REGULATIONS on the Procurement Procedure at SE "Odesa Port"
1. General Provisions
1.1. These Regulations on the procurement procedure at SE "Odesa Port" (hereinafter – the "Regulations") have been developed in accordance with the Law of Ukraine "On Amendments to the Law of Ukraine 'On Public Procurement' and Certain Legislative Acts of Ukraine to Improve Public Procurement" dated September 19, 2019, No. 114 (hereinafter – the "Law"), other legal acts, with the aim of regulating the procurement procedures at SE "Odesa Port" (hereinafter – the "Enterprise") depending on the procurement amount, defining the responsibilities of specific officials and departments during procurement, and more.
1.2. In the context of the Law of Ukraine "On Amendments to the Law of Ukraine 'On Public Procurement'...", the Enterprise qualifies as a contracting authority operating in specific sectors of the economy, namely – port service provision.
1.3. The procurement of goods, works, and services is carried out by the Enterprise using its own funds within the limits of the approved financial plan for the respective year.
1.4. Procurements are carried out under cost-incurring contracts for the procurement of goods, works, and services, which are concluded based on the results of procurement procedures in accordance with the Law.
1.5. The following terms are used in these Regulations: Initiating unit – an independent structural unit of the Enterprise (department, office) defined by the approved organizational structure, initiating the procurement of services or works; Executing unit – the procurement department responsible for procuring goods or services based on applications received from structural units. Other terms are used in the meanings defined by applicable legislation.
1.6. The subject of procurement is determined by responsible specialists of the initiating/executing unit and checked for compliance with the National Classifier "Unified Procurement Dictionary DK 021:2015" by specialists from the tender department.
1.7. The procurement of goods, works, and services is carried out in accordance with the Annual Procurement Plan. The draft Annual Procurement Plan is prepared by the Tender Department based on the draft procurement plans submitted by the structural units. These drafts must include the subject of procurement (specific name), the corresponding CPV code according to DK 021:2015, the estimated value of the procurement, and the approximate start date of the procurement procedure.
The consolidated Annual Procurement Plan is formed based on the submitted departmental plans. These plans must be developed within the limits of the expenditures allocated for the respective purposes in the enterprise’s (or unit’s) approved financial plan. Additionally, they must consider the feasibility and justification of procurement in line with production needs and existing contracts.
Heads of departments bear personal responsibility for the proper preparation of procurement plans by their respective units. This includes ensuring the appropriateness of the listed items and the volumes of goods, works, and services proposed for procurement.
Procurement plans submitted by departments must be signed off by the person responsible for their preparation, the head of the respective department, the assigned economist, the Head of the Economics and Tariff Regulation Department, and the Head of the Economic and Financial Affairs Service (to confirm alignment with the planned performance indicators for the reporting/planning year). They must also be approved by the Deputy Director responsible for the relevant area of activity.
Annual procurement plans are addressed to the Chair of the Tender Committee. In cases where simplified procurements are planned, the documents are addressed to the authorized person responsible for organizing and conducting simplified procurement procedures.
1.8. Amendments to the annual procurement plan are made upon written requests from initiating/executing departments, agreed with the economic and financial affairs service and the relevant deputy director.
1.9. Initiating units initiate procurement of services or works. For goods or services, the executing unit (procurement department) submits a procurement report (as per Appendix No. 1 or No. 2, depending on the procedure type) and a procurement document package.
Initiating departments submit procurement applications to the procurement department.
Applications must be approved by:
the department head (responsible for the rationale and quantities);
head of the fixed assets, inventory and capital investments accounting department;
head of the economic and financial affairs service.
The stated cost in the application is approximate and subject to clarification by the procurement department after market analysis.
1.10. Reports for procurement (Appendix No. 1 or No. 2) must be approved by:
- Deputy Director for Technical Affairs;
- Deputy Director for Economic Affairs;
- Head of the Material and Technical Supply Service;
- Tender Department (checking compliance with classifier and procurement plan);
- Economic and Financial Affairs Service (budget alignment).
1.11. The following package of documents must be attached to the procurement request:
- A justification of the feasibility of the procurement, prepared using the form provided in Appendix No. 3;
- Information signed by the head of the structural unit outlining the required technical, qualitative, and quantitative characteristics of the subject of procurement, as well as the qualification criteria for participants (such as availability of material and technical resources, personnel, etc.);
- A justification of the expected cost of procurement, prepared in accordance with the provisions of the Model Methodology for Determining the Expected Value of the Subject of Procurement, approved by Order of the Ministry of Economy dated 18.02.2020 No. 275;
- A draft procurement contract or a document containing the key (essential) terms of the contract.
