MEDT proposes to simplify the mechanism for conducting government procurement on electronic platforms

The government is once again proposing to abandon the never-implemented procedure for conducting electronic reverse trading. The Ministry of Economic Development and Trade proposed canceling the obligation of state-owned enterprises to purchase certain goods, works and services exclusively through online auctions. Experts note that over the past year the Cabinet of Ministers has been unable to agree on either technical regulations or operating procedures for the sites, which now makes their competitive selection impossible.

Photo: Oleg Kharseev, Kommersant / buy photo

The Ministry of Economic Development and Trade (MEDT) proposed changing the procedure for using electronic reverse bidding in the law “On Public Procurement”. Back in the summer of 2012, the Verkhovna Rada introduced into legislation a mechanism for government procurement of goods, works and services through electronic auctions. From January 1, 2013, the online procedure was required to be used by state-owned enterprises purchasing goods from the list approved by the Cabinet of Ministers, if the cost of purchasing goods and services exceeds UAH 100 thousand (in construction - UAH 300 thousand), works - 1 million UAH The government offered several options for the list, which included goods from office supplies to cars. However, during 2013, officials were still unable to determine its final version. Therefore, yesterday the Ministry of Economic Development and Trade proposed to cancel the mandatory norm and give enterprises the right to choose. The authorized body for control in the field of public procurement (MEDT) refuses scheduled and unscheduled inspections of operators of electronic platforms. Now he can apply penalties up to 1 thousand tax-free minimum incomes of citizens (17 thousand UAH).

The document provides for a new mechanism to guarantee the preservation of funds of participants in electronic trading. In the announcement of a procurement using the electronic procedure, it will be necessary to indicate not only the amount of security for the application, but also its type (guarantee, guarantee, earnest money, pledge, deposit), as well as the conditions for the provision of security. It is proposed to submit complaints to the Antimonopoly Committee no later than 10 days (now 14 days) after the participant learned about the violation. The provision on the possibility of filing complaints only by those whose rights or legitimate interests have been violated is removed. Director of the Department of State Procurement and State Order of the Ministry of Economic Development and Trade Andrei Ruban declined to comment. The ministry published a similar draft law a year ago. However, during this period neither the law nor technical regulations were adopted. This makes it impossible to register customers, conduct a competitive selection of electronic platforms or their operators. In 2013, the government could only determine how to maintain their register.

“The fact that neither customers nor the government want to do this is understandable. This procedure is more transparent, but now only after the fact you can see who bought what, for what money, and nothing can be done about it,” says the president of the Association of Entrepreneurs and industrialists - suppliers of goods, works and services for government needs Vladimir Dobroskok. He is sure that there should not be a right to choose a procedure.

An expert on public procurement issues of the EU project, Alexander Shatkovsky, notes that, unlike Ukraine, in Europe the electronic auction procedure is not described as a separate mechanism. “There, this is an element that can be used for open tenders. From Portugal to Macedonia and Kazakhstan, which are not EU members, there are no lists of goods,” he says. Mr. Shatkovsky is confident that initially the parliament adopted a “dead” norm, the implementation of which requires the adoption of 11 by-laws. “It was necessary to create conditions for participants and customers. After all, for example, not many customers have an electronic digital signature,” he notes. Former MEDT official Vladislav Zubar believes that the rule on the right to choose will help unblock the process of holding electronic auctions. In addition, it would include in the law the creation of a register of bad actors. “This is the responsibility of suppliers to customers. If you haven’t fulfilled something under the contract, then next time you won’t take part in government procurement. But this process should be transparent, and not the same as in the days of the Tender Chamber,” sums up Mr. Zubar .

Natalya Nepryakhina

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