Svitlana Teush made a presentation at the Ukrainian Construction Week

On 24 October, during the Ukrainian Construction Week, Svitlana Teush, Counsel of Redcliffe Partners, made a presentation “Application of Public and International Procurement Rules in Construction and Infrastructure Projects”.

Svitlana discussed the role of the price component and its correlation with non-price evaluation criteria, the abnormally low tender price concept, and the outlook for the introduction of quality-based procurement and integration of life-cycle costs; constraints on bidders (e.g., regarding consortia submissions or assignment of rights) and on the use of international forms of contract (including FIDIC contracts) imposed by local public procurement rules; as well as issues surrounding the contract post-award modification (including cost adjustments and time extensions, additional works, substitution of a contractor etc.)

She also addressed typical abuses by employers observed in practice (such as aggregation of lots, tender requirements tailored for particular bidders, discrimination of bidders, cancellation of tenders) and the remedies available to bidders. To conclude, Svitlana considered the progress and prospects of alignment of Ukrainian public procurement rules with EU public procurement acquis.