The Ukrainian Cabinet of Ministers has updated Resolution No. 909 of 20 August 2021, which establishes the rules for holding tenders to select investors in public-private partnership (PPP) projects. This technical amendment aligns the resolution with the new Law on Public-Private Partnership, which came into force on 31 October 2025. The law stipulates that, from 1 January 2027, all tenders and competitive dialogue procedures must be conducted exclusively through the ProZorro electronic public procurement system.
According to the Ukrainian Ministry for Development of Communities and Territories, the ProZorro and ProZorro.Sales systems currently lack the necessary functionality to conduct tenders under the new law. The ministry expects the development of this technical solution and the launch of an electronic trading system for such tenders to be completed within the next 12 months.
The new law also requires the government and ministries to update all bylaws within a year. There are over 30 such documents, and full implementation of the law is impossible without adapting them.
Currently, international partners, including the EBRD, the IFC, and the World Bank, are involved in the drafting of these acts. They are providing expert and technical support to the Ministry for Development of Communities and Territories and the Ministry of Economy.
The first PPP project being prepared by the ministry concerns the container terminal at Chornomorsk Port. It will be conducted using the competitive dialogue procedure, which is in two stages: prequalification and selection of the best proposal.
Prequalification will ensure that only investors with proven experience in managing large-scale infrastructure facilities and sufficient financial capacity are eligible to take part in the tender. Companies under sanctions, registered in offshore jurisdictions, undergoing bankruptcy proceedings, or linked to the aggressor state will not be eligible.
A tender commission, including representatives from relevant ministries, the local Chornomorsk community, and trade unions, will then determine the best proposal.
The EBRD and the IFC have already engaged leading international advisors to help prepare the tender documentation. According to the ministry, this will ensure a transparent process and compliance with the best global practices.
As previously reported, the Ministry for Development of Communities and Territories held a meeting of the tender commission in November to select an investor for PPP projects involving two terminals at the Chornomorsk port. During the meeting, commission members approved a draft instruction for prospective participants. The document outlines the key requirements, the participation rules, and the application submission procedures.
The final version of the instruction, which will be included in the tender documentation, was also approved. In addition, the commission reviewed and approved amendments to the strategy for implementing and conducting the concession tender under the competitive dialogue procedure.
The updated strategy incorporates proposals from commission members and consultants engaged by international financial institutions, and it clarifies the stages of the project's further implementation.
