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Ministry of Justice

Republic of Uzbekistan

 On May 14, 2018 No. 3013

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

of May 1, 2018 No. 180

About approval of the Regulations on claim treatment procedure in the sphere of public procurements

(as amended on 22-10-2021)

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

1. Approve Regulations on claim treatment procedure in the sphere of 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 1, 2018 No. 180

Regulations on claim treatment procedure in the sphere of public procurements

This Provision is developed according to the Law of the Republic of Uzbekistan "About public procurements" and determines claim treatment procedure in the sphere of public procurements by the permanent Commission on consideration of claims in the sphere of public procurements (further - the Commission).

Chapter 1. General provisions

1. Each participant, and also persons exercising control (further - the applicant), have the right to appeal judicially or in the Commission of action (failure to act) of the state customer (further - the customer), procurement commission, her members, the operator of electronic system of public procurements (further - the Operator) if such actions (failure to act) violate the rights and legitimate interests of the participant.

2. Questions of dispute settlement and disagreements within obligation fulfillment under the contracts signed by results of public procurements, the Commission are not considered and are subject to permission according to the procedure, established by the legislation.

Chapter 2. Tasks and procedure for forming of the Commission

3. The commission is permanent body and performs the functions according to the Law of the Republic of Uzbekistan "About public procurements", this Provision and other acts of the legislation.

4. Commission:

establishes prohibition on illegal actions, decisions or execution of illegal procedures by the customer;

in parts or in full cancels illegal decisions of the customer, including if they violate documentation conditions in the sphere of public procurements;

passes the decision on completion of procurement procedures;

makes the decision on inclusion of the contractor in the Unified register of unfair contractors.

5. The commission is created by the Ministry of Finance of the Republic of Uzbekistan which part representatives of the relevant state bodies are, of Operators and the public and affirms the Cabinet of Ministers of the Republic of Uzbekistan.

6. Functions of working body of the Commission are performed by the Ministry of Finance of the Republic of Uzbekistan.

7. Are part of the Commission:

commission chairman;

vice-chairman of the Commission;

members of the commission.

8. The commission chairman and the vice-chairman of the Commission within the powers:

organizes activities of the Commission and observance of the schedule of its work;

appoints day of consideration of claims and holds commission session;

distributes obligations among members of the commission;

organizes control over the implementation of the decisions made by the Commission.

prepares and announces periodic reports for work of the Commission on special information portal.

The commission chairman can perform and other powers according to acts of the legislation.

The commission chairman bears the personal responsibility for accomplishment of the tasks assigned to the Commission.

In the absence of the commission chairman its functions are performed by the deputy.

9. Members of the commission within the powers:

participate in work of the Commission;

participate in vote in case of decision making;

at the request of the commission chairman submit the corresponding conclusions on the questions brought for consideration of the Commission;

request from bodies of the public and economic board, the state customers, participants, contractors, Operators and other organizations any information, materials and the explanations necessary for its activities;

perform other functions connected with consideration of claims concerning public procurements.

10. If necessary the Commission has the right to involve experts as independent experts without voting power.

11. Commission session is considered competent if at it there are at least two thirds of total number of members of the commission.

12. In case of straight line or indirect personal interest of the chairman, his deputy or member of the commission which can lead to conflict of interest by consideration of the question included in the agenda of commission session, the chairman his deputy or the member of the commission shall declare prior to the meeting it.

In that case the chairman, his deputy or the member of the commission in case of straight line or indirect personal interest which can lead to conflict of interest by consideration of question does not take part in consideration of the specified question.

13. Commission sessions are drawn up in protocols of meetings.

14. Working body of the Commission:

provides timely preparation of all required materials for the regular meeting of the Commission;

creates personal offices for members of the commission on special information portal;

ensures safety of documents of the Commission;

sends claims to personal offices of members of the commission;

provides collection, generalization and representation of all necessary documents to the commission chairman to the regular meeting;

includes contractors in the Unified register of unfair contractors based on the decision of the Commission;

takes the minutes of the Commission.

15. The working body of the Commission after receipt of the claim from the applicant in the Commission and setting a date of its consideration, performs organizational actions for holding meeting according to the requirement of this provision.

Chapter 3. Procedure for submission of claims

16. The applicant makes the complaint in the Commission in writing or electronic type through its personal office. The proofs confirming the facts which are specified in it are attached to the claim.

Anonymous addresses are not considered by the Commission.

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