WORLD TRADE  
ORGANIZATION  RESTRICTED 
GPA/ACC/UKR/2 
2 August 2011 
 (11-3940) 
Committee on Government Procurement Original:   English 
  
 
ACCESSION OF UKRAINE TO THE AGREEMENT ON  
GOVERNMENT PROCUREMENT 
Replies to the Checklist of Issues for Provision of Information Relating to  
Accession to the Agreement on Government Procurement 
 
Communication from Ukraine 
 
  The following communication, dated 28 July 2011, is being circulated at the request of the Delegation of Ukraine. 
 
_______________ 
 
 
I. LEGAL FRAMEWORK 
1. Is there a single central law on pr ocurement?  If so, please specify? 
 Legal relations in the sphere of state procurement are regulated by the Law of Ukraine On 
State Procurement (hereinafter referred to as "Law") adopted  on 1 June 2010 and put into effect on 
30 July 2010.  
2. What are the other laws, regulations, decrees,  administrative rulings, decisions, policy 
guidelines and other instruments governing government procurement?  Please provide a 
summary of the subject areas dealt with by each of these instruments.  Please also explain the 
main differences (if any) that exist between their application at the central and sub-central levels of government and at other types of entities. 
 The state procurement procedure is also regul ated by by-laws and regulations adopted to 
implement the Law.  The following Resolutions of the Cabinet of Ministers  are applicable in the 
sphere of state procurement: 
  (1) On Establishing the Payment Rates for Filing an Appeal according to Article 18 of 
the law of Ukraine "On State Procurement"  of 28 July 2010, No. 773; 
 
 (2) On Approval of the Procedure for Procurement from Single Bidder  of 28 July 2010, 
No. 668; 
  (3) On Recognizing Certain COM Resolutions as Nil and Void  of 28 July2010, No. 666. 
  Moreover, the Ministry of Economy of Ukraine approved the following orders: 
 
 1. On Approval of the Model Regulations for the Open Bidding Committee of 
26 July 2010, No. 916 (registered at the Ministry of Justice on 6 July 2010, No. 622/17917). GPA/ACC/UKR/2 
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  2. On Approval of the Standard Bidding Documents of 26 July 2010, No. 919 
(registered at the Ministry of Justice on 10 July 2010, No. 653/17948). 
  3. On Approval of the Procedure fo r Identifying the Procurement Item of 26 July 2010, 
No. 921 (registered at the Ministry of Justice on 6 August 2010, No. 623/17918). 
  4. On Approval of the Forms of the State Procurement Documents  of 26 July 2010, 
No. 922 (registered at the Ministry of Justice on 6 August 2010, No. 624/17919). 
 
 5. On Approval of the Model Contract for Pr ocurement of Goods (W orks or Services) 
for Public Money and Guidelines for Filling Out the Model Contract for Procurement 
of Goods (Works or Services) for Public Money  of 27 July 2010, No. 925 (registered 
at the Ministry of Justice on 10 August 2010, No. 655/17950). 
 
 6. On Defining the Official Printed Matter on State Procurement, International 
Informational Issue on State Procurement and Web-Portal of the Authorized State 
Procurement Authorities  of 28 July 2010, No. 932. 
  7. On Approval of the Standard for Providing by the Ministry of Economy an 
Administrative Service on Agreeing the Pro cedure for Procurement from a Single 
Bidder  of 26 October 2010, No. 1337. 
  The above legal acts are mandatory for all procuring entities and participants of the 
procurement process and should be applied equally.  
 Specifically, the COM Resolution On Establishing the Payment Rates for Filing an Appeal 
according to Article 18 of the Law of Ukraine "On State Procurement" of 28 July 2010, No. 773 
should be applied by the bidders in case of appe aling against the procurement procedure to the 
authorized state procurement authorities, the COM Resolution On Approval of the Procedure for 
Procurement from Single Bidder  of 28 July 2010, No. 668 should be applied by the procuring entities 
in case of procurement procedure from a single bidder. 
 
3. To what extent will the provisions of the Agreement be applied directly or need to be 
transposed into the relevant law?  In the ev ent of direct application of the Agreement over 
conflicting provisions of domestic law, please indicate the relevant legal basis. 
 Paragraph 1 of Article 6 of the Law specifies the precedence of using provisions of 
international agreement agreed by the Verkhovna Ra da of Ukraine if the said provisions specify the 
procedure other than in this Law.  Therefore, af ter ratification of the international agreement its 
provisions will be applied if provisions of the Law prove to be inconsistent  with the agreement. 
 
II. SCOPE AND COVERAGE 
4. Please summarize the organization of the government in your country at each level. 
 According to the Law of Ukraine On The Cabinet of Ministers of Ukraine (Government of 
Ukraine) the COM is the supreme body of executive power exercising its executive authority directly 
or through ministries and other executive power bodies, the Council of Ministers of the Autonomous Republic of Crimea and local state administ rations by coordination of their activities. 
 
 The Cabinet of Ministers of Ukraine reports to  the President of Ukraine and is subordinate 
and accountable before the Verkhovna Rada of Ukraine within the powers specified in articles 85, 87 
of the Constitution of Ukraine.  GPA/ACC/UKR/2 
 Page 3 
 
 
  The President of Ukraine by his Decree of  12 December  2010, No. 1085/2010 approved the 
organizational structure and cooperation among the executive authorities shown in Annex 3. 
 
5. Please list all central government entities (m inistries, departments, agencies, etc.) 
procuring goods, services and construction services. 
6. What entities at the sub-central level of government (states, provinces, municipalities, 
etc.) procure goods and services? 
7. Which are the enterprises owned or controlled by the government that are subject to the 
rules on government procurement?  Which are th e other entities or categories of entities (Annex 
3-type entities) owned and controlled by the gove rnment that engage in procurement?  Specify. 
 Answer to questions 5-7: 
 
 According to item 10, paragraph 1 of Article  1 of the Law procuring entities are key state 
spending units procuring in the order established by this Law. 
 
 According to item 27, paragraph 1 of Article 1 of the Law state key spending unit means state 
authorities, bodies of the Autonomous Republic of Crimea, local government bodies, other authorities 
and agencies specified by the Constitution of Ukra ine and other legal acts of Ukraine, as well as 
institutions and organizations established by the st ate authorities in the specified order, which are 
authorized to receive public money, assume spe nding responsibilities and make payments including 
enterprises and their associations. 
  According to item 21, paragraph 1 of Article 1 of the Law, Enterprises mean enterprises created in the established order by the state aut horities, authorities of the Autonomous Republic of 
Crimea or local government authorities, which are authorized to receive public money, assume 
spending responsibilities and make payments.  They include state, public and communal enterprises as 
well as business partnerships with 50 per cent and mo re of authorized capital (shares) owned by the 
state entities including public and communal enterprises and companies.  
8. Do entities listed in response to questions 5,  6 and 7 apply in their procurement the main 
law (if one exists), other legislation provided by the federal or central level of government or are 
they autonomous from federal or central governme nt in their procurement rules and practices?  
Where any of these entities are not subject to the main procurement law, please list the entities 
concerned and indicate which laws, regulations , etc., they are subject to.  How will your 
government ensure the implementation of th e Agreement by such entities below the 
central/federal government level? 
 According to paragraph 1, Artic le 2 of the Law, the Law is applied to all procuring entities 
and procurement of goods, works and services entirely or in part financed with the public money 
provided that the cost of the procurement item (ite ms), services (services) is equal to or exceeds 
Hrv 100,000 and works – Hrv 300,000.   According to paragraph 4, Article 2 of th e Law, procurement of the following goods, works 
and services shall be regulated by special laws of Ukraine: 
  - security inks, paper and other materials for production of security blanks, strictly 
accountable documents according to the scheme of their security; 
 
 - railway transportation services; 
 GPA/ACC/UKR/2 
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 - postal services, postage st amps and stamped envelopes; 
  - telecommunication services including TV and radio broadcasting (except mobile 
communication and Internet provision); 
 
 - nuclear fuel, new fuel elements for nuclear reactors; 
  - services of transportation of oil and oil products by pipelines, other substances by 
major pipeline transport; 
 
 - crude oil and oil product; 
  - services of staff training at the higher educational institutions of the І-IV accreditation 
level by the state contract; 
 
 - goods, works and services procured by th e funds of key spending unit (executive 
authorities) especially authorized to prepare and implement in Ukraine the 
infrastructure projects for fulfillment of task s on preparation to the European Football 
Championship cup final 2012 and for implem enting the State Target Program on 
conducting final part of the European football championship 2012. 
 
