13 Dec 2022

DLF Attorneys-At-Law launches public procurement assistance programme

MSI's Ukraine law firm member DLF Attorneys-At-Law launched the programme for foreign applicants in Ukraine.

The aim is to help our clients and partner firms effectively participate in public procurement in Ukraine.

The russian federation’s war against Ukraine is the largest conflict in Europe since World War II, posing immense challenges for Ukraine’s economy. Yet the unprecedented support of the international community enables Ukraine to counter the aggressor effectively and to keep the economy relatively stable.

Significant funding from global partners and reorientation of expenditures in the Ukrainian budget made public procurements in Ukraine the most financially secure and stable market for goods and services, creating opportunities for both domestic and foreign businesses.

Ukrainian legislation allows foreign companies to participate in public procurement in Ukraine.

As part of the mentioned program, team DLF Ukraine provides practical consulting and support to companies that intend to participate or are already involved in public procurement in Ukraine at all stages:

Pre-submission Due Diligence:
  • tender documentation analysis for compliance with the requirements of Ukrainian legislation and in correlation with the client's interests;
  • analysis of the tender proposal and the potential bidder's legal status for compliance with Ukrainian legal requirements;
  • preparation of requests to the customer for clarification of specific conditions of the tender documentation;
  • preparation of appeals, complaints, and appeals for the elimination of discriminatory requirements and conditions, as well as requirements that violate the rights and interests of a potential participant in the process of the objective and competitive selection.
Submission assistance:
  • checking the tender proposal for compliance with the requirements of a bidder's tender application documents;
  • drawing up information sheets and obtaining certificates required under the terms of the tender.
Claims and appeals:
  • protection of interests of companies that intent to participate in the tender but, due to certain conditions of the tender documentation, cannot rely on objective and unbiased consideration of their proposals or are at all unable to participate because of discriminatory requirements (appeal of tender documentation);
  • protection of the interests of the bidders whose tender proposals have been unreasonably rejected;
  • appeal on the submission of another participant, which should have been rejected but was accepted in violation of the principle of objectivity and non-discrimination (appeal of the decisions taken after evaluation of tender proposals).