Regulation of the authorized e-Platform «Opentenders.Online» (hereinafter referred to as the «Regulation») came into force on 1 April 2016 to execute and according to the introduction of the Law of Ukraine «On Pubic Procurement» (hereinafter referred to as the «Law»).
From the date of this Regulation’s publication on the website of the authorized e-Platform «Opentenders.Online», the rules of the Regulation are applied to all procurements, that are initiated on the day of the Regulation’s publication and after it.
The Regulation establishes the rules of the work of the authorized e-Platform «Opentenders.Online», the procedure of interaction with all customers, including those, who have entered into the Agreement on the accession to Regulation with a limited liability company “Opentenders.Online” till April, 1 2016.
I. terms and definitons
«The Administrator of the e-procurement system» means a legal entity, which is defined by the Authorized Agency and responsible for ensuring the functioning and content of the web portal of the Authorized Procurement Agency (hereinafter referred to as the «Administrator»);
«The authorized e-Platform «Opentenders.Online» means the information and telecommunication system «The e-Platform«Opentenders.Online» authorized by the Authorized Agency, beeing a part of the e-procurement system, which offers the following functions: user registration, automatic posting, receipt and transfer of information and documents during procurement procedures, and services with automatic exchange of information accessed via website, which is located in the Internet at www.dzo.com.ua (hereinafter referred to as the «e-Platform»);
«Authorized Agency’s Public Procurement Web Portal» means an information and telecommunication system that includes an e-auction facility and a database, being a part of the e-procurement system, which offers the following functions: generation, storage and publication of all procurement information, holding e-auctions, automatic exchange of information and documents, use of services with automatic exchange of information accessed via the Internet (hereinafter referred to as the «Authorized Agency’s Web Portal»)
«E-procurement system» means information and telecommunication system that allows the implementation of procurement procedures, generation, posting, publishing and exchange of information and documents electronically, and comprises the Authorized Agency’s Web Portal and authorized e-Platforms linked by secured automatic exchange of information and documents;
«Commission» means permanent commission created by the Authorized Agency to ensure the implementation of e-Platform’s authorization, preparation of advisory decisions, about their connect/disconnect to e-procurement system, removing technical failures in e-procurement system;
«Customer» means participant, supplier of goods, provider of services, performer of works, appeal body, bodies authorized to monitor the procurement area, Treasury and its territorial bodies within their authority and other interested persons;
«Operator of the e-Platform» means limited liability company «Opentenders.Online» (hereinafter referred to as the «Operator»);
«Working time» means the period from Monday to Friday from 8:00 хвилин a.m. till 6:00 p.m. (except weekends and holidays);
«Authorized body» means central executive authority, that implements the state policy in the sphere of public procurement;
Procurement agreement, providing tender offer, customers, enforcement of the procurement agreement, interface and instructions, signature, subject of procurement, office, confidential information, registration, tender offer and other definitions and terms are used in the meaning, defined in the laws of Ukraine «On Public Procurement», «On electronic documents and electronic document management» and «On electronic digital signature», The procedure of functioning of e-procurement system and carrying out authorization of e-platforms, approved by the Resolution of Cabinet of Ministers of Ukraine on February, 24 2016 р. № 166, other regulations, which regulate work of the Operator, and also in the Agreement on the accession to Regulation of the authorized e-Platform «Opentenders.Online».
II. PROCEDURE AND TERMS OF SERVICE
ІІ.І. General terms of service
The e-Platform «Opentenders.Online» is a part of e-system of public procurement, in respect of which the Authorized Agency decided to authorize the first and third, the second and fourth levels of accreditation.
The e-Platform «Opentenders.Online» is used in the implementation of public procurements in cases stipulated by law of Ukraine «On Public Procurement», and within the procedures, stipulated by the aforementioned law:
a) on condition that the cost of the object (objects), service (services) of purchase equals to or exceeds the 200 thousand hryvnia, and works - 1,5 million hryvnia;
b) on condition that the cost of the object (objects), service (services) of purchase equals to or exceeds 1 million hryvnia, and works - 5 million hryvnia (customers that operate in specific areas of management);
c) at the time of purchase of goods, works and services, the value of which is less than the value that is set in subparagraphs a) and b) of this paragraph, and if customers decided to use e-procurement system to select the supplier of goods, provider of service (services) and performer of works to sign the agreement;
d) for placing the report on the signed contracts in the e-procurement system, in case of performing by customers the goods procurement, works and services without e-procurement system, on condition that the cost of the object equals to or exceeds 50 thousand hryvnia and is less than the cost, that is set in subparagraphs a) and b) of this paragraph.
