"Analysis of Tenders": a Perfect Tool for Checking Public Procurement from YouControl

"Analysis of Tenders" is a new tool of YouControl for checking participants, identifying dishonest companies and conducting fair and profitable procurement.

The initiator of public procurement must check participants for compliance with the requirements of the law.

Proper checking requires information from open and accessible sources, which takes a long time to obtain from separate registers. The tool "Analysis of Tenders" automates and speeds up checking of these data.

Who Needs Analysis of Tenders

The initiators of the procurement procedure can check participants faster and easier with the YouControl tool. Herewith the procurement procedure becomes more transparent in accordance with the law.

The tool allows users to check participants at any time of the procurement procedure.

With the help of the YouControl tool relevant management/control bodies of customers can promptly analyse any public procurement procedure (current or completed) in view of honesty of performance of the customer’s authorised representatives of their duties concerning checking of participants.

These functions will also increase the effectiveness of the work of the mass media and public activists who monitor the transparency of procurement.

Participants in public procurement procedures can check other participants for the possibility of participating in the bidding (thus gaining a competitive advantage) or themselves (to understand how they can be assessed by a customer).

What Violations Are Unacceptable in Procurement

The initiator of procurement must check participants for compliance with the requirements of Art. 17 of the Law of Ukraine "On Public Procurement", deny participation to them and reject their offer, if the following facts are detected:

◉ Corrupt participant. The initiator of procurement has incontrovertible evidence that the participant offers, gives or agrees to give a reward to the customer, another state body to influence the decision on the winner of procurement. The reward can be in any form (a job offer, a service).

The participant is also denied if s/he has been prosecuted for corruption offences and data about him/her have been entered into the Unified State Register of Persons Who Have Committed Corruption or Corruption-Related Offences;

◉ Violation of the legislation on protection of economic competition. Over the last three years the procurement participant has been prosecuted for distorting the results of tenders, competitions, auctions and biddings. This is a violation of paragraph 4, part 2, Art. 6 of the Law of Ukraine "On Protection of Economic Competition";

◉ Criminal offences. The individual-participant in procurement is convicted of a criminal offence committed from selfish motives, and the conviction is not removed or expunged in the prescribed manner. In particular, it is related to bribery and money laundering. The same applies to the convictions of the officials who sign tender offers and representatives;

Reference from YC

The court practice emphasises that the current legislation does not provide for the degree of depth of checking that the customer must conduct while examining tender offers. However superficial research is also unacceptable. Evaluation of tender offers in the procedure of recognition of the winner of the bidding cannot take place only on the basis of visual inspection of documents, without the assessment of their authenticity.

◉ "Useful" links. A tender offer was submitted by the participant of the competitive procurement procedure. Or the person related to other participants of procurement, authorised persons, the head of the customer participates in the negotiation procedure;

◉ Bankrupt participant. The participant of the procurement procedure was declared bankrupt in the manner prescribed by law and the liquidation procedure was initiated;

◉ It is unknown "who is in charge". There is no information about the ultimate beneficial owner in the Unified State Register to the extent required by paragraph 9, part 2, Art. 9 of the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations". This does not apply to non-residents;

◉ There is no anti-corruption programme. The legal entity participating in the procurement procedure (except for non-residents) does not have an anti-corruption programme or a person authorised to implement it if the cost of purchased goods, services or works is equal to or exceeds 20 million UAH (including by the lot);

◉ Sanctions. The participant in the procedure was imposed a sanction on in the form of a ban on conducting public procurement of goods, works and services in accordance with the Law of Ukraine “On Sanctions”;

◉ An official of the participant in the procurement procedure was prosecuted in accordance with the law for the use of child labour or any form of human trafficking;

◉ Debts. The participant of the procurement procedure has taxes and fees arrears (mandatory payments), unless such a participant has taken measures to install and defer such arrears in the manner and under the conditions prescribed by the legislation of the country of registration of such a participant.

Precisely these factors are highlighted by "Analysis of Tenders" from YouControl.

How to Analyse a Tender in YouControl

"Analysis of Tenders" is located on the left navigation menu of the main page:

To search for tenders and check them, you just need to specify the number of a tender or enter the link to it in the search line.

The system will find and show the appropriate tender: name, conditions, organiser and participants.

You can also specify the participants yourself. To do this, click on "Add a Participant".

Information about each participant and compliance with the requirements can be seen on the drop-down menu:

The settings icon is located in the upper right corner. By clicking on it, you can adjust the parameters of checking and the importance of certain factors at your discretion:

1. Corruption offences of a legal entity;

2. Corruption offences of an individual;

3. Fines of the Anti-Monopoly Committee of Ukraine;

4. An individual was convicted;

5. An official was convicted;

6. Links with other participants;

7. Bankruptcy;

8. No beneficiaries;

9. A person is subject to sanctions;

10. Use of child labour;

11. A person has debts.

How to Get Access to "Analysis of Tenders"

The new tool is available to the mass media and all registered users of YouControl, including those with open data access.

Check public procurement now.