The transparency of public procurement impresses and amazes modern lawyers, and also causes them a lot of trouble when challenging the results of tenders. Although procurement legislation is moving towards unification, it is uncertain, clinging to a number of bylaws.
The provisions of the Law of Ukraine "On Public Procurement" according to which the procurement of goods, works and services through loans, loans, grants provided under international agreements of Ukraine, in particular, the European Bank for Reconstruction and Development (EBRD) is carried out in accordance with rules and procedures established by this organization.
Yes, well, where we are not. Each EBRD invitation to tender states that contracts based on procurement results are awarded according to the EBRD's Procurement Rules and Principles, which are relatively small in content. However, special attention needs to be paid to the tender documentation published by the Bank, which includes: detailed technical and financial requirements; all information by lots; expected benefits; eligibility criteria for procurement and qualification requirements; terms of contracts; communication requirements; and other information related to procurement.
Ignoring the EBRD rules and the tender documents based on them will inevitably lead to a loss of procurement advantage. A team of experienced Dynasty Law & Investment lawyers will help you avoid this
Alexey Grachev, lawyer of Dynasty Law & Investment