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Ministry of Justice

Republic of Uzbekistan

 On May 26, 2018 No. 3016

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

of May 15, 2018 No. 185

About approval of the Regulations on procedure for the organization and holding procurement procedures

(as amended on 24-02-2020)

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

1. Approve Regulations on procedure for the organization and holding procurement procedures according to appendix.

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

Director

Sh. Sadikov

Appendix

to the Order of the National agency of project management in case of the President of the Republic of Uzbekistan of May 15, 2018 No. 185

Regulations on procedure for the organization and holding procurement procedures

This Provision according to the Law of the Republic of Uzbekistan "About public procurements" (further - the Law) determines procedure for the organization and holding procurement procedures.

Chapter 1. General provisions

1. In this Provision the following basic concepts are applied:

advance payment - the sum of financial resources granted according to the procedure, established by the legislation the state customer and the participant of procurement procedures, including sales charge of the operator and deposit of the parties;

the state customer (further - the customer) - the legal entity conducting public procurements;

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;

the single supplier - the subject of natural monopoly, subjects determined by separate decrees, resolutions and orders of the President of the Republic of Uzbekistan or resolutions of the Cabinet of Ministers of the Republic of Uzbekistan and also the supplier of unique goods (works, services) concerning whose public procurement there are no alternatives in the market;

tender - type of implementation of procurement procedure in case of which the winner the participant who offered the best terms of agreement performance is recognized;

the competitive offer - the proposal of the participant concerning tender subject provided according to the conditions determined in the tender documentation;

lot - the quantitative part of subject of purchase determined by the customer as set of the uniform goods grouped in various signs (to destination, to technical and functional characteristics) and which is purchased under the separate agreement;

providing the offer - the providing offers provided by the participant upon the demand of the customer and obligation fulfillment in the form of pledge, guarantees, deposit or other method, stipulated by the legislation;

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

the schedule - the document providing amounts and terms of placement of purchases of goods (works, services);

the direct agreement on public procurements (further - the direct agreement) - 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 who is subject to registration in special information portal;

the step size - the cash interval determined in percentage ratio for which the starting price or the price of the previous participant of auction of lowering of the starting price falls;

it is settlement - Clearing House (further - RCP) - the structural division of the operator of the portal providing access to electronic procurement to the participants capable to fulfill agreement obligations, by deposition and accounting of their advance payments;

the register of single suppliers - information resource which is conducted by the operator of special information portal in coordination with authorized body in the field of public procurements;

the reserve contractor - the participant whose proposal according to the decision of procurement commission is recognized as the most acceptable after the proposal of the participant declared as the winner following the results of procurement procedures;

special information portal (further - the 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 tender and other information, stipulated by the legislation and also carrying out electronic public procurements;

the subject of natural monopoly - the business entity (legal entity) occupied with production (realization) of goods (works, services) in the conditions of natural monopoly;

the tender offer - the proposal of the participant concerning subject of the tender provided according to the conditions determined in the tender documentation;

authorized body in the field of public procurements (further - authorized body) - the Ministry of Finance of the Republic of Uzbekistan;

electronic system of public procurements (further - electronic system) - program complex of the organizational, information and technical solutions providing interaction of subjects of public procurements in the course of electronic public procurements;

electronic public procurements - forms of implementation of public procurements by subjects of public procurements by means of use of information and communication technologies.

2. Types of implementation of procurement procedures are:

electronic shop;

auction on lowering of the starting price (further - auction);

tender;

tender;

public procurement at the single supplier.

Public procurements can be conducted electronically.

3. Preparation for the forthcoming purchases includes:

placement of annual or quarter schedules of purchases on the portal;

placement of announcements of carrying out purchases on the portal;

introduction by customers and participants of procurement procedures (further - participants) the advance payments providing their participation in procurement.

4. The schedule of purchases placed on the portal shall contain the following data:

subject of purchases;

month of carrying out purchases;

name and customer's address;

sources of financing of subject of purchases;

place (address), terms and delivery conditions of goods, performance of works, rendering services.

Chapter 2. Electronic public procurements

§ 1. General terms of carrying out electronic public procurements

5. The admission of customers and participants to electronic public procurements (further - electronic procurement) is provided after introduction by them on the personal accounts in RCP of advance payments.

6. Customers and participants perform the participation in the public electronic procurement with use of the digital signature (further - the EDS). Use by customers and participants of the EDS is the basis for recognition of validity of the agreement signed in electronic system.

7. When implementing procurement procedures by means of electronic shop or auction the inclinations brought by the corporate customer and the contractor are blocked until execution of contractual commitments or agreement cancelation according to the procedure, established by the legislation, except as specified, provided in Item 8 of this provision.

8. Inclinations of members of electronic shop and auction are blocked until submission of offers by other participants with lower price.

8-1. When carrying out electronic tender or the electronic tender by the budget customer inclinations of participants are blocked by the Operator until determination of the winner. The deposit of the winner of electronic tender or the electronic tender is blocked to the conclusion of the agreement.

When carrying out electronic tender or the electronic tender by the corporate customer need of introduction by participants of deposit and its size are determined by the corporate customer, and also the made deposit is blocked by the Operator to the conclusion of the contract with the winner of electronic tender or the electronic tender. At the same time amount of deposit shall not exceed 3 percent of cost of goods (work, service).

9. Ceased to be valid according to the Order of the Minister of Finance of the Republic of Uzbekistan of 24.02.2020 No. 7

10. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.04.2019 No. 3016-1

11. The size of sales charge of the operator levied from customers and participants is determined according to the procedure, established in legal acts.

12. The electronic system of the operator performs in the automatic mode:

the admission to electronic procurement on each lot according to the amount of the made advance payment;

carrying out electronic procurement;

determination of the contractor by results of electronic procurement;

registration of the transaction and forming of the agreement.

§ 2. Use of electronic shop

13. The electronic shop is created of proposals of participants. The proposal of the participant exposed in electronic shop is the public offer addressed to customers.

14. According to part two of article 43 of the Law, in electronic shop public procurements can be conducted:

goods on the amount which is not exceeding two hundred fifty sizes of basic settlement size under one agreement (for the budget customers - twenty five sizes of basic settlement size), but no more than on the amount two thousand five hundred sizes of basic settlement size a year for one customer;

works, services on the amount which is not exceeding twenty five sizes of basic settlement size for one customer.

15. In the offer placed in electronic shop, the participant specifies:

the name of the offered goods (work, service);

selling price;

maximum and minimum lot of goods;

brand, technical parameters of goods (based on technical data sheet or other document);

photo of goods;

region (city or area) of delivery of goods (work, service);

information on the producer and country of goods' origin;

information on conditions and guarantee period;

year of release of goods;

goods expiration date;

term of performance of work, rendering service;

information on availability of the license, document of allowing nature or certificate (if necessary).

16. The participant bears all completeness of responsibility for reliability of information placed in electronic shop.

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