07.12.2017 the Verkhovna Rada of Ukraine adopted in first reading bill No. 7206, which has a loud and Patriotic name – “Buy Ukrainian, fees for Ukrainians.”
The bill provides for amendments to the Law of Ukraine “On public procurement” in the implementation of bid evaluation. It provides for the granting of preferences to domestic tender offers of the participants that have so-called local component. It will consist of the following indicators: availability of service centers on the territory of Ukraine; the country of origin of raw materials and basic materials, semi-finished products and components, auxiliary and other materials – Ukraine; the currency for which is a raw material, etc purchased, is UAH; the number of workers – residents of Ukraine; the origin of fixed assets – Ukraine; the location of the properties – Ukraine; allocation of financial expenses on the territory of Ukraine; the level of localization of other components of the production cost of the procurement subject on the territory of Ukraine.
The bill established the mechanism of evaluation of bids would lead to discrimination of suppliers-non-residents. The proposals submitted by the residents of Ukraine, will have an advantage, even if they are more expensive.
I note that the principle of equality of domestic and foreign participants of the Ukrainian tender was established in the Law of Ukraine “On procurement of goods, works and services for public funds” (hereinafter – the Law) (the law preceding the law of Ukraine “On public procurement” as amended from 11.03.2007. then from the Law were excluded V. 6, which provided incentives for domestic participants).