Friday, 24 January 2025 15:32 
🌐International Tenders for Construction Companies: From Participation to Victory
On January 20, 2025, the webinar "International Tenders — Step-by-Step Guide for Construction Companies" was held, organized by the Confederation of Builders of Ukraine in collaboration with Dictio Law Firm, a member of the CBU Board of Directors.
✔️Oleksandr Chervak, CEO of the CBU, introduced the webinar speakers, emphasizing that the experts' experience can help not only participate in tenders on a competitive basis but also significantly increase the chances of winning an international tender.
👤Olena Shtohryn, Managing Partner of Dictio Law Firm, spoke about the role of international donors and why it is crucial for Ukraine to participate in international tenders.
She highlighted that a large number of international organizations operate in Ukraine, including:
🔹Intergovernmental organizations: United Nations Development Programme (UNDP), World Bank, United Nations International Children's Emergency Fund (UNICEF), European Investment Bank, etc.
🔹Government donors: United States Agency for International Development (USAID), German Agency for International Cooperation (GIZ), etc.
🔹International financial institutions: International Monetary Fund (IMF), International Finance Corporation (IFC), etc.
🔹Public and charitable organizations: International Renaissance Foundation, Caritas Ukraine, etc.
Ms. Shtohryn also introduced EU’s Ukraine Facility financial support program, which provides €50 billion investments in Ukraine during 2024–2027, to the webinar participants.
One of the criteria for Ukrainian companies' interest in international tenders, as noted by Olena Shtohryn, is the possibility of employee exemptions from mobilization. If a company is the executor of a given project, it has the right to submit an application to have the enterprise recognized as critical and to gain the ability to exempt individuals directly involved in the project.
☝️Employees eligible for exemption include:
🔸Those engaged in projects critical to the economy, security, or state recovery;
🔸Those involved (as per internal documents such as orders/job descriptions) in projects of international technical assistance.
👤Irina Omelianenko, Deputy Managing Director/Procurement Expert at iC consulenten Ukraine and procurement expert, explained the conditions necessary for participating in donor projects, where to find them, and what to avoid.
❓Where to find tender announcements:
◾ On the Prozorro website (news ➡ international donor procurements and public procurements of other countries);
◾ On the websites of international financial organizations;
◾ On the websites of municipalities/utilities, etc.;
◾ On the social media pages of donor organizations.
❓Why donors do not use the Prozorro platform and conduct tenders according to their own procedures
According to Article 6 of the Law of Ukraine "On Public Procurement": the procurement of goods, works, and services funded by loans, credits, and grants provided by international financial organizations is carried out according to the rules and procedures established by these organizations.
If such rules and procedures are not established, procurement is carried out according to the Law of Ukraine "On Public Procurement," considering the requirements for the degree of localization of production.
📅 Regarding the timeline of a tender, Ms. Omelianenko noted that the entire process usually takes 30–40 (rarely 55) days.
📍She outlined the main stages of the tender procedure:
💠Publication of the procurement announcement.
The organization publishes information about the tender, and interested parties can request the tender documentation for the project.
💠Pre-tender meeting.
A meeting where detailed practical information about the tender procedure is provided, including when and how to submit an application and key points to focus on. This is also an excellent opportunity to visit the future construction site and assess competitors for the tender.
💠Written inquiries from tender participants.
A 10–14 day period during which participants can send written inquiries regarding the future construction project.
💠Tender committee responses.
Within a specified timeframe (usually one week), the tender committee provides answers to previously submitted questions.
💠Submission and opening of tender proposals.
🗨️ "If you understand the stages and their durations, you can effectively allocate resources, evaluate your capabilities, and prepare your tender proposal accordingly," said Irina Omelianenko.
A mandatory step in tender participation is analyzing the qualification requirements — a key component of the tender documentation that determines eligibility for participation in international procurement procedures. The primary requirements include:
◽ Eligibility;
◽ Average annual revenue;
◽ Work experience;
◽ Financial resources;
◽ History of contract non-fulfillment and legal disputes;
◽ Availability of necessary personnel and equipment.
If a company does not meet the qualification requirements, it is common to form partnerships with business collaborators.
❓What are the benefits:
✔️No need to register a new legal entity;
✔️One lead partner (responsible for meeting at least 40–60% of the criteria related to average annual revenue, financial resources, and work experience);
✔️A cooperation agreement defining the leader and the distribution of responsibilities for fulfilling the contract among all members/partners in the consortium.
❓How to prepare a tender proposal
It is important to perform a self-diagnosis using the YouControl platform to verify and align all company data available in open sources. Specifically, it is crucial to check the company’s turnover, tax debts, criminal cases, and decisions of the Antimonopoly Committee.
Ms. Omelianenko explained that there are currently several ways to submit tender proposals. For example, some donors have their own electronic platforms for uploading tender proposals, others accept encrypted proposals via email, and some request the delivery of hard copies. All this information is specified in the instructions for tender participants.
The expert noted that the lowest price does not guarantee winning the tender. Tender proposals are evaluated based on:
🔹Completeness of the proposal;
🔹Compliance with qualification and technical requirements;
🔹Additional requested information.
In addition to staff exemption, Ms. Omelianenko highlighted other advantages of participating in donor projects, such as VAT exemption and direct payments to the contractor's foreign currency account.
👥At the end of the webinar, participants had the opportunity to join a discussion and receive comprehensive answers to their questions.
💻Detailed information and the full webinar recording (Ukrainian language) can be found:
Facebook page:
https://www.facebook.com/kbuorgua/videos/622694520375861
YouTube channel:
WE WILL WIN AND REBUILD EVERYTHING! 💪
TOGETHER TO VICTORY!
GLORY TO UKRAINE! 💙💛