RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 23, 2016 No. 928

About realization of pilot project on the organization of activities of the centralized purchasing organization

Cabinet of Ministers of Ukraine decides:

1. Agree with the offer of the Ministry of Economic Development and Trade on realization till December 31, 2017 of pilot project on the organization of activities of the centralized purchasing organization (further - pilot project) according to Item 36 parts one of article 1 of the Law of Ukraine "About public purchases".

2. Approve the Procedure for realization of pilot project on the organization of activities of the centralized purchasing organization which is applied.

3. Take into consideration that in case of realization of pilot project:

The secretariat of the Cabinet of Ministers of Ukraine and the central executive bodies independently make the decision on participation in its realization;

the centralized purchasing organization can conduct procurement of goods and services according to the list approved by the Ministry of Economic Development and Trade;

the centralized purchasing organization will organize and carries out procedures of purchases and purchase for the framework agreements for the benefit of the Secretariat of the Cabinet of Ministers of Ukraine and the central executive bodies on a grant basis.

4. To the Ministry of economic development and trade:

determine the legal entity belonging to the sphere of management of the Ministry responsible for accomplishment of functions of the centralized purchasing organization within realization of pilot project;

promulgate information on realization of pilot project on the official website;

tax till March 31, 2018. To the Cabinet of Ministers of Ukraine report on results of realization of pilot project.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 23, 2016, No. 928

Procedure for realization of pilot project on the organization of activities of the centralized purchasing organization

1. This Procedure determines features of activities of the centralized purchasing organization (further - the purchasing organization) for the benefit of the Secretariat of the Cabinet of Ministers of Ukraine and the central executive bodies (further customers) within realization of pilot project by the organization of activities of the purchasing organization (further - pilot project).

2. In this Procedure the terms "the web portal of Authorized body concerning purchases", "purchase agreement", "purchase", "services", "purchase subject", "public purchase", "framework agreement", "goods" are used in the value given in the Law of Ukraine "About public purchases" (further - the Law).

3. In case of realization of pilot project the purchasing organization and customers are guided by the Constitution and the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, other acts of the legislation.

4. The purchasing organization acquires all rights and obligations of customers which are determined by the Law, and bears responsibility according to the laws.

The purchasing organization for the benefit of customers will promulgate information on purchase, determines procurement procedure, considers and makes the decision according to claims of subjects of appeal of procurement procedure, makes explanations according to the tender documentation and eliminates violations of procurement procedure, considers tender offers, addresses for confirmation of information provided by participants of procurement procedure in public authorities, the companies, organizations and the organizations according to their competence, determines the winner and makes the decision on intention to sign the contract with it.

The purchasing organization makes the decision on cancellation of the biddings or recognition their cancelled according to requirements of the Law.

5. Customers independently determine the need for purchase of goods and services and provide the relevant information of the purchasing organization in electronic form in the form established by the purchasing organization.

6. The term and data representation form are specified by the purchasing organization in the message which is placed on the web portal of Authorized body concerning purchases in the Section "Activities of the Centralized Purchasing Organization".

7. The purchasing organization analyzes and generalizes the acquired information and places on the web portal of Authorized body concerning purchases in the Section "Activities of the Centralized Purchasing Organization" the summary sheet in purchase objects.

The purchasing organization determines the term during which clients can submit the proposals and amendments to the summary sheet and in case of need holds consultations with them on refining of the main characteristics and the other information necessary for preparation of the tender documentation, including criteria for evaluation, quantities and deliveries of goods or provision of services, delivery dates of goods and services, conditions of the framework agreement and essential terms of the contract about purchase.

8. Based on information obtained from customers the purchasing organization creates the annual plan of purchases of the purchasing organization according to the order of the Ministry of Economic Development of March 22, 2016 No. 490 "About approval of document forms in the sphere of public purchases".

9. The purchasing organization separately publishes on the web portal of Authorized body concerning purchases:

1) the annual plan, appendix to the annual plan and changes in them on purchase of goods, works and services for ensuring the activities;

2) the annual plan, appendix to the annual plan and changes in them on purchase of goods and services for the benefit of other customers.

10. The customer makes changes to the annual plan of purchases within five days from the moment of promulgation of the annual plan of purchases of the purchasing organization for the benefit of customers regarding purchase subject exception which is included in the annual plan of purchases of the purchasing organization for the benefit of customers.

11. The customer has the right to refuse services of the purchasing organization and to conduct independently purchase concerning the chosen purchase subject. The customer in writing with indication of the reasons reports to the purchasing organization no later than day of publication by the purchasing organization of the announcement of holding procurement procedure about it.

12. In day of the publication on the web portal of Authorized body concerning purchases of the message on intention to sign the purchase agreement the purchasing organization reports to the customer about need of the conclusion of the purchase agreement by results of the carried-out procurement procedure in the terms determined in the Law.

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