 Special laws to be adopted in line with pa ragraph 4 of Article 2 of the Law are not yet 
adopted except the Law of Ukraine On Organization and Conducting Final Part of the European 
Football Championship 2012 in Ukraine specifying, among other things, specifics of state 
procurement of the works and services indicated in paragraph 4 of Article 2 of the Law.  9. Are there any general exceptions from the scope of application of the national 
procurement rules, for instance for essential na tional defence or security reasons?  Please 
provide details. 
 According to paragraph 3 , Article 2 of the La w, the Law is not applicable to the following 
procurement items:  
 - goods and services related to development of design, production of security paper, 
banknotes and coins, their storage, transportation and recording; 
  - services procured by the state banks and banks where the government participated in 
capitalization exclusively for banking opera tions specified by the Law of Ukraine On 
Bank and Banking ; 
  - goods, works and services purchased by  the procuring entities located outside 
Ukraine; 
  - goods, works and services whose procurement is a state secret according to the Law 
of Ukraine On State Secret ; 
  - services necessary for state borrowings, state debt servicing and recovery;   - goods, works and services procured for pr eparation and conducting of elections and 
referendums in Ukraine. 
  - electric power, its transmission and distribution;   - natural gas and services for its transportation and supply;  GPA/ACC/UKR/2 
 Page 5 
 
 
  - heat energy, its supply and transportation;   - centralized water supply and water discharge.  10. Please provide available statistics on the procurement by government entities in your 
country in the last two years, including, to the extent available, a breakdown by entity and by 
categories of products and services. 
 Statistical data on conducting procurement of commodities, works and services for public 
funds in 2009-2010 are provided in Annexes 1-2. 
 
III. NATIONAL TREATMENT AND NON-DISCRIMINATION 
11. Identify the specific provisions in the legislation which reflect the national treatment and 
non-discrimination commitments of Article III of the Agreement. 
 According to Article 3 of the Law, state procurement is based on the principle of 
non-discrimination for all bidders.  According to Ar ticle 5, domestic and foreign bidders compete in 
the procurement process on equal conditions.  The pr ocuring entity must provide free access of all 
bidders to the information about the procurement spec ified by the Law.  The procuring entity must not 
establish discriminatory requirements against the bidders.  
12. Please provide details of any provisions in national legislation according domestic 
supplies and suppliers treatment more favourable than that accorded to foreign supplies or 
suppliers or according supplies or suppliers of  any country more favourable treatment than 
those of any other country. 
13. Please provide details of any provisions in national legislation allowing a locally 
established supplier to be treated less favourabl y than another locally established supplier on 
the basis of its degree of foreign affiliation  or ownership or discriminating against locally 
established suppliers on the basis of the country of production of the good or service being supplied. 
14. Please specify to what extent, if at all, more favourable treatment is granted to any 
sectors of the economy, regions or specifi c categories of suppliers or supplies. 
15. Please specify any provisions requiring or allo wing the use of offsets or measures with 
similar effect, such as domestic content, licen sing of technology, investment, counter-trade or 
similar requirements in the qualification or selection of suppliers, products or services or in the evaluation of tenders and award of contracts. 
 Answer to questions 12-15: 
 
 The national legislation on state procuremen t does not contain provisions specifying more 
favorable conditions for domestic goods and suppliers than for fo reign commodities and suppliers.  
Neither are there provisions specify ing the use of bonuses in the evaluation of bids or other similar 
ways of preference such as pref erences for the use of a proportion of domestic content, licensing of 
technologies, investments, counter trade for qualificati on or selection of bids for concluding contracts. 
 GPA/ACC/UKR/2 
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IV. ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES 
16. Please provide a general description of your existing procurement methods and 
procedures, including the main procurement me thods used and a brief description of each 
method, and the extent to which qualificatio n of suppliers and open, selective and limited 
tendering for each level of government is used. 
 According to Article 12 of the Law, procurem ent can be performed by implementing one of 
the following procedures:  open tender, two-stage te nder, request for price proposals, pre-qualification 
of bidders and single-source procurement.   Responsibility for selection and implementation of procurement procedure rests exclusively 
on the procuring entity's (governmental) o fficials – the tender committee members. 
  Open tender  is the main procurement method.  U nder open tenders all interested persons 
have the right to submit their bids.  The proc uring entity should publish the announcement including 
the information referred to in Article 21 of the Law.  After publication of the announcement on the 
tender every legal\physical person has the right to receive the bidding documents free of charge.  The 
bidding documents should be provided by the procuri ng entity within three working days after receipt 
of the appropriate request from the bidder.  More over, the bidding documents may be freely available 
for every person on the single-portal website of  the procurement system (established by the 
Authorized Agency, which is the Ministry of Econ omy Government Procurement Department).  Bids 
are submitted in writing signed on behalf of the bi dder by the authorized person, numbered, bound 
and sealed in the envelope.  After receipt of the bi ds they are opened on the day of the expiry of the 
deadline for submission of bids at time and in place indicated in the announcement of the tender.  
Bidders or their representatives are permitted to a ttend the bid opening ceremony, at which the price 
and other key information is read out to those pr esent.  After the opening of the bids the procuring 
entity examines bids for their conformity with the requirements in the bidding documents, and 
compliance with qualification requirements, and eval uates and compares bids which were not rejected 
according to this Law.  The winner is decided on the basis of this evaluation, applying the evaluation 
criteria disclosed in the bidding documents.  The winn er's bid is accepted and the appropriate contract 
is concluded.   Two-stage bidding is conducted in two stages: 
 
 In the first stage all bidders are proposed to  prepare and submit preliminary bids without 
prices, on the basis of a preliminary version of the bidding documents.  The bids at this stage include 
only technical, quality and other characteristics of the procurement items, delivery terms and 
conditions, evidence of professional and technical competence of the bidders and their compliance 
with qualification requirements.  The period for submi ssion of the preliminary bids is at least 30 days 
from publication of the announcement about two-stage tender in the bulletin on state procurement.  
The procuring entity while considering the preliminar y bids has the right to negotiate with any bidder 
in order to identify merits and demerits of th e bids.  The procuring entity should not apply a 
discriminatory approach to different bidders in  conducting the negotiations.  The negotiations are 
recorded in the protocol signed by the bidder and the procuring entity.  The protocol contains 
information about the bidder, proposals of the nego tiation participants and conclusions.  After the 
conclusion of the first stage, the procuring entity finalizes the bidding documents, having the right to 
make changes to the bidding documents concerni ng technical requirements, requirements to the 
quality of the procurement item or to propose differe nt characteristics and criteria of assessment in 
line with this Law.  The procuring entity should notify all bidders about changes of the requirements 
in the bidding documents while providing inv itations for the second stage of the tender. 
  GPA/ACC/UKR/2 
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 In the second stage the procuring entity invites those bidders whose bids were not rejected in the first stage and were deemed as appropriate on th e whole, but at least two of them.  In the second 
stage the bidders are expected to provide final bids  with pricing.  The bid submission period for the 
finalized bids is at least 15 days from the date of notification of the bidders about the results of the 
first stage. 
 
Procedure on requesting the price quotations 
 
 The procuring entity carries out procurement by application of the procedure of request for price quotations with regard to goods and services fo r which there is a continuously operating market, 
provided that their cost does not exceed Hrv 200,000.   In order to obtain the price quotations, the 
procuring entity should submit requests to not less than three suppliers, and on the date of issuance of 
such request should submit the request for publication in  the state official printed bulletin that covers 
state procurement.  The request for price quotations is published free of charge  in the state official 
printed bulletin that covers the state procurements and is posted free of charge on the web-portal of 
the Authorized Agency in accord ance with the provisions of Article 10 of the Law.  During 
implementation of request for price quotations procedure, all the inter ested persons have the right to 
submit their price quotations.  
Procedure of the Preliminary Qualification 
  The preliminary qualification procedure is implemented in the event of a need for the 
preliminary determination of the bidders' conform ity with the financial and economic conditions, and 
technical and organizational capabilities, required for the performance of the procurement contract.  In 
the event preliminary qualification of the bidders is conducted, all the bidders in the preliminary 
qualification who have passed such qualification, bu t not less than two, are admitted for the further 
participation in the bidding process (competitive bidding). 
 
Procedure of procurement from single bidder 
 
 Procurement from a single bidder is a proce dure, in accordance with which the procuring 
entity concludes the procurement contract with the bidder after conducting negotiations with it.  
During negotiations, the procuring entity requests fro m the bidder submission of information that is 
documentarily supported about c onformity of the bidder with the qualification requirements in 
accordance with Article 16 of the Law.   The procurement procedure from a single bidde r is an exceptional method limited to the 
following cases: 
  (1) procurement of works of art or proc urement associated with protection of the 
intellectual property rights, or the conclusi on of the procurement contract with the 
winner of an architectural or art competition; 
 
 (2) absence of competition (including for t echnical reasons) with regard to the goods, 
works, or services, which can be delivered, executed, or provided only by the certain 
supplier (contractor) with absence of an alternative source; 
  (3) occurrence of an urgent requirement for the goods, works, or services that are 
required for dealing with the consequences of and immediate operating elimination of 
the aftermaths of emergency situations of technogenic and natural character limited in 
time and outside of the control of the procuring entity; 
  (4) in the event that the procuring entity has twice cancelled the competitive procurement 
proceedings in the absence of enough bidders. GPA/ACC/UKR/2 
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  Subject to the above conditions, the procedure of procurement from a single bidder is applied 
by the procuring entity after agreement received fro m the Authorized Agency in accordance with the 
procedure established by the Cabinet of Minist ers of Ukraine, in accordance with the Law. 
 17. Identify the provision in your country's le gislation requiring non-discrimination as 
regards the qualification of suppliers in terms of Article VIII and selection of suppliers in terms 
of Article X.  Indicate any exception to this requirement.  What are the provisions ensuring non-discriminatory access of new suppliers  to existing qualification lists? 
 Currently effective legislation on state procurement does not provide for maintenance of 
permanent lists of suppliers. 
  According to paragraphs 4 and 5 of Article 16 of the Law, bi dders or pre-qualified bidder who 
are individuals, including entrepreneurs, are not required to submit any documents that are not envisaged legislatively for them as part of their bi ds or qualification proposals and are not be required 
to furnish them during negotiations (if single bidder procurement procedure is applied).  All bids or 
qualification proposals that meet qualification criteri a established in part two of Article 16 should be 
allowed to evaluation unless prevented from it by other legal grounds under the Law. 
 
