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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 20, 2021 No. 909

About procedure for carrying out concessionary tender and competitive dialogue in electronic trading system

According to the paragraph of third of part three of Article 6, of the paragraph of the sixth of part one of Article 10, of the paragraph of the eighth of part one of Article 11, of the paragraph of third of part five of Article 14 parts six of article 16 of paragraph two of part seven of Article 17 and part six of article 18 of the Law of Ukraine "About concession" the Cabinet of Ministers of Ukraine DECIDES: 13 parts six of Article

1. Approve the Procedure for carrying out concessionary tender and competitive dialogue in electronic trading system (further - the Procedure) which is applied.

2. Determine responsible for ensuring functioning of electronic trading system - the administrator of electronic trading system (further - the administrator):

1) PROZORRO.PRODAZHI joint-stock company - for carrying out concessionary tender without carrying out preliminary selection (retraining) on projects which are performed on the terms of concession which cost determined in the feasibility statement on implementation of public-private partnership in the form of concession constitutes less than 250000000 hryvnias, and for the publication of documents in the procedure of direct negotiations with the lessee of state-owned property;

2) the state company "Prozorro" - for carrying out concessionary tender, competitive dialogue on projects which cost determined in the feasibility statement on implementation of public-private partnership in the form of concession is equal or exceeds 250 000 000 hryvnias, and on projects with carrying out preliminary selection (prekvalifikation) irrespective of their cost.

3. Determine that:

1) till January 1, 2025 according to the decision of the concessor of carrying out concessionary tender, competitive dialogue, the publication of documents in the procedure of direct negotiations with the lessee of the state-owned property transferred to concession can be performed with use of electronic trading system according to Procedure;

2) since January 1, 2024 carrying out all concessionary tenders, competitive dialogue, the publication of documents in the procedure of direct negotiations with the lessee of the state-owned property transferred to concession it is performed with use of electronic trading system according to Procedure;

3) completion of concessionary tenders, competitive dialogue, procedures of the direct negotiations with the lessee of the state-owned property transferred to concession, begun about day of the beginning of functioning of electronic trading system, and the conclusion of concession treaties by results of their carrying out are performed with use of the procedure according to which they are begun;

4) to the concession treaties signed by results of concessionary tender, competitive dialogue, procedures of the direct negotiations with the lessee of the state-owned property transferred to concession, begun before entry into force of this resolution the provisions concerning publication of the signed concession treaty in electronic trading system provided by Procedure are applied;

5) before emergence of the corresponding technical capability in electronic trading system the Procedure is applied taking into account the following features:

regarding use of the digital signature based on the qualified certificate of open key, the nonresident - by provision of the power of attorney (power of attorney) to resident on creation and submission of documents and data, making of other actions on behalf of the nonresident in electronic trading system taking into account requirements of the Laws of Ukraine "About electronic documents and electronic document management" and "About electronic confidential services";

regarding agreement signature about confidentiality of provided information with use of the digital signature based on the qualified certificate of open key - by loading in electronic trading system of the electronic copy of the original (photocopy) of the agreement on confidentiality of provided information in paper form;

regarding placement of information in the virtual room in data of electronic trading system - by placement of information on the protected compliance with the legislation Internet resource, the reference to which is surely placed in electronic trading system.

The administrator reports about emergence of technical capability in electronic trading system by promulgation of the relevant information on the single state web portal of open data and on own website according to the Law of Ukraine "About access to public information", but no later than January 1, 2024.

4. Make change to Item 8 of the Procedure for carrying out efficiency analysis of implementation of the public-private partnership approved by the resolution of the Cabinet of Ministers of Ukraine of April 11, 2011 No. 384 "Some questions of the organization of implementation of public-private partnership" (The Official Bulletin of Ukraine, 2011, No. 28, Art. 1168; 2020, No. 35, the Art. 1166), having added it after the paragraph of the tenth with the new paragraph of the following content:

"Project cost;".

With respect thereto the eleventh - the twentieth to consider paragraphs respectively paragraphs the twelfth - the twenty first.

5. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of December 9, 2020 No. 1210 "Some questions of use of electronic trading system for carrying out concessionary tenders" (The Official Bulletin of Ukraine, 2020, No. 101, the Art. 3271).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 20, 2021, No. 909

Procedure for carrying out concessionary tender and competitive dialogue in electronic trading system

General part

1. This Procedure determines the mechanism of carrying out concessionary tender, competitive dialogue and the publication of documents in the procedure of direct negotiations with the lessee of the state-owned property transferred to concession with use of electronic trading system, including procedure for functioning, cases of use of electronic trading system for carrying out concessionary tenders, the size, procedure, payment due dates and return of remuneration of the operator of an electronic trading platform according to provisions of the Law of Ukraine "About concession" (further - the Law).

2. In this Procedure terms are used in such value:

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