Due to the amendments to the Law of Ukraine on Public Procurement (No. 1076), customers are increasingly asked questions about the activities of authorized persons.
We will remind, according to the new edition “tender committees” will be liquidated from January, 1st, 2022, and responsible for carrying out of purchase already appoint “authorized persons” already. Such an innovation is one of the tools for professionalization of public procurement.
Who is the “authorized person” and what are his / her responsibilities?
The AP is an official or other person who is an employee of the customer and is responsible for organizing and carrying out procurement procedures in accordance with applicable law. It is appointed by the customer by:
• Providing an employee of an existing state with the functions of an authorized person as additional duties with the appropriate additional payment;
• Conclusion of an employment agreement in accordance with the law
• Entering into the staffing list of the individual position, which will be the responsibility of the AP.
Who can be an authorized person?
Can the AP be the head of the department, chief accountant, director, etc.? Yes, they can all get the responsibilities of an authorized person by placing additional responsibility on them. However, they must have a college degree, usually a law or economics degree.
In addition, the APs must confirm their level of knowledge required to work with public procurement on the web site of the Authorized Body through free testing.
The contracting authority is also entitled to appoint several authorized persons, provided that each of them will be responsible for the organization and conduct of specific procurement procedures.
The exceptions that may not be appointed by the AP are officials, representatives of the procurement participants, as well as people’s deputies of Ukraine, deputies of city, district and regional councils.
Responsibilities of the authorized person
The duties of the authorized person include the disclosure of complete and accurate information about the purchase of Prozorro. It will be her responsibility to complete the annual plan in the public procurement system.
AP is obliged to act in the interests of the Customer and to ensure fair and objective procurement procedures.
Accordingly, the authorized person:
• Organizes and conducts procurement procedures
• Forms an annual plan in Prozorro
• Performs the functions of compiling, submitting and storing public procurement documents
In case of violation of the requirements of the Law of Ukraine “On Public Procurement”, the authorized person incurs personal responsibility in accordance with the current legislation of Ukraine.
In general, the AP does the same thing as the tender committee, but does everything individually and accordingly is responsible for its decisions.
Thus, the introduction of a profile position increases the efficiency of procurement and reduces the risk of unsuccessful procurement procedures.
If you still have questions about the activities of authorized persons, please contact us and get detailed advice on this innovation.
You can read about these and other changes in the law on public procurement here: https://asapdemo.com/bez-rubriki/yaki-zmini-prinese-ukrayini-novij-zakon-pro-derzhzakupivli-5-novovveden-yaki-vplinut-na-skorochennya-koruptsijnih-shem/