18. In situations where qualification procedures  and selective tendering may be used, to 
what extent do entities allow suppliers to beco me qualified during the procurement process?  To 
what extent do entities maintain permanent lists of suppliers? 
 According to the Law, the method corresponding to the selective tendering in the GPA is 
linked to a preliminary qualification procedure (pre qualification).  When the preliminary qualification 
procedure is applied, the qualification documents pr ovided to bidders indicate qualification criteria for 
the bidders and a list of documents confirming their compliance to the criteria specified in Article 16 
of the Law. 
  As it was already mentioned, there is no practi ce of maintaining permanent lists of suppliers. 
 
19. What are the conditions and circumstances fore seen in your legislation allowing the use 
of the limited tendering method under Article XV  of the Agreement?  What measures exist in 
order to ensure that this method is not used  with a view to avoiding maximum possible 
competition or in a manner which would consti tute a means of discriminating among foreign 
supplies/suppliers or in favour of domestic supplies/suppliers? 
 Article 39 of the Law provides a procedure for procurement from a single bidder 
(single-source procurement), which is used by the procuring entity as an exceptional method in the 
following cases: 
  (1) procurement of works of art or proc urement associated with protection of the 
intellectual property rights, or the conclusi on of the procurement contract with the 
winner of architectural or art competition; 
 
 (2) absence of competition (including for t echnical reasons) with regard to the goods, 
works, or services, which can be delivered, executed, or provided only by the certain 
supplier (contractor) with lack  of an alternative source; 
  (3) occurrence of urgent requirement for th e goods, works, or services, that are required 
for dealing with the consequences of, a nd immediate operating elimination of, the 
aftermaths of emergency situ ations of technogenic and na tural character limited in 
time and outside of the control of the procuring entity;  GPA/ACC/UKR/2 
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  (4) in the event that the procuring entit y has twice cancelled the procedure of the 
competitive procurement proceedings in the absence of enough bidders. 
  Procedure of the procurement from a single bi dder is applied by the procuring entity after 
obtaining the agreement of the Au thorized Agency in accordance w ith the procedure established by 
the Cabinet of Ministers of Ukraine in compliance with the Law.  
20. Article XIV of the Agreement allows for negotiation under certain conditions.  Are 
entities allowed to proceed to negotiations?  If  so, which categories and what are the conditions 
imposed? 
 Conducting negotiations is perm itted only in case of applying procedure for procurement 
from one bidder.  According to Article 39 of th e Law the procuring entit y, in case of applying 
procedure for procurement from one bidder, conclude the procurement contract with the bidder after 
conducting negotiations with him. 
 
21. Article XI sets out the minimum time-period s for tendering and delivery.  What are the 
rules and practices regarding time-periods in your legislation?  Does the legislation reflect the 
various minimum time-periods as set out in the Agreement?  If not, give information on any 
different time-periods which have been established in your national legislation. 
 The legislation of Ukraine sets the minimum possible time-period for submission of bids, the 
maximum possible time-period for examination and ev aluation of bids and deciding the winner of the 
bidding process.  In case of open bidding, the time-pe riod for submission of bids may not be less than 
30 days from the date of publication of the announ cement of the open bidding procedure in the state 
official printed bulletin concerning the state procurem ent.  In case of the substantiated primary need 
for procurement of the food-processing industry products and health produc ts, the time-period for 
submission of bids may be shortened to 15 days.  In  this case, the total period the for consideration, 
assessment and deciding the winner of the bidding  process should not exceed 20 working days from 
opening of the tender bids.  
22. Briefly describe the procedures for the submission, receipt and opening of tenders and 
awarding of contracts, in particular the pro cedures and conditions guaranteeing regularity of 
the openings and consistency with the non-discri mination provisions of the Agreement.  How is 
the information on the proceedings related to the receipt, opening and evaluation of tenders 
maintained by entities? 
 According to Section ІV of the Law, the following procedure for submission of the price 
quotations  is established: 
 
 A bid should be submitted in writing signed by the bidder, stitched, numbered, and bearing 
the imprint of the official seal in the sealed envel ope.  Upon request of the bidder the procuring entity 
should within one working day from receipt of th e request confirm receipt of the price quotation 
indicating the date and time of such receipt.  Refusal or evasion of the procuring entity from 
immediate receipt of the bids submitted personally may be the ground for appeal. 
 
 Every bidder has the right to submit only one bi d (including part of the procurement item (lot) 
specified in the bidding documents.  The procuri ng entity should record the received price quotation 
in the register whose format is est ablished by the Authorized Agency. 
 
 The bid should be accompanied by the suppor ting document that confirms provision of the 
security by the bidder if such secu rity is specified in the announ cement of the competitive bidding 
proceeding. GPA/ACC/UKR/2 
Page 10  
 
 
Provision of the security for implemen tation of the procurement contract 
 
 The procuring entity has the right to request  from the winner provision of the security not 
later than on the date of concluding the procurement agreement, if such security is specified in the 
competitive bidding documents.  The procuring en tity return the security to the winner after 
implementation of the procurement agreement or if  the court recognized the results of the tender 
procedure or the agreement invalid in the cases spec ified by paragraphs one and two of Article 30 and 
paragraph 3 of Article 31 of the Law as well as accord ing to the conditions specified in the agreement 
but not later than during three banking days fro m the occurrence of the above circumstances. 
 
Opening of bids 
 
 The bids are opened on the day of the expiry of the time-period for their submission at the time and place indicated in the annou ncement of the bidding proceeding. 
 
 The procuring entity is required to allow all bi dders or their authorized representatives being 
present during opening of the bids.  Absence of th e bidder or his authorized representative during 
opening of the bids is not a ground for refusal to open or to consider or to reject a bid. 
  During opening of the bids the availability of  all required documents specified by the bidding 
documents is checked, the name and address of each  bidder is announced, as is the price of each bid 
or a lot.  The indicated information is recorded  in the bid-opening protoc ol published according to 
Article 10 of the Law.  
Examination and evaluation of bids 
 
1. The procuring entity has the right to request the bidder to provide explanations of the bid in order to simplify its consideration and assessment.  2. The procuring entity and the bidders may not  engage in any negotiations on introducing 
changes to the content or the price of the submitted competitive bids. 
 
3. The procuring entity has the right to correct  the arithmetic errors made as a result of 
arithmetic operations that were identified in the submitted bids during conduc ting of their assessment 
in accordance with the procedur e determined by the documentation of the competitive bidding 
pursuant to reception of the written approval of th is by the bidder who has submitted the bid. 
 
4. The procuring entity performs the evaluation of the bids which were not rejected in accordance with the provisions of the Law.  5. The procuring entity determines the successful  bidder from among the bidders whose bids 
were not rejected in accordance with the provisions  of the Law (not less than two in number) on the 
basis of criteria and bid evaluation methodology as specified in the documentation. 
  Bid evaluation criteria are as follows:   In the procurement of goods, works, and services, which are manufactured, carried out, or 
rendered in accordance with commercia lly available, standard specifications (technical design), which 
are normally traded at the continuous ly functioning market - the price. 
  In case of procurement, which is of complex or specialized nature (including consultancy 
services, scientific research, experiments, or devel opmental activities, research and design works), - 
the price complemented with other evaluation criteria, in particular:  GPA/ACC/UKR/2 
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  - quality of performance of works, services;  - payment conditions;  - performance period;  - guaranty maintenance; 
 - operational expenses; 
 - transfer of technology and training of ad ministrative, scientific, and industrial cadres, 
including employment of the local resources, including means of production, labor and materials for manufacturing of the goods , performance of works, and provision of 
services, which are proposed by the bidder. 
 
6. In the event that for determining the most economically advantageous bid evaluation criteria 
other than the price are applied, the bidding docum ents should indicate the value equivalent or the 
relative importance of these criteria in the genera l assessment of the competitive bids.  The relative 
importance of the price criterion may not be lower than 50 per cent. 
 
7. The procuring entity has the right to refer,  for acknowledgement of information provided by 
the bidders, to the public authorities, enterprises,  establishments, organizations in accordance with 
their competence.  In case of obtaining reliable in formation about non-confor mity with qualification 
requirements, about the presence of the grounds specif ied in part one of Article 17 of the Law or the 
fact of inclusion in a bid of any unreliable inform ation, which is essential for determining the results 
of the procurement proceeding, the procuring entity rejects the bid of such bidder. 
 8. The report of the evaluation of bids in the form established by Authorized Agency is completed in accordance with the results of the examination and evaluation of the bids. 
 
