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LAW OF THE REPUBLIC OF UZBEKISTAN

of April 9, 2018 No. ZRU-472

About public procurements

(as amended of the Law of the Republic of Uzbekistan of 03.12.2019 No. ZRU-586)

Accepted by Legislative house on January 25, 2018

Approved by the Senate on March 29, 2018

Chapter 1. General provisions

Article 1. Purpose and scope of this Law

The purpose of this Law is regulation of the relations in the field of public procurements.

Operation of this Law extends to public procurements:

the developments performed in case of implementation of state programs, the projects provided by decrees, resolutions and orders of the President of the Republic of Uzbekistan, decisions of the Government of the Republic of Uzbekistan and also in case of realization of economic activity of the state customers;

financed by means of budgets of the budget system and other state trust funds of the Republic of Uzbekistan, foreign grants provided within prisoners by the President of the Republic of Uzbekistan and the Government of the Republic of Uzbekistan of contracts with the donor countries, the international, foreign government and non-governmental organizations and the foreign loans attracted under guarantee of the Republic of Uzbekistan.

Operation of this Law does not extend to public procurements:

conducted by strategic subjects public procurements according to the list approved by the President of the Republic of Uzbekistan, except for public procurements of the goods, works, services performed in case of implementation of state programs of development, the projects provided by decrees, resolutions and orders of the President of the Republic of Uzbekistan, decisions of the Government of the Republic of Uzbekistan;

for safety of persons which are subject to the state protection, defense capability, safety and maintenance of internal procedure in the Republic of Uzbekistan, and also connected with the state secrets;

goods (works, services), needs of the Republic of Uzbekistan, necessary for providing, in cases of emergency situations;

if procedures of the donor countries, the relevant international, foreign government and non-governmental organizations or conditions of provision of foreign secured loans of the Republic of Uzbekistan and foreign grants determine other procedure for purchase of goods (works, services);

performed for preparation and elections of the President of the Republic of Uzbekistan, in Oliy Majlis of the Republic of Uzbekistan, regional, district and city Kengasha of People's Deputies, and also referenda of the Republic of Uzbekistan;

connected with assignment of counsel (representative) for participation in legal proceedings;

goods (works, services) on which fixed prices according to the legislation are established.

Article 2. Legislation on public procurements

The legislation on public procurements consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about public procurements then are applied rules of the international treaty.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

the state customer - the legal entity conducting public procurements;

public procurement - acquisition on paid basis the state customers of goods (works, services);

subjects of public procurements - the state customer, the participant of procurement procedures, the contractor of public procurements, procurement commission, the operator of special information portal and the expert;

the agreement on public procurements - the agreement between the state customer and the contractor of public procurements on establishment, change or the termination of the rights and obligations on public procurements;

special information portal - the website and special electronic platform of the operator providing carrying out public procurements, placement and access to viewing electronically of announcements of public procurements, information on results of public procurements, proposals of participants of procurement procedures and other information, stipulated by the legislation and also carrying out electronic public procurements;

the operator of special information portal - specially authorized legal entity rendering to subjects of public procurements of service, connected with the organization and holding procurement procedures, placement on special information portal of announcements, requests and public procurements and their results other information;

procurement procedure - set of actions for public procurement;

the expert - the physical person having special knowledge for issue of the conclusion;

electronic public procurements - methods of implementation of public procurements by means of information and communication technologies through software and hardware complex of special information portal, such as electronic shop and auction on lowering of the starting price;

the announcement - the information message about the forthcoming public procurements with indication of method of implementation, requirements and conditions of public procurements, terms and procedure for submission of offers placed by the state customer on special information portal.

Article 4. Basic principles of public procurements

The basic principles of public procurements are:

professionalism of the state customer;

justification;

rationality, profitability and efficiency of use of financial resources;

openness and transparency;

competitiveness and objectivity;

harmony;

unity and integrity of system of public procurements;

inadmissibility of corruption.

The basic principles of public procurements shall be applied at all stages of process of public procurements.

Article 5. Principle of professionalism of the state customer

Professionalism of the state customer is provided by establishment to employees of the relevant divisions of requirements about availability of profile education, regular advanced training and step-by-step operating time of practical experience.

The state customer shall determine person responsible for the organization and holding procurement procedures.

In the presence of conflict of interest person responsible for the organization and holding procurement procedures is subject to discharge from the carried-out functions.

Article 6. Principle of justification

Public procurements shall be conducted taking into account feasibility and need of their carrying out, justification of the choice of goods (work, service), its consumer properties (description), high-quality parameters and cost for effective satisfaction of the real needs and needs of the state customer providing the solution of the tasks facing it.

Article 7. Principle of rationality, profitability and efficiency of use of financial resources

Public procurements shall be conducted by the rational and economic method allowing:

consider costs of the state customer for carrying out public procurements and the cost of goods (works, services);

it is effective to use the funds allocated for public procurements including to provide optimum ratio between benefits from purchase of goods (works, services), their quality and cost (taking into account costs of operational cycle);

carry out public procurements to optimum terms.

Article 8. Principle of openness and transparency

The openness and transparency of public procurements is performed in the way:

placements of information on public procurements on special information portal with providing in the procedure for full, timely, open and non-paid access of the relevant state bodies, subjects of public procurements established by the legislation and the public, except as specified, stipulated by the legislation;

creation and ensuring safety of documents and reports on procurement procedures.

Article 9. Principle of competitiveness and objectivity

Competitiveness in public procurements is maintained due to use of mechanisms of competitiveness between participants of procurement procedures, impartiality and transparency by consideration of proposals of participants of procurement procedures and adoption of the final decision for benefit of optimal variant based on objective and reasonable criteria.

Objectivity of public procurements provides impartiality of consideration of proposals of participants of procurement procedures and adoption of the final decision for benefit of optimal variant.

Objectivity of public procurements is based on:

providing equal opportunities to participants of procurement procedures;

creation of the conditions providing the competition and impartiality concerning subjects of public procurements;

open, public and competitive mechanisms of consideration of claims, disputes and disagreements in the course of public procurements and acceptance of adequate measures.

Article 10. Principle of harmony

Harmony in public procurements is provided with compliance:

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