Ukraine. Drug sale in Ukraine: public procurement

Public procurement of goods, works and services purchased partially or completely for state funds, provided the purchase price of goods or services amounts to 100 thousands UAH (1 EUR = 10,8 UAH as of 01.10.2010) or more, and of works – 300 thousand UAH or more, shall be carried out pursuant to provisions of the Law of Ukraine «On Public Procurement» dd. 01.06.2010 #2289-IV. The public procurement is made according to the annual plan. The Law stipulates that national and foreign companies participate in public procurement on equal terms. The Ministry of Economy of Ukraine and other authorities within their powers control and regulate the sphere of the public procurement.

The ordering customer (administrator of state funds responsible for procurement according to the procedure established by the Law) shall publish under the procedure established by the Law the information on public procurement free of charge on the web-portal of the Ministry of Economy of Ukraine. Additionally, announcement of the public procurement, information of acceptance of the offer or quotation, information on decision of the Ministry of Economy of Ukraine on approval of or refusal in approval of the procurement procedure (in case of purchase procedure by one participant), announcement of results of the public procurement procedure shall be obligatorily published in the state official printed issue on public procurement. 

If expected value of the procurement exceeds amounts in equivalent of:

• for goods — 200 thousand EUR; 
• for services — 300 thousand EUR; 
• for works — 500 thousand EUR 

information on public procurement and results of the procedure shall be obligatorily published in international information issue on public procurement of the authorized body and on the web-portal in English.

For purposes of organization and conduction of public procurement the MHC of Ukraine with its Decree dd. 06.08.2010 #650 established the Tender committee of the MHC of Ukraine which pursuant to the legislation of Ukraine:

• makes annual plans for public procurement pursuant to the approved cost estimate, financial plan (assignation plan, budget (state) funds allocation plan); 
• makes and approves annual public procurement plans; 
• decides on public procurement procedure; 
• carries out public procurement, prior qualification of participants; 
• ensures equal conditions for all participants, objective and fair selection of the winner; 
• ensures drawing up, approval and storage of respective documents on public procurement as stipulated by the Law. 

The public procurement can be carried out with application of one of the following procedures: public tender, two-stage tender, quotation, prior qualification of participants or purchase by one participant.

In order to participate in public procurement procedure the participants shall comply with following qualification requirements:

• equipment and material as well as technical resources; 
• personnel with respective qualifications, knowledge and work experience; 
• experience in fulfillment of similar contracts confirmed with documents; 
• solvency (balance sheet, financial report, circulation report, information from the bank on lack of overdue credits).