9. The general period set for the examination an d evaluation of bids, and determination of the 
winning bidder should not exceed 20 working days from the date of the opening of the bids.   During implementation of procurements as per th e shortened procedure, the general period of 
examination and evaluation of bids, and determination of the winning bidder should not exceed 
10 working days from the date of the opening of the bids. 
 
Rejection of bids 
 
1. The procuring entity rejects bids in the following cases:  
 (1) the bidder: 
   - does not meet the qualification criteria established by provisions of Article 16 
 of the Law; 
   - disagrees with correction of an arithmetic error identified by the procuring 
 entity; 
   - has not provided security for the bid in  case such security was required by the 
 bidding documents; 
 
 (2) there exist grounds specified in Article 17 and part seven of Article 28 of the Law; 
  (3) the bid fails to meet the requirements of the bidding documents.  GPA/ACC/UKR/2 
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2. Information about rejection of a bid with no tification of the grounds therefore should be sent 
to the bidder, whose bid is rejected, within thr ee working days from the date of adoption of such 
decision and made public in accordan ce with Article 10 of the Law. 
 
Cancellation of the bidding proceedings by the procuring entity or their invalidation 
 
1. The procuring entity cancels th e bidding in the following cases: 
  - lack of further need to procure the goods, works, services;  
 - impossibility of elimination of infringements, which have arisen due to the detected 
infringements of the legislation with regard to the state procurement; 
  - detection of collusion among bidders;  
 - violation of the publication requirements concerning the announcement of the bidding 
proceeding, acceptance of a bid, announceme nt of results of the bidding proceeding 
as provided by the Law; 
  - submission of less than two bids;  
 - rejection of all the bids in accordance with the Law; 
  - if less than two bids are admitted for evaluation.   The bidding documents should contain a clear a nd accurate description of cancellation of the 
bidding proceeding due to such circumstances. 
  The bidding can be cancelled partially (with respect to specific lot).  2. The procuring entity has the right to declar e the competitive bidding invalid in the following 
cases: 
 
 - the price of the most advantageous bid exceeds the amount allocated by the procuring 
entity for financing of the procurement; 
  - the procurement cannot be accomplished as a result of force majeure circumstances. 
 
3. The announcement about cancellation of the biddi ng proceeding or its invalidation should be 
submitted by the procuring entity to the Authorized Agency and all the bidders within three working 
days from the date of adoption by the procuring en tity of the corresponding decision and will be made 
public in accordance with Article 10 of the Law.  Acceptance of a bid and conclusion of the procurement contract 
 
1. On the day of the determination of winni ng bid, which is recognized to be the most 
economically advantageous one according to the resu lts of the evaluation, the procuring entity accepts 
the bid. 
 
2. The procuring entity should, within one worki ng day from the date of adoption of the decision 
determining the successful bidder, send to the su ccessful bidder the message about acceptance of its 
bid, and to all the bidders - the written message a bout the results of the bidding proceeding including 
the name and primary place of business of the successful bidder, whose bid is recognized to be the 
most economically advantageous as per the results of the evaluation of bids.  GPA/ACC/UKR/2 
 Page 13 
 
 
  The announcement about the acceptance of the bi d or the price quotation is published free of 
charge in the state official printed bu lletin that covers state procurement. 
  The procuring entity concludes the procurement agreement with the bidder, whose bid has 
been accepted, in accordance with requirements of the bidding documents and the accepted bid not 
earlier than in 14 days from the date of the public ation in the state official printed bulletin, which 
covers state procurement, of the announcement ab out acceptance of the bid, but not later than in 
30 days from the date of the acceptance of the bid.  
 In the event of implementation of the pr ocurement procedure in accordance with the 
shortened procedure, the procuring entity conclud es the procurement contract with the bidder whose 
bid has been accepted,  in accordance with  requi rements of the bidding documents and the accepted 
bid not earlier than in five days from the date of the publication in the state official printed bulletin which covers state procurement, of  the announcement about acceptance of the bid but not later than in 
14 days from the date of the acceptance of the bid. 
  The procurement agreement concluded in violat ion of the terms specified in paragraphs 3 
and 4 above is deemed invalid.  3. In case of written refusal of the successful bidder to sign the procurement contract in 
accordance with requirements of the bidding documents or failure to conclude the procurement contract 
due to the bidder's fault within the time specified  by this Law, the procuring entity should again 
determine the most economically advantageous competitive bids from among those remaining bids 
whose period of validity has not expired.  Informing bidders about the results of the bidding proceedings 
 
1. The announcement of the results of bidding pr oceedings are published free of charge in the 
state official printed bulletin that covers state pr ocurements and posted free of charge on a web-portal 
of the Authorized agency in accord ance with provisions of Article 10 of the Law within seven days 
from the date of the conclusion of the procuremen t contract or a decision to cancel the bidding 
proceeding or to deem it invalid. 
 2. The announcement of the bidding results must contain the following information:   - the name and principal place of  business of the procuring entity; 
 
 - address of the web-portal of the Aut horized Agency, where information on 
procurement is posted in accordance with Article 10 of the Law; 
  - address of additional web-site, where information about the procuring entity's 
procurement is posted (in case of such posting); 
 
 - the title of a procurement item;   - quantity and place of delivery of the goods  or type and place of conducting of works 
or provision of services; 
 
 - date of publication and number of  the announcement about conducting of 
procurement procedure published in the state official printed bulletin that covers state 
procurement, corresponding international ed itions (in the cases provided by the Law); 
 GPA/ACC/UKR/2 
Page 14  
 
 - date of publication and number of the announcement of the acceptance of a bid or the 
price quotation published in the state official printed bulletin that covers state procurement; 
  - date of publication of information concerning the decision of the Authorized Agency 
on approval or refusal to approve implemen tation of the procurement procedure with 
just one bidder published in the state official printed bulletin that covers state procurement; 
  - date of conclusion of the procurement contract; 
 
 - date of making decision about cancella tion of the competitive bidding or its 
declaration as invalid (if so decided by th e procuring entity) and the reasons therefor; 
  - the price of the procurement contract; 
 
 - full name of the successful bidder.  
23. Please identify the provisions in your le gislation setting the parameters for the 
prescription of technical specifications by en tities as part of the evaluation criteria. 
 According to paragraph 5, Article 28 of the Law, the bid evaluation criteria are as follows:  
the price - in case of procurement of goods, works, and services, which are manufactured, carried out, 
or rendered in accordance with commercially availa ble, standard specifications (technical design), 
which are normally traded at the continuously functioning market;  in the case of procurement of complicated or specialized nature (including consulti ng services, scientific researches, experiments, or 
development, research and design works), the price along with other criteria, particularly quality of 
works, performance and services rendering, payment conditions, performance period, guaranty 
maintenance, operational expenses, technology transf er, technical and management staff training and 
upgrading including the use of local resources such as production means, workforce and materials for 
manufacturing goods, doing works and providing services proposed by the bidders).   Furthermore, according to item 2(3) paragr aph 2, Article 22 of the Law the bidding 
documents should contain, in particular, the fo llowing:  information about the necessary technical, 
qualitative, and quantitative characteristics of the procurement item, including the corresponding 
technical specification (in case of need — plans, drawings, designs, or description of the procurement item).  In this respect, the technical specifications  should include:  the detailed description of the 
goods, works, services, which will be proc ured, including their technical and qualitative 
characteristics;  requirements concerning technical and functional characteristics of the procurement 
item in the event, where it is impossible to compile the description or where it is more expedient to 
specify such indicators;  reference to the standa rd characteristics, requirements, symbols and the 
terminology associated with the goods, works, or services, which will be procured, provided by the 
existing international or national standards, norms and rules.  The technical specification should not 
contain reference to a specific trademark or firm, patent, design or type of the procurement item, 
source of its origin or the manufacturer.  In th e event that such refe rence is necessary, the 
specification should contain the expression "or an equivalent".  Technical and qualitative 
characteristics of the procurement item should provide for making the environment protection 
arrangements.   GPA/ACC/UKR/2 
 Page 15 
 
 
24. Identify the measures in national legislat ion ensuring that awards are made in 
accordance with the evaluation criteria and ess ential requirements specified in the tender 
documentation. 
 According to paragraph 5 of Article 28, th e procuring entity decides the winner from among 
the bidders whose bids were not rejected in accordan ce with the Law (not less than two in number) on 
the basis of the evaluation criteria and methodolog y specified in the bidding documents.  In 
accordance with Article 29 of the Law, the procuri ng entity should reject a bid if the bidder does not 
meet the qualifying criteria established by Article 16 of the Law and if the bid does not correspond to 
the requirements in the bidding documents.  At th e same time, the procuring entity accepts the bid 
determined to be the most economically advant ageous as per the results of the evaluation.  
Consequently, the procuring entity concludes the procurement agreement with the bidder whose bid 
was accepted (Article 31 of the Law).  
V. INFORMATION 
25. Article XIX:1 of the Agreement foresees the publ ication of laws, regulations, judicial 
decisions, administrative rulings of general application and procedures regarding government 
procurement.  Please give the name of the relevant publication(s) and indicate the media used for this purpose.  Please also provide, where availa ble, the address of an Internet website where 
the legislation referred to in questions 1 and 2 can be found. 
 Information about effective legal acts and regula tions in the sphere of state procurement is 
located in the official web-site of the Ministry of Economy under the heading State Procurement 
(www.me.gov.ua ) and in the web-portal State Procurement (www.tender.me.gov.ua ). 
 
