| Romanovska L.А., Candidate of Law, Director, Chief Research Fellow in the field of jurisprudence at IPE LLC, https://orcid.org/0009-0004-6306-6936 |
Establishing the compliance of the grounds for applying a non-competitive procedure for the acquisition by the Customer of services under the procurement of services under the DC 021:2015-50530000-9 Services for repair and maintenance of equipment, the cost of which is or exceeds 100 thousand hryvnias, without the use of open bidding and/or an electronic catalog for procurement (the period of validity of the legal regime of martial law in Ukraine and within 90 days from the date of its termination or cancellation), in accordance with the fourth paragraph of subparagraph 5 of clause 13 of the Peculiarities of public procurement of goods, works and services for customers, provided for by the Law of Ukraine “On Public Procurement”, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 12.10.2022 No. 1178 (as amended), namely: goods that can be supplied exclusively by a certain economic entity in the presence of such a case as the absence of competition for technical reasons, which must be confirmed by the customer, from the economic entity (participant), is carried out by an expert conclusion by proof:
- lack of competition for technical reasons, which is clearly confirmed by the Procurement Participant, which excludes rivalry (competition) between potential participants (lack of competition) in relation to it, since it is considered the sole (exclusive) provider of equipment reconditioning services, as a company that is integrated and owned by the Manufacturer and authorized by the Manufacturer to perform the authority to recondition equipment manufactured by it and which is only used in the activities of the Procurement Customer;
- The procurement participant has clear documentary evidence of the qualification criterion determined by the Procurement Customer on the basis of Part Two of Article 16 of the Law of Ukraine “On Public Procurement”, namely: the presence of documented experience in the implementation of a similar (similar) contract (contracts) on the subject of the procurement, concluded for the period from 2017 to 2025 with legal entities that are residents of Ukraine).
