ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 7, 2025 No. 392

About the Interdepartmental commission on consideration of claims

According to article 61 of the Law of the Republic of Tajikistan "About public procurements" the Government of the Republic of Tajikistan decides:

1. Create the Interdepartmental commission on consideration of claims.

2. Approve the Provision and structure of the Interdepartmental commission on consideration of claims (appendices 1 and 2).

Appendix

to the Order of the Government of the Republic of Tajikistan of July 7, 2025 No. 392

Regulations on the Interdepartmental commission on consideration of claims

1. General provisions

1. The regulations on the Interdepartmental commission on consideration of claims (further - the Provision) are developed for the purpose of consideration of the complaints made by participants of tender of public procurements and determine the organization of activities, task, power and obligation of the Interdepartmental commission on consideration of claims (further - the Interdepartmental commission).

2. The interdepartmental commission is created by the Government of the Republic of Tajikistan for the purpose of protection of the rights and legitimate interests of participants of tender.

3. The interdepartmental commission considers claims only if the participant of tender on the challenged question already made the complaint in the buying organization which was rejected or the decision according to which it was not made by the buying organization or the made decision did not satisfy the participant of tender. Provisions of this provision cannot limit the rights of the participant of tender to appeal to the court without preliminary permission of disagreements according to this Provision.

4. The interdepartmental commission in the activities is guided by the Constitution of the Republic of Tajikistan, the Law of the Republic of Tajikistan "About public procurements", this Provision and other regulatory legal acts of the Republic of Tajikistan.

2. Organization of activities of the Interdepartmental commission

5. The annual order of the Agency on public procurements of goods, works and services under the Government of the Republic of Tajikistan of the Interdepartmental commission officials of the ministries which are part of the Interdepartmental commission are included. In case of need, the member of the Interdepartmental commission can be replaced with other this Provision meeting the requirements person, based on nomination in Agency on public procurements of goods, works and services under the Government of the Republic of Tajikistan.

6. The chairman, members and the secretary of the Interdepartmental commission perform the activities on a grant basis. The material logistics connected with holding meetings of the interdepartmental commission is assigned to the state authorized body on public procurements.

7. If purchases are carried out on the single portal of the public electronic procurement (further – the single portal), the relevant made decisions according to claims are placed on the single portal.

8. The secretary of the interdepartmental commission no later than one working day informs the interdepartmental commission on the submitted claim in that format and content in which it was given on the single portal and provides documentation enclosed by the participant of tender.

9. The secretary of the interdepartmental commission in case of submission of the claim of the participant of tender provides the interdepartmental commission on its request with the additional documentation connected with the claim which is not attached by the participant of tender to the claim and being available on the single portal.

10. The interdepartmental commission acts according to the decision of the chairman on the basis of convocation and holding meeting which can is carried out also in the virtual mode. At meetings of the Interdepartmental commission have the right to participate the participant of tender who made the complaint and also other participants of tender, the organizer of tender, the buying organization, the state authorized body for public procurements, other state body or the organization whose interests are infringed by the claim.

11. The decision of the Interdepartmental commission is competent if in case of decision making at least three members of the Interdepartmental commission, including the chairman or in its absence of the vice-chairman participated.

12. The decision of the Interdepartmental commission is made by a majority vote and affirms the protocol according to appendix 1 to this Provision no later than three working days. In case of equality of votes, the voice of the chairman or in its absence the vice-chairman's voice is decisive.

13. The protocol is drawn up by the signature of the chairman and members of the Interdepartmental commission, loaded on the single portal by the secretary of the Interdepartmental commission and no later than 1 working day is brought by means of the notification to the attention of the participant of the tender which made the complaint, other participants of tender, the organizer of tender buying the organizations, the state authorized body on public procurements, other state body or the organization whose interests are infringed by the claim.

14. In case of submission of the claim concerning the procedure of public procurement which according to regulatory legal act is carried out out of the single portal the actions of Items 7, 8, the 9 and 13 this provision connected with the single portal are performed in a way corresponding for specific action.

3. Tasks of the Interdepartmental commission and obligation of its chairman and secretary

15. The main objective of the Interdepartmental commission is timely and impartial consideration of claims of participants of tender and adoption of the objective decision on them.

16. The chairman and members of the Interdepartmental commission in the activities shall be guided by the principles of conscientiousness, objectivity and the equal relation to all parties whose interests are infringed by the claim.

17. Before consideration of the claim the chairman and members of the Interdepartmental commission shall fill and sign the declaration on no conflict of interest according to appendix 2 to this Provision. In the presence of conflict of interest at them, they are replaced by other officials from the relevant state body.

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