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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of September 27, 2018 No. PP-3953

About measures for implementation of the Law of the Republic of Uzbekistan "About public procurements"

(as amended on 21-08-2021)

For the purpose of ensuring effective fulfillment of the Law of the Republic of Uzbekistan "About public procurements", uninterrupted activities of the state customers, and also enhancement of regulation of procedure of public procurements:

1. Take into consideration that operation of the Law of the Republic of Uzbekistan "About public procurements" 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.

2. Determine that public procurements of goods (works, services) are performed:

a) by selection of the best offers estimated by procurement commissions:

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 in the cases connected with the state secrets;

for preparation and elections of the President of the Republic of Uzbekistan, in Oliy Majlis of the Republic of Uzbekistan, regional, district and city kengash of People's Deputies, and also referenda of the Republic of Uzbekistan on the lists approved by Central Election Commission of the Republic of Uzbekistan in coordination with authorized body in the field of public procurements;

the public procurements conducted by diplomatic representations of the Republic of Uzbekistan abroad;

b) under direct agreements:

for ensuring needs of the Republic of Uzbekistan for the purpose of liquidation of emergency situations according to the lists approved by the Ministry of Emergency Situations of the Republic of Uzbekistan in coordination with authorized body in the field of public procurements;

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

on which fixed prices according to the legislation are established.

3. Agree with offers of the National agency of project management in case of the President of the Republic of Uzbekistan, Audit Chamber and Ministry of Finance of the Republic of Uzbekistan about establishment of procedure by the state customers of purchases of goods (works, services) in the list according to appendix under direct contracts with the subsequent placement of information on them on special information portal of public procurements no later than three days from the date of the conclusion.

4. Determine that the state customers on special information portal of public procurements take place:

the announcement of holding the auction on lowering of the starting price - at least in five days prior to its carrying out;

the announcement of carrying out tender - at least in ten days prior to end date of term of acceptance of offers from participants of tender.

5. To the Ministry of Justice and the Ministry of Finance of the Republic of Uzbekistan together with the National agency of project management in case of the President of the Republic of Uzbekistan and other interested departments on regular basis to carry out the analysis of law-enforcement practice in the sphere of public procurements with identification of the problems interfering high-quality and continuous carrying out public procurements and taking measures to their elimination.

6. To the national agency of project management in case of the President of the Republic of Uzbekistan:

together with the Ministry of development of information technologies and communications of the Republic of Uzbekistan in week time to take measures for enhancement of functionality of special information portal of public procurements for the purpose of ensuring high-quality and continuous carrying out public procurements, creation of conveniences to the state customers, and also taking into account remedial action in law-enforcement practice, including on places;

hold with participation of workers of the state customers seminar trainings, master classes and other training actions in the sphere of public procurements;

in two-month time together with the office of the Security Council in case of the President of the Republic of Uzbekistan, Service of state security, other interested ministries and departments to provide introduction of the draft of the regulatory legal act about approval of inventories (works, services), the faces, necessary for safety, which are subject to the state protection, defense capability, safety and maintenance of internal procedure in the Republic of Uzbekistan, and also tied with the state secrets;

in two-month time to prepare and introduce in accordance with the established procedure the bill of the Republic of Uzbekistan "About modification and amendments to the Law of the Republic of Uzbekistan "About public procurements" taking into account requirements of this resolution, and also problems arising in law-enforcement practice;

in a month to develop and approve in accordance with the established procedure regulations on the organization of activities of procurement commissions and procedure for selection of the best offers.

7. To provide to Audit Chamber of the Republic of Uzbekistan together with the National agency of project management in case of the President of the Republic of Uzbekistan control of pricing of goods (works, services) acquired according to Items 2 and 3 of this resolution.

8. To the ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

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