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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

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".

2. Approve the Procedure for carrying out experiment on the organization of activities of the centralized purchasing organization which is applied.

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

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 14, 2017, No. 481

Procedure for carrying out experiment 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 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.

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