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Ministry of Justice

Republic of Uzbekistan

 On May 21, 2018 No. 3015

THE ORDER OF THE DIRECTOR OF THE NATIONAL AGENCY OF PROJECT MANAGEMENT IN CASE OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of May 15, 2018 No. 186

About approval of the Regulations on activities of the operator of special information portal concerning the organization and carrying out public procurements

According to the Law of the Republic of Uzbekistan "About public procurements" I order:

1. Approve Regulations on activities of the operator of special information portal concerning the organization and carrying out public procurements according to appendix.

2. This order becomes effective from the date of its official publication.

Director

Sh. Sadikov

Appendix

to the Order of the director of the National agency of project management in case of the President of the Republic of Uzbekistan of May 15, 2018 No. 186

Regulations on procedure for activities of the operator of special information portal concerning the organization and carrying out public procurements

This Provision according to the Law of the Republic of Uzbekistan "About public procurements" determines general requirements to the Operator of special information portal (further - the Operator) and procedure for its activities for the organization of public procurements on special information portal (further - the portal).

Chapter 1. General provisions

1. The national agency of project management in case of the President of the Republic of Uzbekistan (further - the Agency) as the Operator determines the legal entity meeting the requirements of this provision.

2. In this Provision the following basic concepts are used:

advance payment - the sum of financial resources granted by the state customer (further - the customer) and the participant of procurement procedures, including sales charge of the operator and deposit of the parties in the sizes determined by the Agency;

the admission to electronic public procurements - the procedure in case of which the Operator performs the admission of the customer and participant of procurement procedures to electronic procurement procedures according to this Provision;

personal office - the individual page of the customer or participant of procurement procedures on the portal by means of which access for participation in electronic public procurements, and also to placement or receipt of necessary information is provided;

clearing house (further - RCP) - the structural division of the Operator providing accounting of the procurement procedures of money entered by customers and participants and carrying out calculations between them;

the participant of procurement procedures (further - the participant) - the resident and the nonresident of the Republic of Uzbekistan participating in procurement procedure as the applicant for execution of public procurements. The participant determined by the winner following the results of procurement procedures with whom the agreement is signed is contractor of public procurements (further - the contractor).

Chapter 2. Operator

§ 1. Requirements to the Operator

3. The following requirements are imposed to operators:

availability of the electronic information system providing placement of information on public procurements and access to this information, obligation fulfillment guarantee through RCP, processing of statistical data on public procurements;

availability of qualified personnel in the field of electronic commerce and information technologies;

placement of the portal on the hardware technical means which are in the territory of the Republic of Uzbekistan;

lack of the insolvency proceedings entered concerning it.

4. The agency has the right to request from the legal entity wishing to perform functions of the Operator (further - the Applicant), data on availability at it qualified personnel in the field of public procurements.

§ 2. Determination of the Operator

5. The applicant directs to the Agency the application with application of documents, the this provision confirming its compliance to requirements, and also the draft of Rules of ethical behavior developed according to requirements of the legislation.

6. The agency after receipt of the statement studies in a month the submitted documents regarding compliance to the requirements established by this Provision.

7. Following the results of studying the Agency accepts one of the following decisions:

about allowance of the application and investment of the Applicant with functions of the Operator;

about failure in allowance of the application.

8. In case of investment of the Applicant with functions of the Operator the agreement in which the size of sales charge for benefit of the Operator from customers and participants is provided is signed with it. The size of sales charge is single for all Operators.

9. The operator has the right to refuse execution of functions of the Operator on own initiative, having sent in five months to the Agency the notification on agreement cancelation.

10. The operator can be discharged of execution of the functions according to the decision of the Agency in cases:

fundamental breach by it of the legislation on public procurements;

introductions of insolvency proceedings concerning it.

11. In case of discharge of the Operator from execution of the functions the agreement signed between the Agency and the Operator is terminated according to the procedure, provided by this agreement.

§ 3. Functions, rights and obligations of the Operator

12. The operator performs the following functions:

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