Open bidding as a public procurement procedure

Abstract

Problem setting. According to Art. 12 Law of Ukraine “On Public Procurement” public procurement can be carried out by choosing one of the procurement procedures, such as: open bidding; competitive dialogue; negotiated procurement procedure. Each of these procedures has its own peculiarities. However, it should be noted that open bidding is the main procurement procedure. In this context, N. Shymko rightly points out that in connection with the signing of the Association Agreement with the EU, Ukraine has undertaken to bring its legislation in the field of public procurement in accordance with the rules of the European Union, which are regulated by a number of EU Directives. This means that, starting from the thresholds set out in the Agreement, public procurement procedures in Ukraine must follow the same rules as those for EU procurement. The minimum thresholds set by the Agreement are 133 thousand EUR for the purchase of goods and services and EUR 150 thousand for the procurement of works. Indeed, the Law establishes such thresholds for public procurement and establishes the obligation to publish a public procurement announcement in English. Analysis of scientific research. Despite the fact that the Law of Ukraine “On Public Procurement” was passed in 2015, only some aspects of their implementation are covered in scientific publications (A. Yu. Misak, O. O. Sergachyova, O. A. Stupnikov, etc.). In this article, we will focus on the implementation of a public procurement procedure such as open bidding. Therefore, the purpose of the article is to consider open bidding as a public procurement procedure. Article’s main body. According to Part 2 of Art. 12 of the Law, the contracting authority conducts open tenders (as well as other procurement procedures) through the use of an electronic procurement system. One of the key conditions for open bidding is the availability of tender documentation. It is significant that an open list of requirements to which such documentation must meet is enshrined in Art. 22 of the Law. On a positive note, the legislator bans requirements in the tender documents to restrict competition and discriminate against bidders. In our view, this approach is logical and promotes the principles of public procurement, such as equity and fairness. In addition, another aspect that deserves attention in this context is the ability of the contracting authority to state in the tender notice and in the tender documentation the requirements for the provision of the tender. Conclusions and prospects for development. The current legislation of Ukraine regulates the procedure of open bidding in sufficient detail. The stages of open bidding should include: 1) announcement of the open bidding procedure; 2) availability of tender documentation; 3) submission of the tender proposal; 4) opening, reviewing and evaluation of bids; 5) rejection of the tender offer; 6) cancellation of bidding or declaring them not to have taken place; 7) determining the winner and deciding whether to conclude a procurement contract. However, some of these stages are optional (they will not always take place when conducting open tenders), it is about rejecting the tender offer and canceling the tender or recognizing them as not having taken place.