The list of qualification criteria (requirements) to the participants of the negotiation procedures for procurement of legal services for the representation of interests of Ukraine in foreign jurisdictions in cases involving a foreign entity and Ukraine, a

If the customer requires a copy of a document, each page of the copy must be certified by a "wet" stamp (if any) of a participant and contains the inscription "Copy. According to the original".

In case a participant fails to provide any of the documents, provides uncertified copies of the documents specified in Table 1 and Table 2, it shall be a ground for rejecting a proposal of a participant.

The customer has the right to seek confirmation of the information submitted by a participant from the bodies of state power, enterprises, institutions and organizations in accordance with their competence. In case of obtaining reliable information about participant’s incompliance with the qualification criteria, the existence of reasons referred to in the first paragraph of article 17 of Law or finding a fact, of submitting in the proposal of a participant of any false information that is significant for determining the results of the procurement procedure, the customer rejects the offer of such participant.

Documents not foreseen by the Business Code of Ukraine for business entities and individuals are not submitted by participants in their proposals. Participants non – residents to confirm compliance with the specified criteria and the absence of grounds for rejecting participation in the purchase submit as a part of their proposal documents set by the legislation of the countries where they are registered.

Table 1

The list of documents to be filed for the confirmation
of compliance with the qualification criteria (part 2 of article 16 of the Law)

№ з/п Qualifying requirement Documents confirming compliance of a participant with qualifying requirement
1 The availability of equipment, facilities and resources 1.1. A letter containing information about the availability to the participant of the relevant equipment and material-technical base for the implementation of the terms of purchase agreement, certified by the participant
2 The availability of suitably qualified staff with the necessary knowledge and experience 2.1. A letter certified by a participant containing information about the availability to the participant of the suitably qualified staff with the necessary knowledge and experience (file copies of relevant diplomas and certificates) who will provide legal services.
2.2. Written confirmation that the planned workload of employees stated in the participant’s proposal will not exceed normal working time established by the labour legislation of the relevant country in case that participant is winning in all procedures in which he participates, and also taking into account the workload including other work, in addition to representation of interests of Ukraine.
2.3. A copy of the license (permission) for the provision of legal services
3 Availability of documented experience of execution of similar contracts 3.1. A letter containing information about the experience of execution of similar contracts during last 2 years along with documentary evidence of their implementation (copies of contracts, receipts and/or letters of feedback from organizations not less than two of them), certified by a participant.
3.2. A confirmation by a participant on the absence of conflict of interest.
3.3. Information regarding practical advice, strategy and tactics of protection of state interests, implementation of other activities related to representation of interests of Ukraine in the matters in respect of which a purchase is made.
4 The availability of financial capacity 4.1. Copies of the balance sheet and income statement for the last accounting period with a notation of acceptance by the authorized body, certified by a participant*
4.2. A copy of the statement of cash flows for the last reporting period, with a notation of acceptance by the authorized body, certified by a participant*
4.3. The original reference from the servicing Bank (banks) on existing debts issued not earlier than one month before the date of submitting of documents by a participant

*In the case when a participant in accordance with the norms of the current legislation is not obliged to keep such documents, the participant shall submit other financial documents being the documents of the financial statements, and indicates information on the legislative grounds for their keeping; such documents shall be duly certified by the participant and be accompanied by an official translation into Ukrainian.

Table 2

The list of additional documents that must be submitted by a participant

1 The original certificate from the servicing Bank (banks) on accounts open in banking institutions, issued not earlier than one month before the date of submitting of documents by a participant
2 Information from the Unified state register of legal entities and physical persons – entrepreneurs
3 Copy of certificate of an identification code (for individuals)
4 Copy of passport (for individuals)
5 A copy of the registration certificate of VAT payer, certified by a participant
6 A letter of consent to the processing, use, distribution, and access to personal data of a participant while participating in the procurement procedure, exercising civil and economic relations
The documents confirming the absence of grounds for refusal
for participating in the procurement procedure
7 7.1. A letter of confirmation from a participant that the participant has not been brought under the law to criminal liability, not more than monthly old as of the date of submitting of documents by a participant Paragraphs 4, 5 of part 1 of article 17 of the Law
7.2. A letter containing information that a participant is not under conviction for a crime involving a violation of the procurement procedure or other crime committed with mercenary motives or for committing corruption offences in the field of public procurement
8 8.1. A copy of the anti-corruption program of a participant, certified by a participant *
8.2. A copy of the document, which stated that a person has been nominated as an authorized person for anti-corruption program of a participant*
8.3. The document issued by the competent authority certifying that the competitor has not been registered in the Unified state register of persons who committed corruption or corruption-related offences, or a letter of explanation from a participant or other document in any form with justification of the impossibility of providing information from the Unified state register of persons who committed corruption or corruption-related offences and confirm they have not committed offenses, if at the date of drafting the proposal the procedure for issuing such a document has not been defined dated not earlier than one month before the date of submitting of documents by a participant
Paragraph 2 part 1 article 17 of the Law
9 Original information document issued by the competent authority that there no bankruptcy case raised against a participant, issued not earlier than one month prior to submitting of documents by a participant Paragraph 7 of part 1 of article 17 of the Law
10 The original reference on absence of debts as for obligatory payments to the budget, issued not earlier than one month before the date of submitting of documents by a participant Paragraph 1 of part 2 of article 17 of the Law
11 The documents confirming powers and authority to conclude (sign) the procurement contract (copy certified by a participant of power of attorney or a copy of the document confirming powers of an official of a participant to conclude (sign) the contract)
12 A certified copy of the Statute or other constitutional document Paragraph 2 of part 2 of article 17 of the Law

* These documents shall be provided in case that the necessity of their keeping and approval by a participant proscribed by the Law of Ukraine "On prevention of corruption"

Note 1: in cases where there is a request of the Customer for a copy of the document certified by a participant, that means that there must be provided a copy, each page of which is signed by the authorized person of the participant indicating the position and the date and stamped (if available). In all other cases, the Customer requires the submission of an original or notarized copy of a document. Documents issued on the territory of foreign States shall be legalized in accordance with the requirements of applicable law.

Note 2: in cases where the requested documents are not provided by the legislation of the country of registration, you must provide an explanation on this matter with reference to the corresponding legislation of the country concerned.

Note 3: Participants who operate without a stamp in accordance with the legislation of the country of registration of a participant, provide a letter of explanation for its absence.