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Ministry of Justice of Ukraine

June 26, 2012

No. 1059/21371

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of April 24, 2012 No. 504

About features of the conclusion of the framework agreements

(as amended of the Order of the Ministry of Economic Development and Trade of Ukraine of 16.09.2014 No. 1112)

According to Item 19, parts one of Article 8 and part two of article 13 of the Law of Ukraine "About implementation of public procurements" PRIKAZYVAYU:

1. Approve Features of the conclusion of the framework agreements (are applied).

2. To provide to department of public procurements and state order submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. I reserve control over the implementation of this order.

4. This order becomes effective from the date of its official publication.

Minister

P. A. Poroshenko

 

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of April 24, 2012 No. 504

Features of the conclusion of the framework agreements

I. General provisions

1.1. The terms specified in these Features are applied in the values determined by the Law of Ukraine "About implementation of public procurements" (further - the Law).

1.2. The framework agreement is signed in writing according to provisions of the Civil code of Ukraine and the Economic code of Ukraine taking into account the features determined by the Law and these Features.

1.3. Procurement according to the framework agreements can independently be conducted by the customer or the general customer.

1.4. The framework agreement is signed:

in case of purchase execution according to the framework agreement the general customer - the general customer, all customers for the benefit of whom the procedure, and also the winner participant (winner participants) is carried out;

in case of purchase execution according to the framework agreement the customer - the customer and the winner participant (winner participants).

1.5. In case of refusal from signing or not signing of the framework agreement by one of the interested customers or winner participants in the terms established by these Features, the framework agreement it is considered the prisoner for those customers and members of winners who signed it.

II. Documentation of the competitive biddings, qualification documentation when purchasing on the framework agreement

2.1. Development, approval and promulgation of documentation of the competitive biddings, qualification documentation when purchasing on the framework agreement are performed according to the Law taking into account the features established in this Section.

2.2. Documentation of the competitive biddings shall contain:

subject of purchase of goods, services;

the name of goods, services according to the list of goods and services approved in accordance with the established procedure;

information determined by part two of article 22 of the Law. Goods quantity or the quantity (amount) of provision of services is specified approximate, proceeding from planned requirement of the customer for year (or the smaller period if the framework agreement is signed for the term of less than a year). Goods quantity or the quantity (amount) of provision of services is specified concerning each customer separately in case of purchase execution according to the framework agreement for the benefit of several customers. The place of delivery of goods or provision of services is specified concerning each customer separately in case of purchase execution according to the framework agreement for the benefit of several customers. Delivery date of goods, provision of services is specified the customer (the general customer) whenever possible. The draft agreement about purchase is surely attached to documentation of the competitive biddings if the customer (the general customer) determines in the framework agreement all essential terms of the contract about purchase;

information that all or not all essential terms of the contract about purchase the customer will determine in the framework agreement;

procedure for carrying out by the customer of negotiations with the participant in case not all essential terms of the contract about purchase are determined in the framework agreement and the framework agreement will be signed with one participant;

conditions and procedure for selection, competitive selection with obligatory specifying of criteria and techniques of selection or competitive selection in case not all essential terms of the contract about purchase are determined in the framework agreement in case of the conclusion of the framework agreement with several participants;

the term for which the framework agreement is signed;

conditions of termination of the framework agreement;

the draft of the framework agreement or the main conditions which shall be included in the framework agreement;

the term and procedure for the conclusion of the purchase agreement according to the framework agreement.

2.3. Documentation of the competitive biddings contains (if the customer (the general customer) according to Item 3.2 of the Section III of these Features plans to determine such conditions in the framework agreement):

specific requirements to purchase subject;

cases and procedure for change of the framework agreement.

2.4. Qualification documentation shall contain:

subject of purchase of goods, services;

the name of goods, services according to the list of goods and services approved in accordance with the established procedure;

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