Pursuant to the Law of Ukraine of 24 June 2004 "On Housing and Communal Services" (875-15), with the aim of streamlining legal relations arising between producers, providers and consumers in the process of providing and consuming housing and communal services, and creating a legal framework for determining the provider of housing and communal services in the housing stock I order:

1. Approve the Procedure for determining the provider of housing and communal services in the housing stock (hereinafter referred to as the Procedure), which is attached.

2. The Legal Department (Ahapova M.H.) together with the Housing Stock Operation Department (Kiriushyn V.M.) shall submit this order in the prescribed manner to the Ministry of Justice of Ukraine for state registration.

3. The Housing Stock Operation Department (Kiriushyn V.M.) shall bring the Procedure to the attention of local executive authorities and local self-government bodies.

4. Control over the implementation of this order shall be assigned to the Deputy Chairman of the Committee Lototskyi O.B.

Chairman of the Committee O.Yu.Kucherenko

Procedure for Conducting a Competition for the Provision of Housing and Communal Services

General Issues

1. This Procedure determines the procedure for preparing and conducting a competition for the provision of housing and communal services, except for gas and electricity supply (hereinafter referred to as the competition), in residential buildings of state and communal ownership (hereinafter referred to as residential buildings).

2. The terms used in this Procedure have the following meaning:
- competition documentation - a set of documents sent by the competition organizer to its participants for the preparation of competition proposals;
- competition proposal - a set of documents prepared by a competition participant in accordance with established requirements and submitted to the competition organizer;
- competition organizer - the owner or balance holder of residential buildings or a person authorized by them;
- competition participant - a business entity that has submitted a competition proposal.

Other terms are used in the meaning given in the Law of Ukraine "On Housing and Communal Services" ( 1875-15 ).

3. The competition shall be held subject to:
- inclusion by a local self-government body of the service in the List of housing and communal services, the right to provide which is contested on a competitive basis;
- expiration or termination of the contract for the provision of services;
- adoption by a court of a decision on holding a competition.

Preparation of the competition

4. To hold the competition, its organizer prepares competition documentation, which must contain the following information:

1) name, location of the competition organizer;
2) list of services;
3) grounds for holding the competition;
4) surname, position and phone numbers of persons authorized to communicate with competition participants;
5) qualification requirements for competition participants, in particular regarding the availability of:
- material and technical base;
- employees with relevant qualifications;
- work experience in providing certain services;
- the relevant permit or license to perform certain works or provide services;
6) criteria for compliance of a participant with the established qualification requirements;
7) list of documents, originals or copies of which are submitted by competition participants to confirm participants' compliance with the established qualification requirements;
8) volume of services;
9) requirements for the quality of service provision with reference to standards, norms, regulations and rules;
10) number of residential buildings, area of residential buildings and adjacent territories;
11) location of residential buildings;
12) technical condition of residential buildings and level of improvement of adjacent territories;
13) draft contract for the provision of services;
14) requirements for competition proposals;
15) calculation of the price/tariff for the provision of services or a reference to the regulatory legal act pursuant to which they are calculated;
16) criteria for evaluating competitive proposals:
- cost of services;
- level of material and technical equipment available to the competition participant;
- number of employees with the relevant qualification (taking into account proposals for involving co-executors);
- financial capacity of the competition participant;
- timeframes for the provision of services;
- availability of positive work experience in providing services in accordance with the requirements of standards, normative requirements, norms and rules;
- improvement of the quality of services and reduction of their cost.
17) possibility for the competition organizer to hold meetings of its participants for the purpose of providing clarifications on the content of the competition documentation and making changes to it;
18) methods, place and final deadline for submitting competitive proposals;
19) place, day and time for opening the envelopes with competitive proposals.

5. The competition organizer establishes a commission composed of representatives of the competition organizer, local self-government bodies, executive authorities, housing and communal services enterprises, as well as (with their consent) representatives of the territorial body of the specially authorized central executive authority in the field of consumer rights protection and consumers who, no later than three days before the deadline for submitting competitive proposals, gave their consent to be members of the competition commission.

A representative of the competition organizer shall be appointed as the head of the competition commission.

Representatives of a competition participant and persons who are their close relatives (husband, wife, children, parents, brothers, sisters, grandchildren) may not be members of the competition commission.

6. The composition of the competition commission shall be approved by its organizer.

7. The conditions for holding the competition provided for by the competition documentation are binding on the competition commission and its participants.

8. The competition commission publishes in the mass media an announcement on holding the competition, which must contain the information provided for by subparagraphs 1, 2, 4, 18 and 19 of paragraph 4 of this Procedure, as well as on the methods and place for obtaining the competition documentation, the amount of the fee for participation in the competition (if it is determined by the competition organizer) and the list of residential buildings and adjoining territories.

9. The final deadline for submitting competitive proposals may not be less than 30 calendar days from the date of publication of the announcement on holding the competition.

10. The competition organizer may establish a fee for participation in the competition, which must not exceed 100 tax-exempt minimum incomes of citizens as of the date of submission of the competitive proposal.

The fee for participation in the competition is paid into the account of its organizer.

