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LAW OF THE REPUBLIC OF UZBEKISTAN

of April 22, 2021 No. ZRU-684

About public procurements

Accepted by Legislative house on December 1, 2020

Approved by the Senate on March 12, 2021

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of public procurements.

Article 2. Coverage of this Law

Operation of this Law extends to public procurements:

performed in case of projects implementation, the provided Investing program of the Republic of Uzbekistan and other state programs, decisions of the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan;

performed when conducting economic activity of the state customers;

financed by means of budgets of the budget system of the Republic of Uzbekistan, and also other funds organized in state-financed organizations;

financed by means of the foreign grants, technical and other external non-paid assistance provided within prisoners by the President of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan of contracts with the donor countries, the international organizations, foreign government and non-governmental organizations and the foreign loans granted to the Republic of Uzbekistan if procedures of the donor countries, the international organizations, foreign government and non-governmental organizations or conditions of provision of the foreign credits and foreign grants, technical and other external non-paid assistance provided to the Republic of Uzbekistan do not determine other procedure for purchase of goods (works, services). At the same time irrespective of the procedures established by the donor countries, the international, foreign government and non-governmental organizations or conditions of provision of the foreign credits and foreign grants, technical and other external non-paid assistance, provided to the Republic of Uzbekistan, information on results of public procurements appears on special information portal;

financed by the financial, humanitarian or charitable aid and other non-paid irretrievable financing if conditions of provision of the financial, humanitarian or charitable aid and other non-paid irretrievable financing do not determine other procedure for purchase of goods (works, services). At the same time irrespective of the procedures established by conditions of provision of the financial, humanitarian or charitable aid and other non-paid irretrievable financing, information on results of public procurements appears on special information portal.

The procedure of public procurements for safety of persons which are subject to the state protection, defense capability, safety and maintenance of internal procedure in the Republic of Uzbekistan, the public procurements connected with the state secrets and also public procurements 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 is established according to the legislation.

Article 3. Legislation on public procurements

The legislation on public procurements consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about public procurements then are applied rules of the international treaty.

Article 4. Basic concepts

In this Law the following basic concepts are applied:

the beneficial owner - physical person which finally owns the property rights or actually controls the supplier of goods (works, services);

auction on lowering of the starting price - competitive method of implementation of public procurements on special platform of electronic system of public procurements under which organization the single criterion of determination of the winner is the price;

the state customer - the legal entity conducting public procurements;

public procurements - process of ensuring needs of the state customers for goods (works, services) on paid basis;

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;

subjects of public procurements - the state customer, the participant of procurement procedures, the contractor of public procurements, procurement commission, the operator of electronic system of public procurements, the specialized organization and the expert, the expert organization;

prequalification - the procedure of selection of skilled participants of the procurement procedures allowed to holding the procurement procedures corresponding to the technical, economic, organizational and other features established in procurement documentation which is carried out by procurement commission;

the reserve winner - the participant of procurement procedures, whose proposal following the results of procurement procedures according to the decision of procurement commission acknowledged the most optimum following the proposal of the winner;

the tender - the tender providing the procedure of determination of the contractor of public procurements by means of the competitive procedure of implementation of public procurement by results of which the winner the participant of procurement procedures who offered the best terms of agreement performance about public procurements is recognized;

procurement procedure - set of the actions connected with implementation of public procurements;

the affiliate of the participant of procurement procedures - the physical person or legal entity having power of decision and (or) exerting impact including based on the written agreement, on decision making of this participant of procurement procedures, and also the physical person or legal entity having it the right in relation to this participant of procurement procedures;

The unified register of agreements - the register of the agreements on public procurements signed by the state customers which is kept by authorized body in the field of public procurements on special information portal;

electronic public procurements - form of implementation of public procurements by means of use of information and communication technologies;

electronic shop - competitive method of implementation of public procurements of goods (works, services) to which specific requirements are not imposed, providing carrying out the bidding electronically on the special platform in electronic system of public procurements;

selection of the best offers - competitive method of implementation of public procurements on the basis of comparison of the offers received from several participants of procurement procedures;

the announcement - the information message about the forthcoming public procurements with indication of method of implementation, requirements and conditions of public procurements, terms and procedure for submission of offers placed by the state customer in electronic system of public procurements through special information portal;

the winner - the participant of procurement procedures whose proposal is recognized as the most optimum following the results of procurement procedures.

Article 5. Basic principles of public procurements

The basic principles of public procurements are:

professionalism and responsibility;

justification;

rationality, profitability and efficiency of use of financial resources;

openness and transparency;

competition and objectivity;

harmony;

unity and integrity of system of public procurements;

inadmissibility of corruption.

The basic principles of public procurements shall be applied at all stages of process of public procurements.

Article 6. Principle of professionalism and responsibility

Professionalism of responsible persons of the state customer, operator of electronic system of public procurements, is provided to the specialized organization by establishment to employees of the relevant divisions of requirements about availability of profile education, regular advanced training, step-by-step operating time of practical experience and professional activity.

The state customer shall determine person responsible for the organization and holding procurement procedures.

Regular advanced training of the responsible person for the organization and holding procurement procedure of the state customer for the purpose of finding of professionalism is provided by means of the organization by authorized body in the field of public procurements of training.

In the presence of conflict of interest person responsible for the organization and holding procurement procedure is subject to discharge from the carried-out functions.

Article 7. Principle of justification

Public procurements shall be conducted taking into account feasibility and need of their carrying out, justification of the choice of goods (work, service), its consumer properties (description), high-quality parameters and cost for effective satisfaction of the real needs and needs of the state customer providing the solution of the tasks facing it.

Article 8. Principle of rationality, profitability and efficiency of use of financial resources

Public procurements shall be conducted by the rational and economic method allowing:

consider costs of the state customer for carrying out public procurements and the cost of goods (works, services);

it is effective to use the funds allocated for public procurements including to provide optimum ratio between benefit from purchase of goods (works, services), their quality and cost (taking into account costs of operational cycle);

carry out public procurements to optimum terms.

Article 9. Principle of openness and transparency

The openness and transparency of public procurements are performed in the way:

placements of information on public procurements on special information portal with providing in the procedure for full, timely, open and free access of the relevant state bodies, subjects of public procurements established by the legislation and the public;

creation and ensuring safety of documents and reports on procurement procedures.

Article 10. Principle of the competition and objectivity

The competition in public procurements is supported due to use of mechanisms of competitiveness between participants of procurement procedures, between operators of electronic systems of public procurements and between the specialized organizations, impartiality and transparency by consideration of proposals of participants of procurement procedures and adoption of the final decision for benefit of the optimum offer based on objective and reasonable criteria.

Objectivity of public procurements provides impartiality by consideration of proposals of participants of procurement procedures, and also adoption of the final decision for benefit of optimal variant.

Objectivity of public procurements is based on:

providing equal opportunities to participants of procurement procedures;

creation of the conditions providing the competition and impartiality concerning subjects of public procurements;

open, public and competitive mechanisms of consideration of claims, disputes and disagreements in the course of public procurements and acceptance of adequate measures.

Article 11. Principle of harmony

Harmony in public procurements is provided with compliance:

method of implementation of public procurements to risk, cost, nature and complexity of goods (works, services);

requirements to qualification data of participants of procurement procedures, criteria and evaluation methods of offers to goods (works, services);

rights, obligations and responsibility of subjects of public procurements to their functions.

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