AntAC calls for withdrawal of draft law that harms public procurements

The AntAC calls for a withdrawal of draft law No.6537, which increases the upper threshold of simplified procurements by a local budget to 500,000 UAH. On January 21, the document was registered by MPs of the Dovira group.

Currently, simplified purchases of goods and services are considered to be purchases ranging from 50,000 to 200,000 UAH. They can be conducted without a tender.

MPs want the thresholds for simplified procurement to change when purchasing:

  • fuels and lubricants, natural gas, electricity and heat, coal;
  • food products for healthcare, educational and social institutions;
  • transportation services to and from educational institutions;
  • services for the development of design and estimate documentation required for the current repair of buildings and structures that are in communal ownership.

According to the authors of the draft law, there is an urgent need at the legislative level to remove obstacles to the prompt implementation of functions to meet the needs of communities to receive vital services from local budgets, especially in the situation of coronavirus and quarantine.

“Such statements are surprising. It is unclear what the obstacles are. After all, the formation of a procurement plan is based on the principle of detailed planning. In exceptional cases, the specific list of which is determined by law, customers have the right to conduct a negotiated procurement procedure, concluding direct contracts without bidding, “- the AntAC’s lawyer Denys Svyrydenko said.

Moreover, the law already stipulates that the procurement of goods, works and services aimed at preventing the coronavirus epidemic is carried out in the form of simplified procurement without an upper threshold. Medicines, medical equipment, medical gases to combat COVID-19 can generally be purchased under direct contracts without bidding.

We agree that the thresholds for procurement may need to be revised, and the Ministry of Economy has published a draft law on this issue. But it is not necessary to make exceptions only for a certain type of customers and refer to obstacles.

It is worth recalling that despite the efficiency of simplified procurement, they have their drawbacks.

Thus, in case of abuses and violations during simplified procurement, they cannot be appealed to the AMCU. Also, in the case of simplified procurement, there is no rule that allows participants to correct formal errors in their proposals. All this provides opportunities for abuse by unscrupulous customers.

As the experience of the AntAC shows, it is communal entities s that are often such unscrupulous customers.

Sometimes local customers stubbornly do not want to see the connection between the participants in the tender or buy goods with huge overpayments. This way local budget funds are often being stolen.

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