Otvoreni tenderi sa osobitostima (Ukrajina)

What triggers the procedure

Under point 10 of the Особливості approved by Cabinet of Ministers Resolution No. 1178 of 12 October 2022, buyers listed in points 1–3 of Article 2(1) of the Law must use open tendering under the Особливості — or the electronic catalogue where the subject is goods — once the value reaches 100,000 UAH for goods and services, 200,000 UAH for current repair services, or 1.5 million UAH for works. Below those figures, point 11 lets the buyer use the electronic system voluntarily, or contract outside it and publish a report.

Resolution No. 957 of 15 July 2026 rewrites point 10. From 1 September 2026 the trigger becomes 200,000 UAH for goods and services and 1.5 million UAH for works for ordinary buyers, and 1 million UAH for goods and services and 5 million UAH for works for utility-sector buyers under Article 2(1)(4) — aligning the martial-law thresholds with Article 3 of the Law and removing the separate current-repair figure. The same resolution reinstates the переговорна процедура закупівлі (negotiated procedure) as a named procedure in point 13, alongside open tendering and the catalogue.

The timetable

Point 24 currently requires the buyer to publish the notice and the tender documentation no later than seven days before the bid deadline for goods and services, and 14 days for works. Point 34 sets the same minimum from the other direction: the bid submission period cannot be shorter than seven days from publication for goods and services, or 14 days for works. Resolution 957 replaces both with a single figure — not later than 15 days, and not less than 15 days — from 1 September 2026.

Within that window, point 54 governs questions. Anyone may ask for clarification of the documentation, or demand that a breach be corrected, up to three days before the deadline; the buyer must answer within three days of publication of the request. If the buyer amends the documentation or the notice, it must extend the deadline so that at least four days remain. If the buyer misses the deadline for answering, the electronic system automatically suspends the tender, and resuming it requires both the answer and a further extension of at least four days.

An electronic auction is held only where at least two bids are submitted (point 35). Where one bid arrives, point 36 tells the system to open it after the deadline, skip evaluation and treat it as the most economically advantageous.

Where bidders lose

Point 43 gives you a single, short chance to fix paperwork. If the buyer spots discrepancies in the information or documents you submitted, it must post a demand to correct them at least two working days before the end of the review period — and point 44 makes failure to correct within 24 hours of that notice a mandatory rejection ground. It also rejects you for changing the subject offered (name, brand, model) while correcting.

Other mandatory rejection grounds in point 44 include falling within the exclusion grounds in point 47, submitting materially false information, failing to provide required bid security, failing to justify an abnormally low price, wrongly marking information as confidential, and any Russian, Belarusian or Iranian nexus — as a citizen, as a company registered there, as a Ukrainian company with 10 per cent or more of its capital or its ultimate beneficial owner from those states, or by offering goods originating there. A bid is also rejected if it fails the technical specification, if its validity has expired, or if it exceeds the expected value where the buyer did not say in the documentation that it would consider higher-priced bids and state an acceptable percentage of excess.

What to do about it

Read point 28 of the documentation section first: whether the buyer accepts bids above the expected value, and the tolerated percentage, is a decision the buyer must state, and it determines whether a competitive but slightly higher price is worth submitting at all.

Monitor the tender continuously after submission, not just before. The 24-hour correction window is the single most common way competent suppliers are eliminated, and it starts when the notice appears in the system — not when you read it. Nominate someone who watches the tender page daily and has authority to reissue a document without waiting for sign-off.

On timing, do not sign a contract expectation into your plan too early: point 49 bars the contract from being concluded earlier than five days after the intent notice is published, so that appeals can be lodged, and requires it to be signed within 15 days of the intent decision, extendable to 60 where justified. A complaint to the Antimonopoly Committee suspends that clock.

Finally, check the announcement date against 1 September 2026. Thresholds, deadlines and the availability of the negotiated procedure all move on that date, and the rules that govern your tender are the ones in force when it was announced.

Related terms

• Osoblyvosti (Rez. 1178) — nabavke u ratnom režimu
• Zakon 922-VIII — javne nabavke Ukrajine
• Tenderska dokumentacija (Ukrajina)
• АМКУ — organ žalbi za nabavke u Ukrajini

See Otnox plans to track procurement opportunities across 80+ markets.