GPA/LEGIS/UKR/4  
 
5 May 2020  
(20-3423) Page: 1/2 
Committee on Government Procurement  Original: English  
 
NOTIFICATION OF DOMESTIC LEGISLATION RELEVANT TO THE AGREEMENT ON 
GOVERNMENT PROCUREMENT  
NOTIFICATION FROM UK RAINE  
The following notification, dated 4 May 2020, is being circulated at the re quest of the Delegation 
of Ukraine . 
 
_______________  
 
NOTIFICATION OF THE LAW OF UKRAINE OF 19 OCTOBER 2019 N O. 114 - IX 
"ON AMENDMENTS TO THE  LAW OF UKRAINE "ON PUBLIC PROCUREMENT " AND SOME 
OTHER LEGISLATIVE  ACTS  OF UKRAINE ON  IMPROVEMENT  OF PUBLIC PROCUREME NT" 
Notifying Party  UKRAINE  
Legal Basis   ARTICLE XXII:5  OF THE REVISED GPA 
 ARTICLE XXIV:5( b) OF THE 1994  GPA 
 COMMITTEE 'S DECISION ON NOTIFICAT ION REQUIREMENTS UND ER 
ARTICLES XIX  AND XXII:5  OF THE REVISED GPA  (PARA. 1 OF GPA/113,  
ANNEX A OF APPENDIX 2, PP. 436-437)  
Title of the 
notified legal text  "On Amendments to the Law of Ukraine "On Public Procurements" and 
some other legislative acts of Ukraine on improvement of public 
procurement " 
Link to legal text  https://zakon.rada.gov.ua/laws/show/114 -20 
Notification 
status   First notification  (i.e. new domestic legislation)  
 Change, a mendment or revision to notified legal text  
 Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  GPA/138, GPA/LEGIS/ UKR/1; GPA/LEGIS/ UKR/2; GPA/LEGIS/ UKR/3 
Brief description of the notified legal text  
The Law No. 114-IX introduces the following changes in public procurement legislation:  
 
- a set of new specific definitions and respective notions, in particular, "abnormally low tender ", 
"affiliated undertakings ", "life-cycle cost ", "conflict of interests ", "technical specification "; 
- promotion of the use of e -procurement system "Prozorro " and greater competition as a source 
for transparent, efficient procurement even for low -value contracts - with a special regulatory 
model (simplified procurement) for contracts below the PP Law thresholds, but above UAH 50,000;  
- reformulated qualificati on criteria – specific conditions for consortia members and 
subcontracting, reintroduction of financial standing;  
- mandatory legal education for Head of AMCU Complaints Review Board, recognizing of personal 
data as confidential information, additional di ssuasive penalties as sanction in relation to utilities 
operator;  GPA/LEGIS/UKR/4  
 
- 2 - 
 
  - e-Catalogues for low -value contracts (Prozorro Market – public online store for common goods, 
administered by centralized purchasing organizations, with a simplified "few-click" procuremen t 
process);  
- a possibility to introduce correction of formal mistakes/non -compliances rule within 24 -hours;  
- removal of tender committees as organisers of procurement procedures on behalf procuring 
entity. The new PP Law 2019 envisages only authorised pr ocurement specialist(s) from January 
2022 perform procurement operations instead of current possible alternative in form of tender 
committees thus setting professional approach;  
- limitations to amend procurement contract and new rule to recognize contract  as void if it was 
concluded without procurement procedure when required by law;  
- personal liability of officials (heads of contracting authorities) for violation of the law (fines 
ranging from 2,000 to 10,000 tax -free income minimums (UAH 3,400 -170,000);  
- new anti -dumping tool: the e -procurement system will flag an abnormally low price and the 
supplier will have to justify it.  In cases where the supplier does not justify the low price, the 
contracting authority may reject it;  
- affords contracting autho rities an opportunity to consult with business at the stage of tender 
preparation in accordance with international practice;  
- establishes new and revised procurement procedure: a new restricted tender procedure and 
revised competitive dialogue and negotia ted procedure in accordance with EU standards;  
- establishes bids evaluation based on a life -cycle costs approach and price with other criteria.  
 
The Text of the Law is available at the website of the  Parliament of Ukraine  below:  
 
• https://zakon.rada.gov.ua/laws/show/114 -20 (in Ukrainian ); 
 
At the website of the Ministry for Development of Economy, Trade and Agriculture of Ukraine 
below:  
 
• https://www.me.gov .ua/Documents/MoreDetails?lang=uk -UA&id=274b77ed -ad89-446f-
83f5-7686f44827bd&title=UgodaSotProDerzhavniZakupivli -wtoGpa - (in English)   
Language(s) of 
notified legal text Ukrainian  and English  
Date of adoption  19 October 2019  
Entry into force  19 April 2020 
Other information        
Agency or 
authority 
responsible  The Ministry for Development of Economy, Trade and Agriculture of 
Ukraine   
 
Telephone:  +38-044-200-47-53 
Fax:            +38-044-253-63-71 
 
 
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