The draft procurement contract must be mandatorily approved by the Legal and Contractual Affairs Department.
1.12. If any deficiencies are identified during approval, the documents are returned for revision.
If no issues are found, the approved documents are transferred to the tender department for preparing documentation and conducting the procurement.
1.13. Based on the report and documents, the tender department prepares and publishes the procurement documentation on the authorized web portal in accordance with the law.
1.14. Changes to procurement documents are made upon requests from structural units.
1.15. Based on the procurement results, a contract is signed following internal procedures and legislation.
1.16. If the procurement amount does not exceed UAH 49,999, a simplified report is submitted to the Director, approved by relevant services. Cost justification includes at least three commercial offers.
1.17. For procurements through ProZorro Market (centralized procurement organization), a report is submitted to the Director, approved by relevant officials, and the procurement is performed accordingly.
2. Features of Procurement under the Law of Ukraine "On Public Procurement"
2.1. If the expected value equals or exceeds UAH 1 million for goods/services or UAH 5 million for works (VAT included), competitive procedures must be used in accordance with the current Law.
2.2. Changes to the annual plan are approved by the tender committee and published as required.
2.3. The tender committee conducts the procurement as per the Law.
2.4. All original procurement documents (excluding contracts) are kept by the tender department.
3. Simplified Procurement
3.1. If the expected value is below UAH 1 million for goods/services or UAH 5 million for works (with VAT), simplified procurement is conducted via the ProZorro e-procurement system.
3.2. Direct procurement without simplified procedures is allowed in cases outlined in Article 3, Part 7 of the Law.
3.3. Simplified procurements follow the Annual Procurement Plan.
3.4. The tender department handles simplified procedures as per Article 14 of the Law.
4. Procurement Below UAH 49,999
4.1. If the procurement value does not exceed UAH 49,999, procedures from Sections 2 and 3 are not required.
4.2. Market monitoring is conducted through analysis of at least three offers.
4.3. Such procurements still follow the annual procurement plan.
4.4. If the value is up to UAH 49,000, simplified procurement may be used under internal procedures.
5. Procurement via Centralized Procurement Organization – ProZorro Market
5.1. If the expected value does not exceed UAH 1 million (with VAT), goods may be procured via ProZorro Market.
5.2. These procurements follow the Annual Procurement Plan.
5.3. If the value is up to UAH 49,000, simplified internal procedures may be used.
5.4. Original documents (except contracts) are stored in the executing unit.
6. Disclosure of Procurement Information
6.1. For non-e-procurement or ProZorro Market purchases, the initiating/executing unit must prepare a procurement contract report (as per the form approved by the Authorized Body) and submit it to the tender department on the day of contract registration.
Responsibility for accuracy and timely submission lies with the department head.
6.2. The tender department verifies the report and publishes it in the e-procurement system as required.
6.3. Upon registering a contract (from e-procurement), responsible staff must notify the secretary of the tender committee and the tender department the same day.
The contract is published in accordance with the law.
6.4. In the event of amendments to a procurement contract concluded as a result of procurement procedures conducted using the electronic procurement system, the head of the initiating/executing unit responsible for concluding such a contract shall, on the day of registration of the supplementary agreement, prepare a notification of amendments to the contract using the form approved by the Authorized Body and submit it to the Tender Department.
Responsibility for the completeness and accuracy of the information stated in the Notification of Amendments to the Contract lies with the head of the unit responsible for concluding the contract.
The Notification of Amendments to the Contract shall be published in the electronic procurement system in the manner and within the timeframes established by the current legislation of Ukraine.
6.5. In the event of the expiration of the procurement contract concluded as a result of procurement procedures conducted using the electronic procurement system, as well as in cases of its completion or termination, the head of the initiating/executing unit responsible for concluding the contract shall, on the day of occurrence of the relevant grounds, prepare a report on the performance of the procurement contract using the form approved by the Authorized Body and submit it to the Tender Department.
Responsibility for the completeness and accuracy of the information stated in the report on the performance of the contract, as well as its timely preparation, lies with the head of the unit responsible for concluding the contract.
The report on the performance of the procurement contract shall be published in the electronic procurement system in the manner and within the timeframes established by the current legislation of Ukraine.