of June 24, 2025 No. 362
About Rules of procedure of public procurements
According to article 6 of the Law of the Republic of Tajikistan "About public procurements" the Government of the Republic of Tajikistan decides:
1. Approve Rules of procedure of public procurements (are applied).
2. Under the Government of the Republic of Tajikistan and to the buying organizations to provide to agency on public procurements of goods, works and services execution of this resolution.
Prime Minister of the Republic of Tajikistan
Emomalii Rahmon
Approved by the Order of the Government of the Republic of Tajikistan of June 24, 2025 No. 362
1. Rules of procedures of public procurements (further - these rules) are developed for the purpose of establishment of detailed procedures of public procurements for use by participants of public procurements.
2. These rules are based on the Law of the Republic of Tajikistan "About public procurements" (further – the Law) and other regulatory legal acts of the Republic of Tajikistan.
3. In Rules the following determinations are used:
- the state authorized body on public procurements (further – the state authorized body) – the central executive body of the government performing state policy on public procurements;
- the single portal of the public electronic procurement (further – the Single portal) – information system for implementation of public procurements in electronic format;
- the contest committee – the commission appointed for opening and assessment of competitive offers and requests of participants of tender, developments of recommendations about determination of the winner of tender and procedure for the conclusion of the agreement of purchase or other decisions following the results of the procedure of purchases.
4. Depending on organizational structure of the buying organization, the following tasks are assigned to the relevant structural division or the official having the certificate of the procurement expert or division on purchases:
- procurement planning, including preparation, coordination, approval and change of the annual plan of purchases;
- preparation, the publication and distribution of invitations for participation in tender, invitations for application for prequalification, notifications with request to express interest in inclusion in the short list;
- preparation and distribution of the tender documentation, documentation on prequalification and other documents connected with attraction of offers and requests;
- obtaining and ensuring safety of competitive offers and requests;
- provision of secretarial services to the contest committees;
- creation of the short list and participant list of tender, passed prequalification;
- preparation of the list of structure of the contest committee for approval by the head of the buying organization;
- preparation and the publication of notifications on intention to award the agreement of purchase;
- preparation of the purchase agreement;
- administration of the agreement in that measure in what it was not entrusted to other division of the buying organization;
- maintaining documentation on purchases;
- preparation and submission of reports;
- provision of information which request is provided in connection with consideration of the claim of the participant of tender, the statement for discharge from participation in public procurements or other requirement according to the Law, Rules or other regulatory legal acts;
- other tasks which can be assigned to division on purchases according to the legislation of the Republic of Tajikistan.
5. The corresponding tasks, stipulated in Item 4 Rules, can be performed on the Single portal in the automatic mode.
6. In case of determination of number and structure of division on purchases, such factors as amount, complexity and type of purchases of the buying organization can be considered.
7. In case of creation of division on purchases, its structure shall include at least one official of the buying organization, having the certificate of the procurement expert. The certificate of the procurement expert is issued by the state authorized body according to the Procedure for issue of the certificate of the procurement expert established according to appendix 1 to Rules.
8. If the buying organization does not involve the official having the certificate of the procurement expert or does not create division on purchases, tasks, stipulated in Item 4 Rules, are carried out by the relevant structural divisions of the buying organization for the order of her head.
9. The head of the buying organization for submission of the report of the relevant structural division or the official having the certificate of the procurement expert or division on purchases creates the contest committee for each purchase. The head of the buying organization has no right to be part of the contest committee.
10. The structure of the contest committee is whenever possible created of qualified specialists in the area connected with purchase subject and shall consist of the odd number of members, but at least 3 (three) people.
11. The structure of the contest committee can include officials of other state bodies, organizations and organizations who are officially invited by the buying organization.
12. The procedure for activities of the contest committee is established by Regulations on the contest committee according to appendix 2 to Rules.
13. The state authorized body develops and submits for approval to the Government of the Republic of Tajikistan these rules, standard competitive documents, standard agreements of purchase, management on purchases, guidelines manuals and other regulatory legal acts for the purpose of assistance to application of the Law.
14. The state authorized body for the purpose of assistance to application of the Law develops and approves in accordance with the established procedure regulatory legal acts, instructions and circular letters.
15. The state authorized body can develop and submit for approval to the Government of the Republic of Tajikistan regulatory legal acts for the purpose of the sustainable and social development provided by the Law. Provisions of these regulatory legal acts can be applied at various stages of process of purchases, including the following:
- prequalification or creation of the short list;
- development of technical specifications;
- determination of criteria for evaluation of competitive offers and requests;
- determination of conditions and provisions of the purchase agreement;
- tracking of agreement performance about purchases.
16. The buying organizations getting advice and explanations from the state authorized body and/or its structural divisions remain responsible for holding procedures of purchases and the decisions made by them.
