of February 28, 2022 No. 169
Some questions of implementation of defense and public purchases of goods, works and services in the conditions of warlike situation
According to article 64 of the Constitution of Ukraine, article 12-1 of the Law of Ukraine "About legal regime of warlike situation", to Item 3 parts one of article 4 of the Law of Ukraine "About defense purchases", to the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:
1) defense and public purchases of goods, works and services are performed without application of procedures of the purchases and the simplified purchases determined by the Laws of Ukraine "About public purchases" and "About defense purchases";
The customer can conduct public procurements which cost does not exceed 50 thousand hryvnias, with use of electronic purchasing system, including with use of electronic catalogs. In case of implementation of purchases which cost does not exceed 50 thousand hryvnias without use of electronic purchasing system the customer surely adheres to the principles of implementation of public purchases, does not enter data on purchase in the annual plan and will not promulgate the report on the purchase agreement concluded without use of electronic purchasing system in electronic purchasing system;
2) lists and purchasing amounts of goods, works and services are determined by decisions of customers / the state customers who conduct such procurements;
3) when implementing the purchases provided by paragraph one of the subitem of 1 this Item:
customers shall according to the Law of Ukraine "About public purchases" adhere to the principles of implementation of public purchases;
the state customers in the field of defense shall according to the Law of Ukraine "About defense purchases" adhere to such principles of implementation of defense purchases:
timeliness and compliance to the made decisions on protection of national interests of Ukraine, ensuring requirements of safety and defense;
efficiency of use of means, effectiveness.
Such purchases do not join in the annual plan of purchases. By results of their implementation the customer / the state customer publishes the report on the purchase agreement signed without use of electronic purchasing system, the purchase agreement and all appendices to it no later than in 20 days from the date of the termination or cancellation of warlike situation in Ukraine or in its certain areas in electronic purchasing system. The requirement about promulgation is not applied to agreements which contain information with limited access;
4) No. 201 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 05.03.2022
5) advance payment of goods, works and services of defense appointment is performed for term and in the sizes determined by the state customers in the field of defense in public contracts (agreements) on purchase of goods, works and services;
5-1) military authorities during purchase of individual protection equipment can perform advance payment for term and in the sizes determined in purchase agreements of goods and services;
6) action of item 4 and paragraph two of Item 6 of the resolution of the Cabinet of Ministers of Ukraine of December 4, 2019 No. 1070 "Some questions of implementation by managers (receivers) of budgetary funds of advance payment of the goods, works and services which are purchased for budgetary funds" (The Official Bulletin of Ukraine, 2020, No. 2, of the Art. 64) does not extend to the state customers in the field of defense and military authorities during implementation of advance payment according to subitem 5-1;
7) the state customers in the field of defense for implementation of advance payment on capital expenditures and according to public contracts (agreements) can transfer in case of need funds to suppliers of goods, contractors and service providers (except nonresidents) into the accounts opened on their name in national banks with subsequent use of the specified funds only for the purposes determined by public contracts (agreements) on purchase of goods, works and services with provision of supporting documents.
The purchase agreement is signed according to regulations of Civil and Economic codes of Ukraine. Agreement parties about purchase which consists according to paragraph one of the subitem 1 of Item 1 of this resolution can determine that conditions of such agreement are applied to the relations which arose between the parties before entry into force of this resolution is exclusive if at the time of entry into force of this resolution the customer on purchase of the subject of purchase provided by the purchase agreement had conditions for application of negotiation procurement procedure determined by Items 2, of 4, 5 parts two of article 40 of the Law of Ukraine "About public purchases" or there are conditions for non-use of procedure for carrying out the simplified purchases, 5 parts seven of article 3 of the Law of Ukraine determined by Items 2, of 4, "About public purchases".
Prime Minister of Ukraine
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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