditions for the cancellation of the procurement procedure in the recognition of the period of non-signing the contract, namely:
- in the case of non-signing by the party to the procurement contract within the period of 35 days from the date of publication on the web portal of the Authorized Agency of the information on intention to conclude the contract;
- when the non-signing by the party to the procurement contract within the period of 20 days - in the case of application of the procurement procedure on the grounds determined by para.3 of sec.2 of Art.35 of the Law on public procurement or in the case of oil procurement, crude oil products, electric power, services for its transmission and distribution, centralized supply of thermal energy, centralized supply of thermal energy, centralized supply of hot water for centralized heating services, postal services, postage stamps and stamped envelopes, telecommunication services, including broadcasting radio and television, services on centralized water supply and/or wastewater disposal and services for rail transport of general use from the date of publication on the web portal of the Authorized Agency of the information on intention to conclude the contract according to the results of the application of the negotiation procedure of the procurement.
The customer should make public the following information on the web portal of the Authorized Agency during the negotiation procedure:
- notice of intention to conclude the contract − within one day after making the decision;
- the procurement contract should be published in the electronic system within two days from the date of signing;
- notice of making amendments to the contract − within three days from the date of amendment;
- report on the implementation of the contract − during three days from the date of expiry of the contract, its execution or termination.