17. The state authorized body performs distribution of information on system of public procurements and procedures of purchases, including the Law and regulatory legal acts.
18. Distribution of information can be performed by the following methods:
- the publication of information on the single portal;
- the publication of the bulletin containing Articles and materials about the theory and practice of purchases;
- implementation of the warning system about tenders or other information by means of the mobile phone (the SMS message, service which can be adjusted under specific interests of receivers by means of keywords);
- the organization forum online for exchange of information and experience, and also for questions on various aspects in the field of purchases;
- holding campaign for increase in awareness of participants of public procurements for the purpose of assistance not only to observance of rules and procedures, but also use of various tools developed and provided by the state authorized body in their order;
- holding the information and educational campaigns oriented to private sector and civil society.
19. The state authorized body promotes capacity-building of participants of public procurements and advanced training of persons occupied in the sphere of purchases. The tasks connected with capacity-building and advanced training can include the following:
- development and carrying out training courses and programs;
- development and distribution of training and methodical materials;
- organization and carrying out, including exit and thematic, seminars;
- assistance in participation of the procurement experts and persons occupied in the sphere of purchases, in conferences, forums and seminars abroad.
20. Capacity-building and advanced training can be performed by means of the organization and carrying out training courses in electronic system of the distance training developed by the state authorized body. The state authorized body, depending on opportunities, can create library on purchases or other resource center for provision of training materials online or in printing as the instrument of capacity-building.
21. For the purpose of institutionalization of the training programs directed to promotion of professional skills and standards in the sphere of purchases, the state authorized body can will address to the Government of the Republic of Tajikistan for appointment of one or several organizations responsible for carrying out training in the sphere of purchases, and also with the recommendation of implementation of training programs about public procurements in educational institutions with the subsequent receipt of the corresponding extent of education.
22. The state authorized body for the purpose of control and monitoring of compliance with law of the Republic of Tajikistan about public procurements can request information and documents for these purposes from the buying organizations, the relevant state authorized bodies and the financial organizations. Information request and documents can include, but not limited to, the following:
- the approved annual expense budget (budget) of the buying organization with all changes and amendments;
- information and the relevant documents on financial transactions of the buying organization;
- the list of purchase agreements of the buying organization with application of copies of agreements and supplementary agreements to them;
- information and relevant documents on agreement performance on purchases;
- information and/or documents on accomplishment of the tax liabilities by the participant of tender and/or supplier (contractor);
- information on the documents confirming their competence and qualification for participation in procedures of purchases and agreement performance about purchases issued to the participant of tender or the supplier (contractor) and their representatives and the hired workers (specialists) including licenses, certificates and certificates.
23. Information and documents provided in Item 22 of these rules are represented to the state authorized body if only they are not available on the single portal. Regardless of it, the state authorized body has the right to request if necessary provision of originals of the documents provided in Item 22 of these rules.
24. The state authorized body informs the buying organizations, in necessary cases and end users of purchases on types and frequency of reports which shall be provided.
25. The state authorized body can periodically hold events for determination of observance of the established requirements and efficiency. Assessment of observance of the established requirements and efficiency can is carried out concerning purchasing system in general or the separate indicators and agreements separate of the buying organizations and/or end users of purchases.
26. For the purpose of evaluating observance of the established requirements and efficiency the state authorized body can develop and apply the indicators and subindicators measuring key stages and aspects of process of purchases including:
- procurement planning and purchasing management;
- use of methods and procedures of purchases;
- the reached economy of means when implementing purchases;
- share of participation of suppliers (contractors), including small and medium business;
- level of success of procedures of purchases;
- satisfaction of the buying organizations and end users of purchases;
- satisfaction of suppliers (contractors);
- satisfaction of civil society;
- use of procedures of consideration of claims.
27. Before evaluating observance of the established requirements and efficiency, the state authorized body notifies the buying organization and/or the end user on the purpose and the used criteria for evaluation of observance of the established requirements and efficiency.
28. The buying organizations and/or end users of purchases shall cooperate with the state authorized body in evaluating in an effective and timely way, including by provision of information and documentation requested by the state authorized body.
29. The state authorized body represents to the buying organization and/or the end user of purchases conclusions of provisional estimate. The buying organization and/or the end user of purchases in case of need in detail answers these conclusions within 10 (ten) working days after their obtaining.
30. The state authorized body submits the valuation report with recommendations of the buying organization and/or to the end user of purchases. These recommendations can include the following:
- disciplinary actions concerning the officials who made official offenses;
- elimination of discrepancies and problems with execution;
- termination of the procedure of purchases;
- discharge of the corresponding officials from participation in accomplishment of the functions connected with purchases.
