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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of February 20, 2018 No. PP-3550

About measures for enhancement of procedure for conducting examination of the preproject, project, tender documentation and contracts

(as amended on 27-11-2020)

For the purpose of creation of effective and accurate mechanisms of conducting examination of the preproject, project, tender documentation and contracts, and also according to resolutions of the President of the Republic of Uzbekistan of December 18, 2017 No. PP-3437 "About implementation of new procedure for forming and financing of state programs of development of the Republic of Uzbekistan" and of January 8, 2018 No. PP-3464 "About creation of effective system of complex examination of documentation within forming and implementation of state programs of development of the Republic of Uzbekistan, implementation of public procurements":

1. Approve:

Regulations on procedure for development, conducting complex examination and approval of the preproject and project documentation of investment and infrastructure projects according to appendix No. 1;

Regulations on procedure for conducting complex examination of the tender documentation and the specification on public procurement of goods (works, services) according to appendix No. 2;

Regulations on procedure for conducting examination and registration of contracts according to appendix No. 3;

Ceased to be valid according to the Resolution of the President of the Republic of Uzbekistan of 19.07.2018 No. PP-3874

2. Determine that SUE The Center of Complex Examination of Projects and Import Contracts under the Ministry of Economic Development and Reducings Poverty of the Republic of Uzbekistan (further - the Center), along with the powers conferred by the legislation performs:

a) complex examination of specifications on development of the preproject and project documentation, and also, the preproject and project documentation according to the investment and infrastructure projects realized according to production sharing agreements, and also providing production and/or conversion of strategic minerals irrespective of financing sources;

b) complex examination of specifications on public procurement of goods (works, services) on the amount over five thousand basic settlement sizes;

c) examination and registration of import contracts for the amount over forty thousand basic settlement sizes and the supplementary agreements to them signed by strategic purchasers on the basis of selection of the best offers and direct negotiations according to the procedure, established by the legislation.

3. Determine that for carrying out:

complex examination of the tender documentation and contracts, including import, the payment in the amount of percent 0,1 from their total amount excluding tax on value added, but no more 100-fold basic settlement size is levied;

complex examination of PTEO/PTER and TEO/TER of projects the payment is levied according to the procedure, established by appendix No. 4 to this resolution.

Examination is performed on condition of 100 percent advance payment.

For conducting examination of the following documents the payment is not levied:

specification on development of the preproject or project documentation, and also on public procurement of goods (works, services);

the import contracts signed based on decisions of the President of the Republic of Uzbekistan and the Government of the Republic of Uzbekistan in which suppliers and/or the cost of the purchased goods (works, services) are determined;

the import contracts signed following the results of tendering process under which tender documentation passed the examination in the Center;

the preproject and project documentation on infrastructure projects, and also the projects realized based on decisions of the President of the Republic of Uzbekistan and the Government;

the tender documentation and import contracts on the public procurements of goods (works, services) performed at the expense of means of the Government budget, the state trust funds, Fund of reconstruction and developments of the Republic of Uzbekistan, the loans (loans) attracted under guarantee of the Government of the Republic of Uzbekistan.

4. To the national agency of project management in case of the President of the Republic of Uzbekistan together with:

To provide with the ministry of development of information technologies and communications of the Republic of Uzbekistan and other interested departments implementation till February 1, 2019 of experimental procedure for electronic document management for the conclusion of agreements, implementation of calculations, information transfer, and also use of the digital signature through information system when implementing by the Center of examination and registration;

The Ministry of Finance, the Ministry of development of information technologies and communications of the Republic of Uzbekistan following the results of experimental procedure to make offers on implementation of electronic document management through information system for the purpose of ensuring its broad application, and also development of standards, regulations and rules on use of electronic documents which according to the legislation have the status equivalent to documents on papers;

The Ministry of Economics, the Ministry of Finance, the State committee on investments, the State committee on architecture and construction to make in the Cabinet of Ministers of the Republic of Uzbekistan offers on optimization of powers of the state bodies duplicating powers of the Center and also to abolition of their relevant structural divisions, proceeding from provisions of this resolution in a month.

5. Make changes and additions to some acts of the President of the Republic of Uzbekistan and the Government of the Republic of Uzbekistan according to appendix No. 5.

6. Recognize invalid some acts of the President of the Republic of Uzbekistan and the Government of the Republic of Uzbekistan according to appendix No. 6.

7. To impose control of execution of this resolution on the Prime Minister of the Republic of Uzbekistan A. N. Aripov and the director of the National agency of project management in case of the President of the Republic of Uzbekistan Sh. M. Sadikov.

President of the Republic of Uzbekistan

Shavkat Mirziyoev

Appendix No. 1

to the Resolution of the President of the Republic of Uzbekistan of February 20, 2018 No. PP-3550

Regulations on procedure for development, conducting complex examination and approval of the preproject and project documentation of investment and infrastructure projects

Chapter 1. General provisions

1. This Provision determines procedure for development, conducting complex examination and approval of specifications on development of the preproject and project documentation, and also preproject and project documentation (further - documentation) by investment and infrastructure projects.

