What is a Tender?

 

A tender is a competitive procurement procedure in which the contracting authority selects the most economically advantageous offer among participants. In Ukraine, tenders are classified into commercial and public tenders. Public tenders are conducted in accordance with the Law of Ukraine “On Public Procurement” No. 922 and the Cabinet of Ministers’ Resolution No. 1178, which establishes special procurement procedures during martial law and for 90 days after its termination or cancellation.

 

 

Types of Tenders:

 

According to Law No. 922, there are three main procurement procedures:
 

  • Open Bidding – The most common procedure, involving a public announcement and the submission of proposals by all interested participants.
  • Restricted Bidding – Used when goods or services can be supplied by a limited number of providers due to their specific nature.
  • Competitive Dialogue – Applied when the procuring entity cannot clearly define technical specifications or legal/financial aspects of the procurement and requires consultation with potential suppliers.

 
 

Procurement Features During Martial Law:

 

Resolution No. 1178 mandates that during martial law, contracting authorities must conduct open bidding when procuring:

 

  • Goods and services (excluding current repairs) valued at 100,000 UAH or more;
  • Current repair services valued at 200,000 UAH or more;
  • Construction works valued at 1.5 million UAH or more.

 

Additionally, open bidding with English-language publication is allowed regardless of procurement value, facilitating participation of foreign suppliers.

 

 

Tender Process Stages:

 

  • Tender Announcement – The contracting authority publishes procurement details and tender documentation.
  • Proposal Submission – Participants prepare and submit their tender proposals.
  • Electronic Auction & Evaluation – The auction takes place, followed by the evaluation of bids.
  • Bid Review – The contracting authority verifies compliance with tender requirements.
  • Contract Signing – The procurement contract is signed with the winning bidder.

 

Participants have the right to challenge the actions and decisions of the contracting authority, which may affect procurement timelines.

 
 

Tender Procedure Under Martial Law

 

According to Resolution No. 1178, the following special rules apply:

 

  • Tender Announcement – The notice and tender documentation must be published at least 7 days before the bid submission deadline for goods and services, and 14 days for construction works.
  • Auction Process – Open tenders are considered valid even if only one bid is submitted; in such cases, an auction is not held.
  • Proposal Review – The contracting authority verifies suppliers’ eligibility and may reject bids that do not meet requirements.

 
 

Compliance with established procedures and requirements is key to ensuring transparency and efficiency in public procurement, particularly under martial law conditions.