 Information about agreement of the Ministry of Economy to apply the procedure for procurement from one bidder is located on the web-portal State Procurement 
(www.tender.me.gov.ua ) and is published  in the Information Bulletin Visnyk Derzhavnykh Zakupivel  
(Public Procurement Herald). 
  Decisions on appeals against state procurement procedures are published on the official web-site of the Antimonopoly Committee of Ukraine ( www.amc.gov.ua ). 
 
 Additionally, it is required to publish informa tion about application of the state procurement 
procedures in the Information Bulletin Visnyk Derzhavnykh Zakupivel (Public Procurement Herald) 
and located on the web-portal State Procurement and ( www.tender.me.gov.ua ). 
 
 Legislation specified in issues 1-2 may be found on the official web-site of the Verkhovna Rada of Ukraine (portal.rada.gov.ua) under the heading "Laws of Ukraine". 
 
26. Article IX:1 of the Agreement foresees the pub lication of invitations to participate for all 
cases of intended procurement by entities.  Plea se give the name of the relevant publication(s) 
and indicate the media to be used for this purpose.  Please also provide, where available, the 
address of an Internet website where such invitations are published. 
 Article 10 of the Law specifies a list of info rmation to be published in the Information 
Bulletin Visnyk Derzhavnykh Zakupivel, in its international issue Public Procurement Herald  and 
posted on the web-portal State Procurement  (www.tender.me.gov.ua ). 
 GPA/ACC/UKR/2 
Page 16  
 
 In fact, information, which according to Article 10 of the Law is subject to publication may be divided into two parts:  1. Information to be published in the printed matter (Information Bulletin Visnyk Derzhavnykh 
Zakupivel  and its international issue Public Procurement Herald   and posted on the web-portal State 
Procurement  (www.tender.me.gov.ua ), particularly: 
 
 - announcement on conducting procurement proceeding (any procurement procedure); 
 - information about acceptance of a bid;  - information on decision of the Authorized Agency to approve or reject application of 
the state procurement procedure with a single bidder; 
 - announcement about the results of the procurement proceeding;  2. Information to be published only on the web-portal State Procurement  
(www.tender.me.gov.ua ), specifically: 
 
 - substantiation of applying single bidder procurement proceeding;  - bidding documents and qualification documents including changes therein;  - protocol of opening of bids, price proposals, qualification proposals;  - information on rejection of bids, price proposals, qualification proposals and grounds 
for such rejection in the form of protocol; 
 - notification of the bidders about the results of the procurement proceeding; 
 - report on the results of the procurement proceeding;  - information about unilateral termin ation of the procurement contract. 
  In this case, information subject to mandatory  publishing is published free of charge in the 
Information Bulletin Visnyk Derzhavnykh Zakupivel and on the web-portal State Procurement  
(www.tender.me.gov.ua ). 
 
 The Law specifies that the announcement of a procurement proceeding and the announcement 
of the procurement proceeding results should be ad ditionally placed in the international information 
media on state procurement issues  managed by the Authorized Agency and on the English-language 
web-site of the Authorized Agency if the estimated  value of the Procurement Item exceeds the amount 
equivalent to:  
 EUR 200,000 for goods; 
 EUR 300,000 for services; 
 EUR 500,000 for works. 
  Article 8 of the Law requires free circulation of the Information Bulletin Visnyk Derzhavnykh 
Zakupivel and its international issue Public Procurement Herald . 
  Users have a free access to the info rmation posted on the national web-portal State 
Procurement . 
 27. Please specify the types of information that your legislation requires to be included in 
notices of invitation to tender or in tender docu mentation, and identify the relevant provisions 
of your legislation. 
 According to Article 21(2) of the Law, the announcement of an open bidding proceeding must 
contain the following information:   GPA/ACC/UKR/2 
 Page 17 
 
 
 financing volume in accordance with the budget, financial plan (the plan of assignments, 
plan of use of the budget (state) funds) or the estimated value of procurement (this information is not for the mass media); 
 the name and principal place of business of the procuring entity; 
 the address of web-portal of the Authorized Agency, where information about 
procurement is posted in accordance with pr ovisions of Article 10 of this Law; 
 the address of the web-site where the procur ing entity additionally  posts information 
about procurement (where applicable); 
 the name of the item being procured; 
 quantity and place of delivery of the goods or  volume and place of performance of works 
or services; 
 term of delivery of the goods, perfo rmance of works, granting of services; 
 place from which bidders may obtain the bidding documents; 
 place and time-period for submission of bids; 
 place, date and time of opening of the bids; 
 the amount, type and conditions of provision of the bid security (where such a 
requirement is applicable); 
 family name, given name, and patronymic, pos ition and address of one or several officials 
of the procuring entity, who are authorized to communicate with bidders; 
 the registration account of the procuring entit y opened in the institutions of the State 
Treasury of Ukraine (in case of the procur ement financed by budgetary funds). 
 
 The announcement may contain additional information specified by the procuring entity.   Moreover, the Order of the Ministry of Economy of 26 July 2010, No. 922 On Approval the 
Documentation Format in the Sphere of State procurement  registered in the Ministry of Justice on 
6 August 2010 under the number 624/17919, specifically sets requirements for the content of the 
announcement on the state procurement and provides guidelines for their execution. 
  According to Article 22 of the Law, bidding documents should include:   (1) guidelines for preparation of bids; 
 
 (2) qualification criteria for the bidders in accordance with Article 16, requirements 
established by Article 17 of the Law, and information about documentation to be 
submitted by bidders to show their conform ity with those criteria and requirements; 
  (3) information about necessary technical, qu alitative, and quantitative characteristics of 
the procurement item, including the corres ponding technical specifications (if needed, 
drawings, designs, or description of the procurement item).  In this respect, the technical specifications should include:  th e detailed description of the goods, works, 
services, which will be procured, including their technical and qualitative characteristics;  requirements concerning technical and functional characteristics of 
the procurement item in the event it is impos sible to compile the description or where 
it is more expedient to provide such i ndicators;  reference to the standard 
characteristics, requirements, symbols and the terminology associated with the goods, 
works, or services to be procured provided by the existing international or national 
standards, norms and rules.  The technical  specifications should not contain reference 
to a particular trademark or firm, patent, design or type of the procurement item, 
source of its origin or the manufacturer.  In the event that such reference is necessary, 
the specification should contain the expressi on "or an equivalent ".  Technical and 
qualitative characteristics of the procuremen t item should provide for environmental 
protection arrangements; GPA/ACC/UKR/2 
Page 18  
 
  (4) quantity of the goods and the place of delivery;   (5) place where works are to be implemente d or services provided, and their volume; 
 
 (6) provisions for delivery of the goods, performance of works, granting of services; 
  (7) draft contract or the basic conditions that it will be required to include in the 
procurement contract; 
 
 (8) the description of the separate part or parts of the procurement (lots) for which bids 
may be submitted if bidders are permitted to submit bids with respect to lots; 
  (9) the list of criteria and methodology of bi d evaluation, with indication of the relative 
importance of the bid evaluation criteria; 
 
 (10) the required bid-validity period, but not less than 90 days from the date of opening  of 
the bids; 
  (11) information about the currency for calculating and specifying the bid price;  
 (12) information about the language (or languages) of bids; 
  (13) instructions about manner, place, and deadline for submission of bids;   (14) procedure for providing clarifications of the bidding documents; 
 
 (15) amount, type, and conditions  of provision of the bid security (where required by the 
procuring entity); 
  (16) amount, type, provisions on submission, return and forfeiture of the security for 
performance of the procurement contract (in the event that the procuring entity 
chooses to require such a security); 
  (17) place, date, and time of opening of the bids;   (18) family name, given na me, and patronymic, position a nd address of one or several 
officials of the procuring entity, who ar e authorized to communicate with bidders. 
  The bidding documents may also include other in formation in accordance with the legislation, 
which the procuring entity may consider necessary to include.   The bidding documents should not contain requi rements which limit competition and lead to 
discrimination of against bidders. 
  The Order of the Ministry of Economy of 26 July 2010, No. 919 On Approval of the Model 
Tender Documents  registered in the Ministry of Justice on 10 August 2010 under the No. 655/17948 
approves the model tender documents. 
  GPA/ACC/UKR/2 
 Page 19 
 
 
28. Article IX:1 of the Agreem ent foresees publication of permanent lists of qualified 
suppliers by entities maintaining such lists.  Plea se give the name of the relevant publication(s) 
and indicate the means used for this purpose.  Please also provide, where available, the address 
of an Internet website where such lists are published. 
 Currently the state procurement legislation do es not specify maintaining permanent lists of 
qualified suppliers. 
 
