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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of October 14, 2022 No. 393

About approval "Rules of implementation of monitoring of activities of producers and sellers, information on which is placed on the electronic portal "Zakupka Prodovolstvennykh Tovarov Po Gosudarstvennomu Zakazu",

(as amended of the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 13.09.2023 No. 324)

For the purpose of ensuring implementation of subitem 3.1.5 of "Rules of centralized purchase of provisions by the state companies and organizations (departments) at the expense of the means of the government budget" approved by the Presidential decree of the Republic No. 859 of the Azerbaijan Republic of April 11, 2016 the Cabinet of Ministers of the Azerbaijan Republic decides:

"Approve" rules of implementation of monitoring of activities of producers and sellers, information on whom is placed on the electronic portal "Zakupka Prodovolstvennykh Tovarov Po Gosudarstvennomu Zakazu", (are applied).

Prime Minister of the Azerbaijan Republic

Ali Asadov

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 14, 2022 No. 393

Rules of implementation of monitoring of activities of producers and sellers, information on whom is placed on the electronic portal "Zakupka Prodovolstvennykh Tovarov Po Gosudarstvennomu Zakazu",

1. General provision

1.1. This Provision regulates rules of the organization and implementation of monitoring through the information system "Electronic Agricultural Industry" and (or) exit check of participation of producers and sellers in purchase of provisions according to the state order.

2. Basic concepts

2.1. The basic concepts used in these rules, the following:

2.1.1. The electronic portal "Zakupka Prodovolstvennykh Tovarov Po Gosudarstvennomu Zakazu" (further - the electronic portal) - the information system "Electronic Agricultural Industry" in which the buying organizations the requests and offers connected with purchase of provisions at the expense of means of the government budget are placed and transactions of purchase and sale subsystem are organized;

2.1.2. the supplier and the supply agent - the legal entity created by the President of the Azerbaijan Republic who provides carrying out the transactions of purchase and sale connected with the state order of provisions through the electronic portal, and also other measures connected with the organization of activities in this sphere;

2.1.3. the purchasing organization - the state companies and the organizations (department) buying food products at the expense of means of the government budget;

2.1.4. the producer and the seller - the physical person or legal entity intending to sell food products;

2.1.5. terms of the contract - the rights and obligations of the Parties under "The agreement signed between the buying organizations and producers or sellers of provisions", to No. approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 27, 2016 420, and also other obligations defined by the agreement;

2.1.6. purchases - acquisition of provisions by the purchasing organizations at the expense of means of the government budget according to the procedure, determined by the legislation;

2.1.7. purchase conditions - the conditions specified in the Resolution No. 420 of the Cabinet of Ministers of the Azerbaijan Republic of October 27, 2016 about participation of producers and sellers in public procurements of provisions;

2.1.8. transactions of purchase and sale - the transactions connected with acquisition of provisions between the purchasing organizations and producers and sellers;

2.1.9. monitoring - check of correctness of information provided by producers and sellers, authenticity of documents, observance of the agreement and conditions of purchase and requirements by the supplier and the supply agent through the electronic portal and also food, deliverable producers and sellers in the purchasing organization, the related documents and other circumstances connected with transactions of purchase and sale with conducting exit check to the address determined by the purchasing organization;

2.1.10. the next monitoring - the monitoring performed by the supplier and the supply agent annually from September 1 to October 1 only through the electronic portal;

2.1.11. extraordinary monitoring - the monitoring which is carried out by the supplier and the supply agent by means of the electronic portal and also exit check to the address specified by the buying organization in the presence of the bases determined by these rules;

2.1.12. exit check - survey of the foodstuff delivered by the purchasing organization, documents on them and other circumstances connected with purchase and sale transactions to the address specified by the purchasing organization.

3. Rights and obligations of the supplier and supply agent

3.1. Check of reliability of information on participation in purchase, authenticity of documents provided by producers and sellers, and also their compliance to the agreement and conditions and requirements of purchase through the electronic portal, and also consideration by the buying organization of the provisions delivered by the purchasing organization of documents on them and other circumstances connected with purchase and sale transactions, survey on site to the specified address is performed by the deliveries and supply agent.

3.2. The deliveries and supply agent has the following rights when monitoring:

3.2.1. request from producers and sellers the additional information for determination of completeness and reliability of the data entered on the electronic portal;

3.2.2. use the public information containing in the electronic information resources which are under authority of state bodies and other organizations;

3.2.3. send request in relevant organs.

3.3. The deliveries and supply agent has the following obligations when monitoring:

3.3.1. perform monitoring without prejudice, fully, comprehensively, objectively and timely;

3.3.2. not disclose the state, professional, protected by the legislation trade secrets revealed during monitoring, take measures for their protection;

3.3.3. placement of results of monitoring on the electronic portal;

3.3.4. make the decision by results of monitoring based on information and documents found during monitoring;

3.3.5. inform relevant organs on agreements and conditions of purchases violated by producers and sellers;

3.3.6. check reliability of data and authenticity of the documents provided by producers and sellers;

3.3.7. control transactions of purchase and sale through the electronic portal;

3.3.8. carry out exit inspection;

3.3.9. restriction of placement of proposals of producers and sellers on the electronic portal.

4. Procedure for carrying out monitoring

4.1. The next and extraordinary monitoring is performed by the deliveries and supply agent.

4.2. The next monitoring is carried out annually from September 1 to October 1 through the electronic portal.

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