RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 7, 2016 No. 915

About approval of the Procedure for authority delegation on holding negotiation procurement procedure

According to part six of article 11 of the Law of Ukraine "About features of implementation of purchases of goods, works and services for secured provision of requirements of defense" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for authority delegation on holding negotiation procurement procedure which is applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 7, 2016, No. 915

Procedure for authority delegation on holding negotiation procurement procedure

1. This Procedure determines the procedure of authority delegation on holding negotiation procurement procedure (further - authority delegation) for the Ministry of Defence and its prospecting body, other military forming and/or parts, the Ministry of Internal Affairs, the SSU, National guard, National police, the border service, Service of foreign intelligence, Gosspetssvyaz, State special transservice, GSChS, Management of the state protection (further - customers).

2. In this Procedure terms are used in the value given in the Law of Ukraine "About features of implementation of purchases of goods, works and services for secured provision of requirements of defense" (further - the Law) and the Law of Ukraine "About public purchases".

3. The authority delegation to one of the customers determined by Item of 1 this Procedure is performed according to the procedure of exception in case of impossibility of holding the negotiation procedure for procurement of goods, works and services due to the lack at the customer within more than 24 hours of Internet access caused by action of circumstances of the special period, anti-terrorist operation and emergency state.

4. In case of the circumstances specified in Procedure Item 3, the customer draws up the statement of impossibility of holding negotiation procedure for procurement of goods, works and services which is signed by members of tender committee or the authorized person (persons) appointed responsible for holding procedures for procurement of goods, works and services for secured provision of requirements of defense.

5. The authority delegation is performed based on the decision made by the customer in which are specified:

the name of the customer to which powers are delegated;

reasons for absence reasons of Internet access and need of authority delegation;

purchase subject, its technical, quality and quantity characteristics;

qualification criterions to participants of selection;

other necessary information.

6. The customer who delegates the powers sends to the customer to whom powers, the written address about need of holding negotiation procurement procedure to which the copy of the decision on authority delegation is attached are delegated.

7. In case of impossibility of implementation of the delegated power for the objective reasons the customer to whom powers are delegated immediately in writing reports about it to the customer who delegated powers.

8. The customer to whom powers are delegated shall not later than in three working days from the date of receipt of the address specified in Item 6 of this Procedure to make changes to the annual plan of purchases, to begin holding negotiation procurement procedure, having at the same time in writing notified the customer who delegated powers on its beginning.

The decision on the beginning of holding procurement procedure is made by tender committee or the authorized person (persons) of the customer to which powers are delegated.

9. The customer to whom powers are delegated in case of promulgation in electronic purchasing system of information on purchase (including the annual plan of purchases, the announcement of carrying out selection, etc.) without fail specifies the name of the customer who delegated powers, and also that the conclusion of the purchase agreement and accomplishment of the undertaken agreement obligations, including financial, will be performed by the customer who delegated powers.

10. The customer to whom powers are delegated shall provide objectivity and impartiality in decision making about the choice of the winner of the delegated negotiation procurement procedure.

11. Holding the delegated negotiation procurement procedure is performed free of charge.

12. For the purpose of the conclusion of the purchase agreement by results of the carried-out delegated procurement procedure the customer to whom powers are delegated within one working day from the moment of determination of the winner of procurement procedure reports the customer who delegated powers, about the winner of procurement procedure and transfers documents for the conclusion of the purchase agreement with it to terms, the stipulated in Article 7 Laws.

13. For promulgation of the purchase agreement in electronic purchasing system the customer who delegated powers sends within one working day from the moment of the conclusion of the purchase agreement its copy to the customer to whom powers are delegated.

14. In case of modification of the purchase agreement, its accomplishment or termination the customer who delegated powers, reports within one working day about it to the customer to whom powers for promulgation of the relevant information are delegated.

15. The customer who delegated the powers in case of restoring access to the Internet has the right about day of publication of the announcement of carrying out selection to refuse delegation of the powers and to independently carry out negotiation procurement procedure, having in writing notified on it the customer to whom powers are delegated.

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