2. Action of this provision extends to documentation developed on projects:

a) financed by means of budgets of the budget system, Fund of financing of state programs of development of the Republic of Uzbekistan under the Cabinet of Ministers of the Republic of Uzbekistan, Fund of reconstruction and developments of the Republic of Uzbekistan:

on infrastructure projects using the standard and repeatedly applied projects (construction of facilities of the social sphere and housing stock) - regarding examination of the standard project. At the same time examination of further binding of the standard project is performed in SUE Ekspertiza gradostroitelnoy dokumentatsii under the Ministry of construction of the Republic of Uzbekistan;

according to individual and other investment and infrastructure projects - with the cost of 10 billion sum and more. At the same time projects with cost less than 10 billion sum are subject to examination in SUE Ekspertiza gradostroitelnoy dokumentatsii under the Ministry of construction of the Republic of Uzbekistan;

b) implemented based on the separate decisions of the President of the Republic of Uzbekistan providing privileges on taxes and other obligatory payments (except for the projects specified in subitems "a", "b" and "v" of Item 3 this provision);

c) implemented by bodies of economic board, business entities from shares of the state in authorized fund (capital) of 50 percent and more and business entities, in authorized fund which (capital) of 50 percent and more belongs to the legal entity from shares of the state of 50 percent and more - on projects with cost in equivalent more than 5 million US dollars (except for projects which financing is performed according to the subitem "an" of this Item);

d) providing production and/or conversion of strategic minerals, irrespective of financing sources (except for the projects specified in subitems "b" and "v" of Item 3 this provision).

3. Action of this provision does not extend to the project documentation:

a) implemented with participation of the international financial institutions and foreign government financial organizations;

b) for which decisions of the President of the Republic of Uzbekistan establish separate procedure for development, conducting examination and approval;

c) implemented according to production sharing agreements;

d) performed by subjects of private entrepreneurship irrespective of the financing sources including included in State programs of development of the Republic of Uzbekistan (under condition if it does not contradict the subitem "g" of Item 2 this provision).

Action of this provision also does not extend to projects which at least 70 percent of cost are financed by direct foreign investments, irrespective of sources of financing of the rest (except for the projects specified in the subitem "g" of Item 2 this provision).

4. In independence of the requirements established by Items 2 and 3 of this provision, initiators (customers) of projects can bring on voluntary and contractual basis in SUE The Center of Complex Examination of Projects and Import Contracts under the Ministry of Economy and Industry of the Republic of Uzbekistan (further - the Center) for complex examination of documentation on investment and infrastructure projects.

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

the initiator (customer) - the state bodies, state-financed organizations, legal entities or physical persons initiating project implementation;

the investment project - the project directed to implementation or investment attraction for receipt of economic, social and other benefits;

the infrastructure project - the project directed to construction, upgrade, reconstruction and expansion of social, road and transport, water management and engineering and communication objects with low profitability or its absence;

the specification on development of the preproject documentation (further - the specification) - the document establishing the main directions of the developed preproject documentation of the project, its technical characteristics, indicators of quality and technical and economic requirements, the instruction on accomplishment of necessary stages of development of documentation and its structure, and also other special requirements;

the developer - the contractor on development of the preproject or project documentation attracted with the initiator (customer) according to the legislation or based on the agreement, having the license for designing of objects in the respective sphere if receipt of the license for implementation of this type of activity is stipulated by the legislation;

the feasibility statement or technical and economic calculation (further - TEO/TER) - the preproject documentation proving the choice of the most effective technical and technological and organizational solution of project implementation on the basis of consideration of options determining the ceiling price of the project in general and amount of need for financing taking into account the worked precedent conditions of financing of projects;

the working project (further - RP) - the project document consisting of the approved part with the main technical and economic indicators with the ceiling price and working documentation and also the engineering design combined with working drawings;

working documentation - the project document consisting of set of working drawings on certain buildings and constructions and work types. In case of creation of working documentation on difficult objects the additional studies specifying project materials to which working drawings are developed in general on the building and construction are performed. Calculations of change of costs of work and expense of the main construction materials shall be given in working documentation, specifications, and on the corresponding types of the equipment and products - dimensional schemes, passports of construction working drawings of the building and construction are constituted. As a rule, working documentation is developed based on TEO/TER of the project approved in accordance with the established procedure;

industry scientific and technical council (further - ONTS) - the collegiate organ created by the decision of the initiator (customer) of the project for determination of the main technical technology solutions of the project regarding compliance of its prospect of development of industry taking into account tendencies of development of the world markets, implementations of advanced technologies and profound conversion of domestic raw materials;

strategic minerals - precious, non-ferrous, rare and rare-earth metals, hydrocarbons, coal, uranium.

6. Development, examination and approval of the preproject documentation is performed according to the scheme specified in appendix No. 1 to this Provision.

Chapter 2. Development of documentation

7. Development of the specification is performed by the initiator (customer) together with the relevant ministry (department). The structure of the specification on development of TEO/TER is established according to appendix No. 2 to this Provision.

8. Development of the preproject and project documentation of projects is performed in the following options:

a) development of TEO/TER of the project with the subsequent development of the working project documentation;

b) development of the working project.

9. Development of TEO/TER of the project is performed by developer based on the approved specification which passed the examination in the Center taking into account study of preliminary sources and financing terms of project implementation.

10. Depending on project sales terms, the preproject and project documentation of the project is developed in one of the following options (appendix No. 3 to this Provision):

a) development of the feasibility study with conducting examination by the Center - in case of implementation of investment projects;

b) development of TER with conducting examination by the Center - in case of implementation of infrastructure projects;

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