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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

(as amended on 24-02-2020)

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 Ministry of Finance of the Republic of Uzbekistan (further - the Ministry of Finance) 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 Ministry of Finance;

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 information system providing placement of information on public procurements and access to this information, processing of statistical data on public procurements, use of the qualifier of goods (works, services) when implementing public procurements, carrying out electronic public procurements, the conclusion of agreements by results of electronic procurement procedures and providing guarantees of obligation fulfillment through RCP;

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 Ministry of Finance 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 Ministry of Finance 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 Ministry of Finance 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 Ministry of Finance 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 Ministry of Finance the notification on agreement cancelation.

10. The operator can be discharged of execution of the functions according to the decision of the Ministry of Finance 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 Ministry of Finance 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:

provides smooth functioning of the portal, safety and integrity of information placed on it, combination in accordance with the established procedure of functioning of this portal with official websites and information systems of relevant organs of public administration;

provides storage of information electronically, including electronic documents and electronic messages, according to the legislation;

will organize information exchange between state bodies in the portal;

places special information portal on the hardware technical means which are in the territory of the Republic of Uzbekistan;

performs technical support of the portal;

performs interaction with the Ministry of Finance, the Ministry of investments and foreign trade of the Republic of Uzbekistan, Republican design institute "Uzinzhiniring" under the Cabinet of Ministers of the Republic of Uzbekistan and other interested ministries and departments;

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