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LAW OF THE REPUBLIC OF TAJIKISTAN

of March 3, 2006 No. 168

About public procurements of goods, works and services

(as amended of the Law of the Republic of Tajikistan of 16.04.2012 No. 815)

This Law, determining legal, economic and organizational basis of public procurements of goods, works and services, establishes the single rules and procedures connected with public procurements of the goods, works and services performed fully or partially at the expense of public funds of the Republic of Tajikistan.

This Law regulates common economic space on public procurements of goods, works and services, target use of public funds, expansion of circle of participants, expansion of the fair competition, and also enhancement of activities of executive bodies in public procurements of works and services.

Chapter 1. General provisions

Article 1. Coverage of this Law

Operation of this Law extends to all public procurements conducted in the territory of the Republic of Tajikistan, except for public procurements for ensuring national defense, homeland security, the state secrets, precious metals and gemstones, and also for mitigation of consequences of emergency situations and other emergencies according to the decision of the Government of the Republic of Tajikistan.

Article 2. Purpose of this Law

The purpose of this Law are:

- ensuring profitability and efficiency of public procurements;

- expansion of participation and development of the competition between suppliers (contractors) in the sphere of public procurements;

- ensuring transparency and impartiality of the procedure of public procurements;

- enhancement of activities of executive bodies, state companies (organizations) and other organizations in the sphere of public procurements;

- development of the market relations in the sphere of public procurements.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

1. Public procurements - acquisition by the buying organization of goods, works and services as the methods determined by this Law, financed fully or partially by public funds.

2. Public funds - the sources of financing of public procurements consisting from:

- means of the government budget of all levels;

- means of the state companies;

- means of the organizations and other organizations founded by the Government of the Republic of Tajikistan, public authorities;

- means of joint-stock companies and the companies with foreign investments in which the share of the state constitutes more than 50 percent;

- means of the national banks used for internal purchases;

- means of trust state funds;

- the borrowing facilities guaranteed and provided with the state or the state companies grants.

3. The state needs - the needs of the Republic of Tajikistan for goods, works and services for social, economic, cultural, administrative and political spheres satisfied fully or partially at the expense of public funds.

The state needs - are including lists of target programs financing which it is provided at the expense of the government budget in the planned period within the Law of the Republic of Tajikistan "About the government budget".

4. The purchase agreement - the agreement signed as a result of completion of the procedures of public procurements of goods, works and services.

5. The supplier (contractor) - any legal entity or physical person entering the relations with the buying organization as the potential, or specific party in the purchase agreement.

6. The affiliate of the supplier (contractor) - the legal entity capable to exert direct impact on economic activity of the potential supplier (contractor) owing to control of its capitals or membership in its governing bodies.

7. Goods - the activities product (including works, services) intended for exchange and sale in the market.

8. Works - any activities including connected with designing, construction, reconstruction, demolition, repair or updating of buildings, constructions and objects including preparation of the building site, dredging, construction of construction, installation and adjusting, finishing works, and also the accompanying construction services, such as drilling, geodetic works, satellite shooting, seismic researches and other services provided according to the purchase agreement.

9. Services - results of intellectual activities and the works which are not connected with change of properties of material benefits.

10. Consulting services - the services of intellectual nature provided by the individual consultants or the consulting organizations having necessary specialized professional knowledge, special working experience and the corresponding qualification.

11. The tender - the competition held among applicants for implementation of necessary work, rendering certain service, or delivery of certain goods by the most rational and in an efficient manner for the purpose of the choice of one (several) of them and the order to it (it) accomplishment of this work or service.

12. The tender - the offer on delivery of goods, implementation of works and rendering services when tendering.

13. The tender documentation - the document package containing conditions and procedure for carrying out the tender which is submitted the buying organization to the supplier (contractor) for execution of the tender.

14. The minimum threshold amount of purchase - the indicator established for the expenditure item of economic budget qualification for quarter before which achievement the buying organization has the right of implementation of purchase in the simplified procedure.

The minimum threshold amount of purchase for goods equals to dvusta to fifty indicators for calculations, for works and services - to trekhsta to fifty indicators for calculations.

15. Lot - indivisible part of one subject of purchases.

16. The procedure of public procurements - set of the provisions determining procedure for making and registration of public procurements.

17. Authorized state body on purchases - the executive body formed by the Government of the Republic of Tajikistan, providing realization of state policy in the field of purchases of goods, works and services at the expense of public funds.

18. The qualification commission - the body formed by the Government of the Republic of Tajikistan, and giving to the buying organizations the status "the qualified buying organization".

Article 4. Legislation of the Republic of Tajikistan on public procurements of goods, works and services

The legislation of the Republic of Tajikistan on public procurements of goods, works and services is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.

Article 5. Language of the procedure of public procurements

The procedure of public procurements is kept in state language. In case of need the specified procedure can be carried out also in the Russian or English languages.

Article 6. Form of messages

For the purpose of realization of provisions of this Law when implementing procedures of public procurements notifications and (or) notifications which are executed in writing, except as specified, provided by part 1 of article 45 of this Law are recognized valid. Use of facsimile and electronic method is allowed provided that record and fixing of the message is provided. In case of facsimile method the message shall be provided with the confirmation in writing allowing to determine authentically that the document proceeds from the face, made the statement or the notification, and in the terms established in the tender documentation.

Article 7. Principle of confidentiality

1. Participants of procedures of public procurements shall observe the principle of confidentiality of the provided and used information representing the state or trade secret.

2. The buying organization has no right to disclose:

- information if its disclosure does not correspond to state interests, causes damage to commercial interests of participants of the procedure of public procurements, or the principles of fair competition;

- information concerning studying, assessment and comparison of the submitted tenders and their content before completion of the biddings.

3. Persons disclosing information representing the state or trade secret bear responsibility according to the legislation of the Republic of Tajikistan.

Article 8. Conflict of interest

1. To represent to persons, representatives the buying organization, it is forbidden:

- exert any impact on the procedure of public procurements for the benefit of the either party of purchases;

- participate in quality of suppliers (contractors) and (or) act as their legal representative to the purchases regulated by this Law;

- participate in decision making according to procedures of public procurements if they are connected with any of bidders degree of relationship or on work, or are directly or indirectly interested in results of the carried-out purchases.

2. In case of violation by persons, representatives to represent the buying organization, provisions of part of 1 this Article, they are made responsible in the procedure established by the legislation of the Republic of Tajikistan, and the procedure of public procurement stops and stops according to the decision of the buying organization or authorized body.

3. Person cannot represent the buying organization, fulfill other duties connected with procedures of public procurements or to perform functions of the consultant in connection with the procedure of public procurement if it:

- consists in matrimonial or direct family relation, it is connected by the relations of adoption, guardianship or guardianship with the supplier (contractor);

- within two years preceding the procedure of public procurement was employee or the official of the supplier (contractor) participating in the procedure of public procurement.

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