11. The competition documentation shall be provided in person or sent by mail by the competition organizer to its participant within three business days after the participant submits an application for participation in the competition. If a participation fee is established, the competition documentation shall be provided in person or sent by mail on the basis of a document confirming payment of such fee.

12. A participant in the competition has the right, no later than seven calendar days before the deadline for submitting competition proposals, to submit a written request for clarification regarding the content of the competition documentation to the competition organizer, which is obliged to send it a written response within three business days.

13. The competition organizer has the right, no later than seven calendar days before the deadline for submitting competition proposals, to amend the competition documentation and shall notify all participants in the competition to whom the competition documentation was sent within three business days.

14. In the event of late amendment of the competition documentation or late provision of clarifications regarding its content, the competition organizer must extend the deadline for submitting competition proposals by at least seven calendar days.

15. When the competition organizer holds a meeting of its participants for the purpose of providing clarifications regarding the content of the competition documentation, minutes shall be kept and sent to all participants within three business days.

Submission of documents

16. To participate in the competition, its participants shall submit originals or copies of documents provided for by the competition documentation, certified in accordance with the procedure established by law.

17. A competition proposal shall be submitted in person or sent by mail to the competition commission in an envelope indicating the full name and location of the organizer and the participant in the competition, and the list of services for the provision of which the proposal is submitted.

18. Envelopes with competition proposals received after the deadline for their submission shall not be opened and shall be returned to the participants in the competition.

19. The competition organizer has the right, before the deadline for submitting competition proposals, to adopt a decision to extend it. The competition organizer shall notify all participants in the competition to whom the competition documentation was sent of its decision, as well as of any change in the place, day and time of opening the envelopes.

20. A participant in the competition has the right to withdraw its own competition proposal or make changes to it before the deadline for submitting proposals.

21. Competition proposals shall be registered by the competition commission in a register. At the request of a participant in the competition, the competition commission shall confirm receipt of its competition proposal, indicating the date and time.

Conducting the competition

22. The opening of envelopes with competition proposals shall be held on the day the deadline for their submission expires, at the place and time provided for by the competition documentation, in the presence of all participants in the competition or persons authorized by them.

The opening of an envelope with a competition proposal may be carried out in the absence of the participant in the competition or a person authorized by them.

23. During the opening of envelopes with competition proposals, the competition commission shall check the availability and correctness of the documents whose submission is provided for by the competition documentation, and shall also announce information on the name and location of each participant in the competition and the criteria for evaluating competition proposals.

24. When considering competition proposals, the competition commission has the right to request clarifications from participants in the competition regarding their content and to hold consultations with individual participants.

25. Based on the results of the consideration of competition proposals, the competition commission has the right to reject them for the following reasons:
- a participant in the competition does not meet the qualification requirements provided for by the competition documentation;
- the tender proposal does not comply with the tender documentation.

26. The organizer of the competition decides to refuse its participant participation in the competition in the event of:
- liquidation of a participant in the competition, declaring him bankrupt, or initiating bankruptcy proceedings against him;
Establishing the fact of submission of inaccurate information that affects decision-making.

27. The competition may be declared unsuccessful in the event of:
- failure to submit competitive proposals; rejection of all competitive proposals on the grounds provided for in paragraph 25 of this Procedure.

28. If the competition commission adopts a decision declaring the competition failed, its organizer shall notify all participants of the competition in writing within three working days from the date of its adoption and shall organize the preparation of a new competition within ten calendar days.

Determination of the competition winner and conclusion of the contract

29. Tender proposals that have not been rejected for the reasons provided for in paragraph 25 of this Procedure shall be evaluated by the tender commission according to the criteria established in the tender documentation.

30. The winner of the competition shall be the participant who meets the qualification requirements, can ensure the provision of services of appropriate quality, and whose competitive proposal is recognized as the best based on the evaluation results.

31. The decision on the results of the competition shall be made by the competition commission at a closed meeting, in the presence of at least half of its members, by open voting by a simple majority of votes. In the event of a tie, the vote of the chairman of the competition commission shall be decisive.

The decision of the competition commission is recorded in minutes, which are signed by all members of the commission who participated in the voting.



33. If only one participant took part in the competition and their proposal was not rejected, a contract for the provision of services is concluded with that participant for a period not exceeding 12 months.

34. An extract from the minutes of the meeting of the competition commission on the results of the competition shall be signed by the chair and secretary of the competition commission and sent within three calendar days to all participants in the competition.

35. A contract for the provision of services shall be concluded with the winner of the competition within five calendar days after the competition commission adopts a decision.

Financing the holding of the competition

36. Financing of the preparation and holding of the competition shall be carried out by its organizer from funds contributed by the competition participants as a participation fee, as well as from its own funds.

37. In the event that a competition does not take place, the fee paid by its participants shall be returned to them, and the costs of preparing the competition shall be reimbursed at the expense of its organizer.

38. If the competition has taken place, the fee paid by its participants is non-refundable and is used to cover expenses related to its preparation and holding.

Consideration of disputes

39. Disputes arising as a result of the competition are considered in the manner established by legislation.