29. Article XVIII:1 of the Agreement foresees the publication of details of contract award 
notices by entities.  Please give the name of th e relevant publication(s) and indicate the means to 
be used for this purpose.  Please also provi de, where available, the address of an Internet 
website where such notices are published. 
 According to Article 10 of the Law the announcement about the results of the state 
procurement proceeding should be pub lished in the Information Bulletin Visnyk Derzhavnykh 
Zakupivel and posted on the web-portal State Procurement  (www.tender.me.gov.ua ).  In this case, the 
announcement about the results of the state procur ement proceeding should contain information about 
the procuring entity, information about the procurement item (name. quantity, place of delivery), 
information about the winner, date of conclusion of  the procurement contract and the contract price 
etc.   If the estimated value of the Procurement Item exceeds the amount equivalent to:  
 EUR 200,000 for commodities; 
 EUR 300,000 for services; 
 EUR 500,000 for works. 
 the announcement about the results of the state procurement proceeding should be additionally 
published in the international publication Public Procurement Herald  and posted on the web-portal 
State Procurement  (www.tender.me.gov.ua ) in English. 
 
30. Please specify the types of information that no tices of contract awards should contain in 
your country and identify the relevant provisions in your legislation. 
 According to Article 32 of the Law the announcement about the results of the state 
procurement proceeding should contain following information:  
 the name and principal place of business of the procuring entity; 
 address of the web-portal of the Author ized Agency on which information on 
procurement is posted in accordance with provisions of Article 10 of the Law; 
 address of additional web-site, where info rmation of the procuring entity about 
procurement is posted (in case of such posting); 
 the title of the procurement item; 
 quantity and place of delivery of  the goods or type and place of carrying out the works or 
provision of services; 
 date of publication and number of the announcement of the procurement proceeding 
published in the state official printed bulletin that covers state procurement, corresponding international editions (in the cases provided by the Law); 
 date of publication and number of the annou ncement of acceptance of the bid or the price 
quotation published in the state official prin ted bulletin that covers state procurement; 
 date of publication of information concerni ng the decision of the Authorized Agency on 
approval or refusal to approve implemen tation of the single bidder procurement 
proceeding published in the state official prin ted bulletin that covers state procurement; GPA/ACC/UKR/2 
Page 20  
 
 date of conclusion of the procurement contract; 
 date of decision to cancel the bidding proceedi ng or declaration of its invalidity (in the 
event that the procuring entity makes such  a decision) and the grounds therefor; 
 the price of the procurement contract; 
 full name of the successful bidder.  
 
 Moreover, the Order of the Ministry of Economy of 26 July 2010, No. 922 On Approval the 
Documentation Format in the Sphere of State procurement  registered in the Ministry of Justice on 
6 August 2010 under the number 624/17919, specifically sets requirements for the content of the announcements of state procurement proceeding and provides guidelines for their execution.  31. Please specify the relevant provisions in your legislation enabling, as foreseen in 
Article XVIII:2, the provision of informatio n to other Parties and unsuccessful tenderers 
regarding the reasons why a tender was not selected. 
 According to Article 17 of the Law information on rejection of a bid, or qualification or price 
quotation with the grounds for such rejection s hould be sent to the bidder or pre-qualification 
participant, whose bid or proposal was rejected with in three working days from the date the procuring 
entity took such decision and published on the web-portal State Procurement  (www.tender.me.gov.ua ). 
 
 According to Article 30 of the Law the a nnouncement about cancellation of a procurement 
proceeding or its invalidation should be submitted by the procuring entity to the Authorized Agency 
and all the bidders within three working days from th e date of adoption by the procuring entity of the 
corresponding decision and will be made public on the web-portal State Procurement  
(www.tender.me.gov.ua ). 
 
 According to Articles 31 and 36 of the Law, th e procuring entity should, within one working 
day from the date of the decision about determina tion of the successful bidder send to the bidder the 
notification of the acceptance of its bid, and send to  all the participating bidders written notification 
about the results of the bidding proceeding including the name and primary place of business of the bidder – successful bidder.  
VI. BID CHALLENGE PROCEDURES 
32. Please provide information on ex isting challenge procedures. 
 Article 18 of the Law specifies procedure fo r appeal against procurement procedures. 
  Appeal to the Appeal Authority should be file d by the appealer in writing and may be filed 
only by a person whose rights and legal interests ar e violated as a result of a decision, action or 
inaction of the procuring entity, which contradicts the Law (on State Procurement). 
 
33. Are there specific provisions enabling a ccess of foreign suppliers to challenge 
procedures? 
 The Law does not set restrictions on filing of appeals by foreign suppliers.  Foreign 
supplier(s) whose rights are violated by a decision, action or inaction on the part of the procuring 
entity which contradicts the Law may file an appeal to the Appeal Authority on the same conditions as 
apply to domestic bidders, as affirmed  by Articles 5 and 6 of the Law. 
  According to the Law, the complainant can be a physical or legal person and can apply for review to the procuring entity, to the Appeal Author ity or to the court in relation to violation of the 
government procurement procedure by the procuring en tity in order to protect his interests and legal  GPA/ACC/UKR/2 
 Page 21 
 
 
rights violated as a result of a decision, action or inaction on the part of the procuring entity which contradicts the Law (item 29 of paragraph 1, Article 1).  
34. To the extent that this information does not fully respond to the following points, please 
provide the supplementary info rmation necessary to do so: 
 (i) The time-limit to launch a complaint contained in the Agreement is "not less 
than 10 days" from the time when the basis of the complaint is known or reasonably should have been known.  What are the limits in your domestic 
legislation? 
  Appeals may be filed to the Appeal Authority no t later than in 14 days following receipt by 
the complainant of a notification about the relevant decision of the procuring entity that violates the rights and legal interests of the complainant or fro m the day the complainant becomes aware about the 
violation of his rights and legal interests by the d ecision, action or inaction of the procuring entity but 
prior to the conclusion of the procurement agreemen t.  Appeals related to the bidding documents may 
be filed at any time after publication of the announ cement of the procurement proceeding but not later 
than the deadline for submission of bids.  
 (ii) What body is responsible for the cha llenge procedures?  Is this a "court" or an 
"impartial and independent review body"?  If the latter: 
 
  - How are its members selected? 
   - Are its decisions subject to judicial review?    - If not, how will the requirements of paragraph 6 of Article XX be taken 
 into account? 
 
 According to Article 8 of the Law the An timonopoly Committee of Ukraine (AMCU) is the 
Appeal Authority, which, in accordance with th e Law, has established a standing Administrative 
Board for consideration of the appeals against viol ations of the Law.  Decisions of the standing 
Administrative Board are made on behalf of the Antimonopoly Committee of Ukraine. 
 
 The standing Administrative Board for consider ation of the appeals against violations of the 
Law is composed of three state representatives of  the AMCU.  The Chairman of the standing 
Administrative Board of the AMCU should possess a higher law education.  A member of the standing Administrative Board if he is related to the complainant or the procuring entity may not 
participate in decision making in relation to the a ppeal and should be temporarily replaced by another 
representative of the AMCU appointed by the AMCU Chairman for the time of consideration of the 
said appeal.  Procedures for operation of the standi ng Administrative Board ar e specified by the Law 
of Ukraine On Antimonopoly Committee except as otherwise specified by the Law. 
  A decision of the Appeal Authority may be ch allenged by the complainant or the procuring 
entity before the Administrative District Court of  Kyiv.  The limitation period for challenging the 
decisions of the Appeal Authority is, according to the Law, 30 days fro m the date of the said decision.  
This limitation period may not be revised.   Appeals in relation to the award of contracts that have already been concluded procurement 
contracts are considered by the court. 
 GPA/ACC/UKR/2 
Page 22  
 
 (iii) What is the applicable law by ref erence to which the challenge body will 
examine complaints? 
 
 The Appeal Authority while considering the appeals is guided in particular by the Constitution of Ukraine, the Commercial Code of Uk raine, the Civil Code of Ukraine and the Law. 
 
 (iv) Which rapid interim measures are provided to correct breaches of the 
Agreement and to preserve commercial opportunities? 
   - Do these measures include the po ssibility to suspend the procurement 
 process?  On what conditions? 
 
 Filing of an appeal does not suspend the pr ocurement proceeding unless the Appeal Authority 
decides to suspend the procurement proceeding.  In any event it is forbidden to conclude the 
procurement contract during the pe ndency of the appeal proceeding. 
 
 If the procuring entity removes the violation speci fied in the appeal, then the procuring entity 
should within one working day after removal of the violation notify the Appeal Authority about it by 
providing relevant documentary evidence of the rem oval of the violation.  After removal of the 
violation and receipt by the Appeal Authority of  the documentary evidence of the removal of the 
violation the Appeal Authority cancels the suspension of the procurement proceeding. 
 
 According to paragraph 3 of Article 18, when  the procuring entity receives a request to 
remove a violation during the procurement pro ceeding, the procuring entity may voluntarily take 
appropriate measures including suspension of th e procurement proceeding for settling the issue 
indicated in the request.  Submission of the request to the procuring entity does not deprive the person 
of the right to file an appeal with the Appeal Authority.  The procuring entity should notify all 
concerned persons about the decision made in relation to the request.  In case of the filing an appeal 
against the same procurement proceeding, the pr ocuring entity should notify the Appeal Authority 
about the measures taken.   The filing of an appeal with the Appeal Au thority does not require a prior request to the 
procuring entity for removal of the viol ation during the procurement proceeding. 
 