General conditions, order and procedures of procurement of goods, works and services, and order of services provided by the Operator are set and/or change exclusively by the Law of Ukraine «On Public Procurement», another legislation, that is regulating the activities of the Operator, this Regulation, except in cases, prescribed by the Law of Ukraine «On Public Procurement».
In case of introduction of changes to the legislation in the procurement sphere and/or acceptance of new regulatory acts the Operator must within one month from the date of entry into force inform about the functional characteristics and possibilities of the e-Platform and/or provisions of this Regulation according to this changes and acts.
The Operator of the e-Platform at no charge provides to all the users equal access to the electronic procurement’s information, including the possibilities to monitor the auction’s process in interactive mode of real time, informational support, in particular familiarization with the list of the customers, information of the electronic procurement procedures, precise definition of the time and date of filing and changing any of the documents, that can be promulgated.
The Operator provides to all the users of the e-Platform possibility to exchange the information via Internet.
Instructions with detailed information about use of the Electronic platform, description of the registration’s conditions and mechanism of uploading documents to participate in tenders is posting on the website of the e-Platform in Ukrainian and English.
The e-Platform has an interface and user’s instructions in English.
Provisional suspension of the authorized e-Platform for technical preventive maintenance is only possible on the outside working hours.
The Operator can provide on the e-Platform possibility of the additional services to the customer and participant, including the services for a fee.
ІІ.ІІ. Registration in the e-procurement system
The User’s registration in the e-procurement’s system of the e-Platform can be carried out by using one of the following methods of identification/ authorization:
- identification through getting bank payment by the e-Platform from the User. The Operator gives the User an account to pay. The payment after checking by the Operator of the E-platform can be returned to the User or can be credited to the User’s balance under the terms of the Agreement on the accession to Regulation, that is signed between the User and the Operator (the average confidence level);
- identification by signing an agreement between the User and the Operator of the e-Platform (the average confidence level).
The functional possibilities of the e-Platform and certain services that are provided to the user, are available for the user depending on the user's authorization level (as a customer or participant) that is carried out by the user's choice.
ІІ.ІІІ. Services provided to customers
According to the available accreditation levels (first and third) the e-Platform free of charge provides customers with possibilities of:
- promulgating the information and announcements of procurement, the value of which is less than the value specified in the Article 2 of the Law;
- establishing the terms of filing requests to clarify the promulgated information;
- responding to request for clarify the promulgated information and to requirement to eliminate violations;
- establishing the terms of submission of participants’ offers;
- using of an e-auction to evaluate submitted proposals;
- promulgating the results of selection of the supplier of the goods, provider of service (services) or performer of works;
- promulgating the report on the contracts;
- carrying out the procurement procedures defined by the Law;
- promulgating the information and announcements according to the Law;
- amending the announcement about carrying out the procurement procedure;
- amending of tender documentation;
- providing clarification of the tender documentation and notification of the decision to eliminate the violations according to the results of request’s consideration;
- sending messages according to the Law;
- obtaining information about complaints that have been filed by the participants;
- determining compliance of participants with the qualifying criteria and the winner of the procurement procedure;
- placing the procurement contract and additional agreements;
- other services at no charge to the customer under the Law that is regulating the Operator’s activities;
- other services.
ІІ.ІV. Services provided to the participant
According to the available certification levels (second and fourth) e-Platform provides participants with such services:
- participation in the procurement, value of which is less than the value specified in Article 2 of the Law;
- sending requests to clarify the promulgated information;
- sending request to eliminate the violation at the time of purchase;
- filing offers before the deadline that is set by the customer to submit the offer;
- obtaining links to participate in an e-auction;
- receiving messages about the selection’s results;
- participation in the procurement procedures defined by the Law;
- sending requests to the customer for clarification of the tender documentation;
- sending request to eliminate violations in the procurement procedure;
- filing a complaint;
- filing a tender offer before the deadline of the filling tender offer;
- amending the tender offer until the deadline of filing tender offer;
- obtaining links to participate in an e-auction;
- receiving notifications in accordance to the Law;
- other services to the participant under the Law that is regulating the Operator’s activities;
- other services.
ІІ.V. Features of subthreshold procurements
The Administrator determines the procedure of using e-procurement system for procurement, the value of which is less than the cost, defined in Article 2 of the Law, for the purpose of selecting the supplier of goods, provider of service (services) and performer of works.
