of June 14, 2017 No. 481
About carrying out experiment on the organization of activities of the centralized purchasing organization in the territory of Donetsk region
Cabinet of Ministers of Ukraine decides:
1. Agree with offers of the Ministry of Economic Development and Trade and Donetsk regional public administration on carrying out till December 31, 2017 of experiment on the organization of activities of the centralized purchasing organization (further - experiment) according to Item 36 parts one of article 1 of the Law of Ukraine "About public purchases".
3. Take into consideration that during experiment:
1) customers who are located in the territory of Donetsk region (further customers) independently make the decision on participation in experiment which moves for consideration and affirms the Donetsk regional public administration;
The centralized purchasing organization will organize 2) and carries out procedures of purchases of works for the benefit of customers on a grant basis.
4. Donetsk regional public administration:
To determine 1) in coordination with the Ministry of Economic Development and Trade the legal entity of the public law, responsible for accomplishment of functions of the centralized purchasing organization within carrying out experiment, from among the municipal companies, organizations, the organizations which employees have the corresponding qualification, necessary knowledge and experience in the sphere of construction and purchase of works;
2) to promulgate information on carrying out experiment on the official website;
3) tax till March 31, 2018. To the Cabinet of Ministers of Ukraine the report on results of carrying out experiment which, in particular, shall contain data relatively:
the total amount of the carried-out procurement procedures with quantitative and cost indicators, the average number of the participants who participated in the specified procedures, differences between the expected cost of purchase and the amount of the signed agreements and also entering into purchase agreements of changes;
accounting of needs of persons with disability and other handicapped national groups when purchasing works on construction, reconstruction, restoration, repair, including capital repairs of subjects to public and civil appointment, subjects to improvement, road and transport infrastructure.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 14, 2017, No. 481
1. This Procedure determines features of activities of the centralized purchasing organization (further - the purchasing organization) for the benefit of customers who are located in the territory of Donetsk region (further - customers), within carrying out experiment by the organization of activities of the purchasing organization (further - experiment).
2. In this Procedure terms are used in the value given in the Law of Ukraine "About public purchases" (further - the Law).
3. When carrying out experiment 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 determined by the Law and bears responsibility according to the laws.
The purchasing organization for the benefit of customers will promulgate information on purchase, chooses procurement procedure, makes explanations according to the tender documentation, eliminates violations when holding procurement procedure, considers tender offers, addresses for confirmation of information provided by participants 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, carries out decisions of body of appeal and makes actions, directed to elimination of the violations specified in the claim.
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 works and give the relevant information of the purchasing organization in electronic form in the form established by such organization.
6. The term and data representation form are determined by the purchasing organization in the message which is posted on the official site of the Donetsk Regional State Administration.
7. 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".
8. 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 regarding purchase subject exception which is included in the annual plan of purchases of the purchasing organization.
9. 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 the moment of the publication of the announcement of holding procurement procedure about it.
10. Prior to holding procedures of purchases customers provide to the purchasing organization in paper and electronic type information on the main technical, quality and quantity characteristics of objects of purchase, term and the place of performance of works, and also lists of evaluation criteria which need to be included in the tender documentation and other information which the purchasing organization needs to consider when holding procedures of purchases. In case of need the purchasing organization can apply to the customer for the additional information necessary for holding procedures of purchases. Customers shall in time, determined by the purchasing organization in the address, to submit information necessary for holding procedures of purchases.
11. The tender documentation on purchase of works includes the obligatory information determined by article 22 of the Law, and the requirement to purchase subject taking into account needs of persons with disability and other handicapped national groups established according to the legislation, including regulating documents concerning construction (the state construction regulations).
12. The purchase agreement is signed by the customer and the winner of procurement procedure.
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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