 (v) How do challenge procedures provide  for correction of the Agreement?  What 
types of compensation for loss or da mages suffered can the challenge body 
order? 
 
 The Appeal Authority has the right on its own initiative or by the application of the complainant to decide on suspension of the pr ocurement proceeding for the period required for 
making a decision on the appeal.  The Appeal Au thority should during one working day notify the 
State Treasury of Ukraine, the editorial board of the official bulletin on state procurement, the 
procuring entity and the complainant about suspension of the procurement proceeding. 
 
 The suspension of the procurement proceeding means that the procuring entity must suspend 
any acts or decisions regarding the procurement pr oceeding, including the suspension of any actions 
under the procurement contract if that was alread y concluded between the procuring entity and the 
winning bidder.  During suspension of the procuremen t proceeding the editorial board of the official 
bulletin on state procurement may not accept for publication information about the procurement 
proceeding that is suspended.  If the procuring en tity removes the violation specified in the appeal, 
then the procuring entity should within one working day following removal of the violation notify the Appeal Authority about it by providing relevant documentary evidence of the removal of the violation.  After removal of the violation and r eceipt by the Appeal Authority of the documentary  GPA/ACC/UKR/2 
 Page 23 
 
 
evidence of the removal of the violation the Appeal Authority cancels the suspension of the 
procurement proceeding.   After consideration of the appeal, the A ppeal Authority makes a decision either on 
recognition of or the absence of a violation of th e procurement procedure (including violation of the 
procedure for publication or non-publication of the information about state procurement specified by 
the Law) and on measures to be taken to remove vi olations, specifically to oblige the procuring entity 
to fully or partially cancel his decisions, pr ovide necessary documents, remove discriminatory 
conditions and, if it is impossible to improve the s ituation, to cancel the procurement proceeding. In 
cases specified by the law of Ukraine, decisions, documents and materials on procurement should be 
submitted to the supervision or law enforcement bodies. 
 
 (vi) Give any available information on  the time-periods for the stages of the 
challenge process, including to obtain interim measures and a final decision. 
  If the procuring entity receives a request accord ing to paragraph three of Article 18 of the 
Law the decision of the procuring entity made after co nsideration of the request may be appealed with 
the Appeal Authority or during 30 days  from the day of its filing to the court.  This limitation period 
of time may not be reviewed.   Appeals may be filed with the Appeal Authority not later than during 14 days  from the date 
of receipt by the complainant of notice about the decision or action of the procuring entity that 
violates the rights or legal interests of the comp lainant or from the day the complainant becomes 
aware about the violation of his rights and legal interests by the made decision, action or inactivity of the procuring entity but prior to the conclusion of th e procurement agreement.  Appeals related to the 
tender documentation may be filed any time  after publication of the notification on their conducting 
but not later than the deadline  for submitting the tender bids. 
   The date of the registration of the appeal  by the Appeal Authority should be the date 
of its filing.   The Appeal Authority should within  not more than three days  following receipt of the 
appeal notify the complainant and the procuring ent ity about the time and place of the consideration 
of the appeal.   The Appeal Authority should make a justified decision within 30 working days  from the day 
of the registration of the appeal. 
 
 (vii) What are the usual costs to cond uct a challenge procedure?  Are there 
possibilities foreseen to do so free of charge? 
 
 The filing of an appeal with the Appeal Aut hority is subject to a payment dedicated to the 
special fund of the state budget of Ukraine.  The amount of the payment is Hrv 5,000 in case of appeal 
against a procurement proceeding for goods and services and Hrv 15,000 in case of appeal against a 
procurement proceeding for works.   The Law does not provide for a free appealing procedure.  GPA/ACC/UKR/2 
Page 24  
 
VII. OTHER MATTERS 
35. To what extent is information technology  being used in the process of government 
procurement?  Are notices of invitations to tend er and/or notices of contract awards published 
electronically?  Please provide the address of such electronic publications. 
 In July 2008 the national web-portal on state procurement ( www.tender.me.gov.ua ) was 
initiated.  It contains information about the state pr ocurement that is subject to mandatory publication 
according to the effective legislation in this sphere.   The web-portal complies with information protection requirements set by the legislation.  
 The editorial board of the information bulletin Visnyk Derzhavnykh Zakupivel and the 
procuring entity are assigned a number of special f unctions which involve registration of information 
to be published by operators of the information bulletin and by the procuring entities.  In this 
situation, the issue is paginated automatically avoi ding differences in the texts of the announcements 
located in the bulletin and on the web-portal. 
 
 Since the adoption of the Law a list of inform ation to be published on the web-portal has been 
considerably expanded:  in addition to the announ cements about procurement proceedings and their 
results the procuring entities should post on the web-portal the electronic version of the bidding documents.  36. Is there a contact point in your country for responding to enquiries from suppliers, 
other governments and the wider public relating to laws, regulations and procedures and practices regarding government procurement at th e central and/or sub-central level?  Please 
provide the address. 
 According to Article 8 of the Law, the Ministry of Economy as the Authorized Agency in the 
sphere of state procurement is assigned the following functions: 
  - provision of free methodological support to the procuring entities including answers 
to the questions of the concerned bodies about the procurement procedure.  The 
answers are of a non-binding nature; 
 
 - explanation of application of la ws in the sphere of procurement; 
  - providing information to the public about st ate policy and rules in the sphere of state 
procurement. 
 
 Official address of the Ministry of Economy:  01008, Kyiv-8, Hrushevskoho st, 12/2. 
  GPA/ACC/UKR/2 
 Page 25 
 
 
 
ANNEX 1 
 
GOVERNMENT PROCUREMENT OF GOOD S, WORKS AND SERVICES IN 2009 
 
 
 According to the information provided per th e Form N 1- trades (tenders) by the government 
statistics surveillance for the first six months, the 2009 Government Procurement of Goods, Works 
and Services Report, Clients completed 83,313 procurement procedures resulting in 
Hrv 105,268,302.7 thousand worth of contracts for the procurement  of works, goods and services at 
the expense of: 
 
 the State Budget of Ukraine:  Hrv 23,993,156.50 thousand (22.8%); 
 the Budget of the Crimean Autonomous Repub lic:  Hrv 204,892.40 thousand (0.2%); 
 local budgets:  Hrv 13,635,599.80 thousand (13.0%); 
 the National Bank of Ukraine:  Hrv 216,423.10 thousand (0.2%); 
 the Pension Fund of Ukraine:  Hrv 141,234.30 thousand (0.1%); 
 the Social Insurance Funds:  Hrv 428,197.60 thousand (0.4%); 
 the State Earmarked Funds:  Hrv 62,164.70 thousand (0.1%); 
 the State credit resources:  Hrv 20,206.30 thousand (0.02%); 
 state, public, communal enterprises:  Hrv 31,359,720.40 th ousand (29.8%); 
 business partnerships with the state holdi ng over 50% ownership - Hrv 35,206,707.60 
thousand (33.4%). 
  The competitive procedures accounted for 97. 07% of all government procurement procedures 
that occurred in 2009, while a share of contract ual values resulting from such procedures was 71.5% 
of the total volume of government procurement.   The total expenditures in connection w ith the concluded contracts in 2009 was 
Hrv 52,093,437.4 thousand of which 63.9%, was allocated for the purchase of goods, 15.7% for 
works performed and 20.4% for services. 
  Over 2010, the Minpalyvenergo (the Ministry  of Fuel and Energy) with its organizations 
entered into the biggest number of contracts for the total amount of Hrv 35,336,812.50 thousand (33.6%), and is followed by the Ministry of Transport and Communications:  Hrv 23,907,280 thousand (22.7%), the Ministry  of Coal Industry:  Hrv 9,888,366.10 thousand (9.4%), the Ukraine's 
Motor Road Agency:  Hrv 7,017,011.60 thousand (6.7 %), and the Kyiv State City Administration:  
Hrv 3,928,951.90 thousand (3.7%). GPA/ACC/UKR/2 
Page 26  
 
ANNEX 2 
 
GOVERNMENT PROCUREMENT OF GOOD S, WORKS AND SERVICES IN 2010 
 
 
 According to the information provided per th e Form N 1- trades (tenders) by the government 
statistics surveillance for the first six months, the 2010 Government Procurement of Goods, Works 
and Services Report, Clients completed 95,361 procurement procedures resulting in 
Hrv 172,121,948.3 thous and worth of contracts for procurement of works, goods and services at the 
expense of: 
 
 the State Budget of Ukraine:  Hrv 23,058,110.1 thousand (13.4%); 
 the Budget of the Crimean Autonomous Re public:  Hrv 364,138.2 thousand (0.2%); 
 local budgets:  Hrv 13,394,380.6 thousand (13.0%); 
 the National Bank of Ukraine:  Hrv 549,810.1 thousand (0.3%); 
 the Pension Fund of Ukraine:  Hrv 88,655.6 thousand (0.1%); 
 the Asocial Insurance Funds:  Hrv 1,516,238.5 thousand (0.9%); 
 the State Earmarked Funds:  Hrv 81,090.3 thousand (0.05%); 
 the State credit resources:  Hrv 359,323.7 thousand (0.2%); 
 state, public, communal enterprises:  Hrv 58,952,848.7 thousand (34.3%); 
 business partnerships with the state holding over 50% ownership:  Hrv 73,757,352.5 
thousand (42.9%). 
  The competitive procedures accounted for 97. 07% of all government procurement procedures 
that occurred in 2010 while a share of contractua l values resulting from such procedures hit 59.3% of 
the total volume of government procurement.   The total expenditures in connection with the concluded contracts in 2010 amounted to Hrv 77,396,050.5 thousand, of which 72.65% wa s allocated for the purchase of goods, 12.34% for 
works performed and 15.01% for services. 
 