ІІІ. Filing and consideration of appeals, complaints
The users of the e-Platform exchange the information and documents, send appeals, requests, messages, place announcements and appeal procurement procedures in e-procurement’s system according to the Law, that regulates public procurement and the Operator’s activities.
The information and/or complaints about the e-Platform and/or the Operator the users of the e-Platform can send to the Commission’s address at the procedure established by the Commission and/or the Authorized Agency. The Commission does not examine anonymous complaints and appeals.
IV. disconnection of e-platform from electronic system
The Authorized Agency can decide to disconnect e-Platform on the basis of the Commission's decision in cases provided by law.
The Operator during the process of disconnection on the e-Platform must provide carrying out of the previously announced procurement procedures in the e-procurement system in an interactive real time mode and must ensure the confidentiality and integrity of data that is contained on the platform, save the data, transfer all the information that is contained on the e-platform to other authorized e-platforms etc.
Technical disconnection from the e-procurement system is carried out during 10 days after the last procurement procedure, that was held with the participation of the e-Platform and launched before the decision to disconnect it.
For the violation of the requirements established by Law and by other regulatory legal acts, that are made according to it, the offending persons shall be liable under the laws of Ukraine.
The members of the Tender Committee or authorized person (persons) personally are responsible for violation of the requirements established by the Law in part of made decisions, selection and application of the procurement procedures.
The User is responsible for the actions committed by him in e-procurement system, and for the actions of persons that are committed on his behalf by using his personal identification data.
VI. INFORMATION. OTHER LEGISLATION
The User is responsible for the content of the information that is published in the e-procurement system. The e-Platform has the right to control the information posted by the user and inform the user who posted the information of inappropriate content and the Commission of such cases.
When placing in the e-procurement system harmful and offensive information and information that is not related to the procurement, the Authorized Agency shall decide on the basis of the Commission's decision to permit the Operator of e-Platform and/or Authorized Agency’s web portal to remove this information from publication.
The Operator informs that he does not and cannot check the content of all the information that is uploaded or used on the e-Platform. The Operator refuse responsibility in case the user place harmful and offensive materials.
The Operator in his activities is guided by the legislation of Ukraine, including the provisions of the Law of Ukraine «On protection of information in telecommunication systems», «On Telecommunications», «On Payment Systems and money transfer in Ukraine», «On Personal Data Protection», International treaties of Ukraine ratified by the Verkhovna Rada of Ukraine and other legal acts adopted under them.
VII. STORAGE OF INFORMATION, PERSONAL DATA AND its PROTECTION
All documents, data, information, personal data that is received by the Operator and related to the functioning of the e-Platform, is processed (also stored) to ensure the full functioning of the e-Platform and e-procurement system, providing and meeting the needs of users, customers and participants of public procurement procedures in accordance with the requirements of the protection of information on public procurement and confidential information (except the one that cannot be considered as confidential), Laws of Ukraine «On Personal Data Protection» and «On the Protection of Information Stored in Information and Telecommunication Systems».
The subject of personal data and the holder of the information by acceptance of the offer of Agreement on the accession to Regulation should provide to the Operator clear and accurate consent to process such data for aforecited purpose.
By entering into the Agreement on the accession to Regulation, users give to the Operator their consent (permission) for processing, including dissemination (spreading and/or publication on the e-Platform’s website) personal data of such users (their authorized representatives) in the amounts that are specified during the registration/authorization on e-Platform and/or during uploading documents to the e-Platform that are made on behalf of the user to disclose procurement and/or composition of the persons registered as customers/participants on e-Platform.
VIII. final provisions
This Regulation is an integral part of the Agreement on the accession to Regulation of the authorized e-Platform «Opentenders.Online» and supplements its provisions. If the provisions of the Agreement on the accession to Regulation contradict the provisions of this Regulation, the relevant provisions of this Regulation and/or the legislation that is regulating the Operator’s activities shall be applied.
The use of e-Platform and providing by Operator services to users is based on the unconditional User Consent with all the provisions of this Regulation, and other announcements, changes, terms and conditions, that are placed by the Operator on the e-Platform’s website, or in the user’s Personal Office, and that are aimed to explain, clarify and/or modify the provisions of the Regulation.
The Operator unilaterally makes amendments and additions to the Regulation and notify of them on the e-Platform’s Website (and/or User’s Personal Office). Such amendments and additions shall enter into force from the date of display (publication) on the e-Platform’s