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Provision of Tender Support to Proposals for Pre-threshold Procurement

Is the Procurer's requirement to provide tender support to proposals for pre-threshold procurement legitimate?

Про надання тендерного забезпечення пропозиції  в допорогових закупівлях

The implementation of pre-threshold procurement is regulated by the Procedure for the implementation of pre-threshold procurement, which was approved by the Order of the State Enterprise " Zovnishtorhvydav  of Ukraine " of April 13, 2016 No. 35. According to paragraph 6.4 of Art. 6 of the above-mentioned procedure, the Procurer may additionally require the provision of the Offer, in the form of a guarantee of the performance of the Participant's obligations to the Procurer. The amount of security of the Offer in monetary terms cannot exceed 0.5% of the expected purchase price in case of bidding for the procurement of works and 3% - in the case of bidding for the purchase of goods or services on terms determined by the Documentation. So, if the procurer has provided in the documentation of the support provision of the tender proposal, this requirement is legitimate.

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