 During 2010, the Minpalyvenergo (the Ministry of Fuel and Energy) with its organizations 
entered into the biggest number of contracts for the total amount of Hrv 72,476,847.50 thousand (42.11%), and is followed by the Ministry  of Communications:  Hrv 38,262,050 thousand (22.23%), 
the Ministry of Coal Industry:  Hrv 15,762,574.7 thousand (9.16%), Ukraine's Motor Road Agency:  
Hrv 6,808,289.6 thousand (3.96%), the Kyiv State City Administration:  Hrv 3,407,555.7 thousand 
(1.98%) and the Donetsk Oblast State Administration:  Hrv 2,937,394.3 thousand (1.71%).  GPA/ACC/UKR/2 
 Page 27 
 
 
ANNEX 3 
 
Presidential order of Ukraine  
9 December 2010, No. 1085/2010 
 
ORGANIZATION AND INTERACTION  OF THE CENTRAL BODIES  
OF EXECUTIVE POWER 
 
 
I.  MINISTRIES: 
 
The Ministry of Agrarian Policy and Food of Ukraine The Ministry of Internal Affairs of Ukraine The Ministry of Ecology and Natural Resources of Ukraine The Ministry of Economic Development and Trade of Ukraine 
The Ministry of Energy and Coal Industry of Ukraine 
The Ministry of Foreign Affairs  of  Ukraine The Ministry of Infrastructure of Ukraine The Ministry of Culture of Ukraine The Ministry of Emergencies of Ukraine The Ministry of Defense of Ukraine 
The Ministry of Education and Science, Youth and Sports of Ukraine 
The Ministry of Health of Ukraine The Ministry of Regional Development, Construc tion and Housing and Communal Affairs of Ukraine 
The Ministry of Social Policy of Ukraine The Ministry of Finance of Ukraine 
The Ministry of Justice of Ukraine 
 
II.  CENTRAL EXECUTIVE POWER BODIES: 
 
The State Aviation Service of Ukraine The State Motor Transport Service of Ukraine 
The State Archive Service of Ukraine 
The State Veterinary and Phyt osanitary Service of Ukraine 
The State Executive Service of Ukraine The State Treasury Service of Ukraine The State Customs Service of Ukraine 
The State Migration Service of Ukraine 
The State Penitentiary Service of Ukraine The State Tax Service of Ukraine The State Probation Service of Ukraine The State Registration Service of Ukraine The State Sanitary and Epidemiological Service of Ukraine 
The State Motor Road Service of Ukraine 
The State Geological Service of Ukraine The State Service of Mining Supervisi on and Industrial Safety of Ukraine 
The State Service of Export Control of Ukraine The State Service of Ukraine for C itizens with Disability and Veterans 
 
The State Communications Service of Ukraine The State Service for Intellectual Property of Ukraine The State Service for Youth and Sports of Ukraine The State Marine and River Transportation Service of Ukraine 
The State Statistics Service of Ukraine GPA/ACC/UKR/2 
Page 28  
 
The State Technical Regulation Service of Ukraine The State Service of Ukraine for Medicines and Drugs Control The State Personal Data Protection Service of Ukraine The State Anti-HIV/AIDS and Other Socially Dangerous Diseases Service of Ukraine The State Financial Monitoring Service of Ukraine 
The State Agency for Water Resources of Ukraine 
The State Agency for Ecologi cal Investment of Ukraine 
The State Agency for Energy Efficien cy and Energy Saving of  Ukraine 
The State Agency for Investments and National Project Management of Ukraine The State Agency for Science, Innovation and Information of Ukraine 
The State Land Resources Agency of Ukraine 
The State Forestry Resources Agency of Ukraine The State Reserve Agency of Ukraine The State Agency for Fishery of Ukraine 
The State Cinema Agency of Ukraine 
The State Agency for the Management of the St ate Corporate Rights and Properties of Ukraine 
The State Agency of Ukraine for the Management of the Alienation Zone The State Space Agency of Ukraine The State Architectural and Construction Inspection of Ukraine The State Ecological Inspectorate of Ukraine The State Agricultural In spectorate of Ukraine 
The State Inspectorate of Ukraine for Technogenic Disasters 
The State Labor Inspectorate of Ukraine The State Inspectorate for Nuclear Regulation of Ukraine The State Finance Inspectorate of Ukraine The Administration of the State Border Service of Ukraine 
The Administration of the State Service for Special  Communications and Data Protection of Ukraine 
The State Financial Market Regulation Commission of Ukraine The National Agency for the 2 012 European Cup Preparation and Infrastructure Projects 
Implementation The Pension Fund of Ukraine  
III.  THE CENTRAL EXECUTIVE POWER BODIES WITH A SPECIAL STATUS 
 
The Antimonopoly Committee of Ukraine The State Committee for television and Broadcasting of Ukraine The State Property Fund of Ukraine 
 
IV.  THE STATE EXECUTIVE POWER BODI ES COORDINATED AND DIRECTED BY 
THE CABINET OF MINISTERS OF UKRAINE THROUGH THE MEMBERS OF THE 
CABINET OF MINISTERS OF UKRAINE: 
 
(1) Through the First Vice-Prime Minister of Ukraine - the Minister of Economic Development 
and Trade of Ukraine: 
 The State Service of Export Control of Ukraine The State Statistical Service of Ukraine The State Service of Technical Regulation of Ukraine 
The State Agency for Energy Effici ency and Energy Saving of Ukraine 
The State Agency for Investments and National Project Management of Ukraine The State Reserve Agency of Ukraine The State Agency for the Management of the St ate Corporate Rights and Properties of Ukraine 
  GPA/ACC/UKR/2 
 Page 29 
 
 
(2) Through the Vice-Prime Minister of Ukraine - The Minister of Infrastructure of Ukraine: 
 The State Aviation Service of Ukraine The State Motor Transport Service of Ukraine The State Motor Road Service of Ukraine 
The State Communications Service of Ukraine 
The State Service of Marine and River Transport of Ukraine The National Agency for the 2 012 European Cup Preparation and Infrastructure Projects 
Implementation  
(3) Through the Vice-Prime Minister of Ukrain e - the Minister of Regional Development, 
Construction and Housing and Co mmunal Affairs of Ukraine: 
 The State Architectural and Construction Inspection of Ukraine  
(4) Through the Vice-Prime Minister of Ukraine - the Minister of Social Policy of Ukraine: 
 The State Service of Ukraine for C itizens with Disability and Veterans 
The State Labor Inspectorate of Ukraine The Pension Fund of Ukraine  
(5) Through the Minister of Agrari an Policy and Food of Ukraine: 
 
The State Veterinary and Phyt osanitary Service of Ukraine 
The State Land Resources Agency of Ukraine The State Forestry Resources Agency of Ukraine The State Fishery Agency of Ukraine The State Agricultural In spectorate of Ukraine 
 
(6) Through the Minister of Internal Affairs of Ukraine: 
 The State Migration Service of Ukraine  (7) Through the Minister of Culture of Ukraine: 
 
The State Cinema Agency of Ukraine  (8) Through the Minister of Emergencies of Ukraine:  The State Service of Mining Supervisi on and Industrial Safety of Ukraine 
The State Agency for the Management of the Alienation Zone of Ukraine 
The State Inspectorate of Ukraine for Technogenic Disasters  (9) Through the Minister of Education and Science, Youth and Sports of Ukraine: 
 
The State Intellectual Property Service of Ukraine 
The State Service for Youth and Sports of Ukraine The State Agency for Science, Innovation and Information of Ukraine  
(10) Through the Minister of Health of Ukraine: 
 The State Sanitary and Epidem iological Service of Ukraine 
The State Service of Ukraine on Medicines and Drugs Control GPA/ACC/UKR/2 
Page 30  
 
 
The State Anti-HIV/AIDS and Other Socially  Dangerous Diseases Service of Ukraine 
 (11) Through the Minister  of Ecology and Natural Resources of Ukraine: 
 
The State Geological Service of Ukraine 
The State Agency of Water Resources of Ukraine The State Agency of Ecologi cal Investments of Ukraine 
The State Ecological Inspectorate of Ukraine 
 
(12) Through the Minister of Finance of Ukraine: 
 
The State Treasury Service of Ukraine The State Customs Service of Ukraine The State Tax Service of Ukraine 
The State Probation Service of Ukraine 
The State Financial Monitoring Service of Ukraine The State Financial Inspectorate of Ukraine  (13) Through the Minister of Justice of Ukraine:  
The State Archive Service of Ukraine 
The State Executive Service of Ukraine The State Penitentiary Service of Ukraine The State Registration Service of Ukraine The State Service of Ukraine for Protection of Personal data 
 
The Head of the Ukraine President's Administration S. Liovochkin  
__________