Unofficial translation (c) Soyuzpravoinform LLC
of April 2, 2021 No. 442
About establishment of conditions of use of the intermediate anti-recessionary mechanism in procedures of public procurements
Accepted the Government of the Republic of Armenia on April 01, 2021
Based on Items 4, 6 and 8 parts 1 of article 5 of the Law "About Purchases" and for the purpose of providing action, the stipulated in Item 13th software package and instruments of assistance within the program of economic reaction approved by Appendix No. 3 to the Order of the Government of the Republic of Armenia of February 4, 2021 No. 142-L, the Government of the Republic of Armenia decides:
1. Determine that:
1) requirements of this Resolution extend to such procedures organized at the expense of means of the government budget in the form of the tender provided by the Law "About Purchases", request for quotation and electronic auction, the agreement price within which according to dividends is at least basic purchase unit, and this agreement shall be financed during 2021;
2) the procurement procedure invitation (draft agreement) also provides that:
and. if the participant the agreement signed within this procedure to direct during agreement performance more than 50 percent of the cost (in total amount) represented by the price offer to agreement performance by use of labor and (or) production resources of the Armenian origin, then the conditions established by the signed agreement to the last compensate 1 percent of the price of the agreement. At the same time in case of acceptance of the condition provided by this paragraph, the participant represents the request the announcement of acceptance approved by it on himself obligations:
- upon purchase of works and services having attached also the list of the materials provided for use with indication of names, the amounts and quantities,
- having specified also the number of workers by means of whom agreement performance shall be provided. If by results of assessment of the announcement provided by the request discrepancies with requirements of this subitem are registered, and the participant does not correct them in time, established by the legislation of the Republic of Armenia on purchases, then the request of the participant is not rejected, and in case of recognition by his chosen participant, conditions of possibility of compensation of the amount are not provided by the signed agreement,
. within agreement performance together with the protocol of each stage of acceptance the participant represents to the customer of the copy of certificates of country of source of the production resources of the Armenian origin used for ensuring accomplishment of this stage, and invoices of acquisition of resources, and also the certificate of the amounts paid to the corresponding number of persons employed approved by it, having specified the sizes of the amounts paid to each worker and their registration plates of public services,
century compensation is performed if the provided information is estimated as conforming to the established requirements;
3) compensation is performed from reserve fund of the Government of the Republic of Armenia for 2021 in the government budget of the Republic of Armenia for 2021, based on the letter of the Ministry of Economics of the Republic of Armenia directed to the Ministry of Finance of the Republic of Armenia according to information, the stipulated in Item 3 presents of the Resolution. Committed transactions are considered by action 12010. "Assistance to consumption of labor and (or) production resources of the Armenian origin" of the program 1224. "Counteractions to crises and decrease and elimination of consequences of emergency situations" program classification of budgeted expenses of the government budget of the Republic of Armenia for 2021 and in accordance with the established procedure are reflected in reports on accomplishment of the government budget of the Republic of Armenia for 2021. If in connection with the termination of fiscal year compensation cannot be performed during 2021, it is performed during 2022, within 30 working days from the date of entry into force of the order of the Government of the Republic of Armenia about prediscretion for this purpose of the appropriate financial resources.
2. Within two working days after complete acceptance of results of accomplishment of the signed agreement if the size of the amounts specified in information provided in the submitted documents, at least 50 percent of the cost provided by the paragraph "and" the subitem 2 of Item 1 of this Resolution the customer's head in writing represents to the Ministry of Economics of the Republic of Armenia confirmation of implementation of the agreement by means of labor and (or) production resources of the Armenian origin, having attached the copy of the reference (references) provided by the paragraph of the subitem 2 of Item 1 of this Resolution. At the same time the fact of accomplishment of obligations as regards the income controlled by tax authority as regards the amounts paid to the workers specified in the reference, checks the Ministry of Economics of the Republic of Armenia by means of Committee of state revenues of the Republic of Armenia.
3. Studying of documents, the stipulated in Item 2 presents of the Resolution, is performed within twenty working days after their obtaining. Based on the provided information:
1) within three working days after confirmation of the fact Ministry of Economics of the Republic of Armenia is represented to the Ministry of Finance of the Republic of Armenia by the letter on implementation of compensation of the amount, having specified the amount size, the name, UNN of the receiving person, date and code of the agreement within which compensation is performed. The Ministry of Finance of the Republic of Armenia performs compensation of the amount within three working days after receipt of the letter provided by this subitem. At the same time at the same time also provides the copy of the letter provided by this subitem, the Ministry of Finance of the Republic of Armenia to person which signed the agreement and the customer;
2) during three the worker of days after non-confirmation of the fact Ministry of Economics of the Republic of Armenia informs on it person which signed the agreement and the customer, having specified the bases for refusal.
4. This Resolution becomes effective for the tenth day after its official publication and extends on:
1) the procurement processes begun and not finished before entry into force of this Resolution;
2) the contracts signed before entry into force of this Law under which delivery of goods, performance of works or rendering services were not complete on the date of entry into force of this Resolution provided that the participant submits to the customer documents with the protocol of acceptance.
Prime Minister of the Republic of Armenia
N. Pashinyan
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