31. The buying organization and/or the end user of purchases represents the written answer to recommendations of the state authorized body within 15 (fifteen) working days from the date of receipt of the valuation report. In the answer measures which will be taken by the buying organization and/or the end user are specified. The buying organization and/or the end user of purchases during the term specified in the valuation report reports to the state authorized body on accomplishment of remedial measures.
32. The state authorized body analyzes information collected about purchasing activity within the action for determination of observance of the established requirements and efficiency evaluation and, in case of need, undertakes adequate measures on improvement of activities when implementing public procurements.
33. The state authorized body develops and realizes the measures directed to assistance to the buying organizations, and also participants of tenders in carrying out and participation in procedures of public procurements.
34. The measures directed to assistance can include the following:
- assistance in distribution of information among participants of tenders on the rules and procedures regulating public procurements, and also issue of the conclusions and offers for the buying organizations for the purpose of goal achievement of the Law;
- creation of the centralized database for the purpose of accounting of results of activities of suppliers (contractors) in case of execution of purchase agreements for efficiency evaluation of their activities;
- development of offers on methods of distribution of information connected with purchases including through social networks;
- studying of experience and practice of other countries for the purpose of implementation of innovations in system of public procurements of the Republic of Tajikistan.
35. The buying organizations plan purchases so that they were performed within available financial resources and other set restrictions.
36. In case of time estimate, necessary for completion of the procedure of purchase and the conclusion of the agreement of purchase, the terms established by paragraph 2 of Chapter 7 of these rules and presumable terms of carrying out various stages of procurement process are considered.
37. In case of establishment of term of a contract about purchases the buying organization determines time necessary for the supplier (contractor) for agreement performance about purchases, considering at the same time requirements of the buying organization and the developed conditions in the place of agreement performance, including weather conditions. Planning of terms of purchases shall be based on the forecast of optimum terms of a contract about purchases by specific quarters or months of year.
38. In case of procurement planning the buying organizations consider the possibilities of grouping and/or separation of Items of procurement plan respectively in the integrated and/or separate lot / lots.
39. Purchase of the goods, works and services which are not provided in the annual plan of purchases can be performed in case of direct procurements on the bases, the provided Items 3) and 4) of article 52 of the Law, with condition of the subsequent entering of data on purchase into the single portal or submissions of the report on purchases.
40. The buying organization after approval of annual expense budget according to budget or other process constitutes and approves the annual plan of purchases which is published on the single portal in coordination with the state authorized body. The state companies, joint-stock companies and other business entities in whom more than 50 percent of shares or shares belong to the state shall plan and conduct procurement on the single portal if other is not provided by these rules.
41. The published annual plan of purchases includes the following information:
- the name of the buying organization;
- name and characteristics of objects of purchase;
- quantity of objects of purchase;
- the planned purchase term;
- the planned purchase method;
- other information which can be required according to the instructions and standard formats approved by the state authorized body.
42. The state authorized body signs the framework agreements for compulsory use by the buying organizations according to the list of goods and services approved by the Government of the Republic of Tajikistan.
43. The buying organization in time, specified by the state authorized body, represents to the state authorized body the provisional estimates of purchases according to the framework agreement for the current and/or next year. The buying organization represents to the state authorized body data on the requirements (quantity of objects of purchases), their technical specifications and expected terms and delivery conditions.
44. For the purpose of ensuring the maximum participation and the competition when it is possible also according to the principles of economy and efficiency of purchases, preference is given to the conclusion of open framework agreements, taking into account Item 65 of these rules.
45. The buying organizations sign purchase agreements on the basis of the framework agreements according to instructions of the state authorized body.
46. If goods and services which shall be bought by the buying organization according to the framework agreement no, the state authorized body no later than 3 (three) working days after receipt of request from the buying organization issues permission to refusal of use of the framework agreement. The refusal grants the buying organization the right to apply the corresponding method of purchase according to the Law.
47. Two or more buying organizations can sign agreements on joint purchases, including the joint purchases providing consolidation of their purchasing actions.
48. The possible purposes of participation in joint purchases include receipt of lower prices, achievement of efficiency, decrease in administrative expenses, access to more wide range of skills and experience, the conclusion of common servicing agreements or about assistance of innovations.
49. Joint purchasing activity shall be drawn up by the partnership agreement. The partnership agreement shall provide the following aspects:
- purposes and tasks of joint purchasing activity;
- names of the participating buying organizations and appointment of the leader of the party for holding procedures of purchases;
- types and if it is possible, goods quantity, amount of works or the services which are subject to joint purchase;
- procedures which will be applied;
- appointment of officials, representatives to act on behalf of the parties.
50. The buying organization shall calculate the estimated cost of purchase in case of procurement planning and, if necessary, just before the beginning of the procedure of particular procurement.
51. When calculating estimated cost of purchase of goods the following factors and expenses, depending on nature of goods and conditions of their delivery shall be taken into account:
- the prices published in information sources;
- the prices in the markets and other points of trade;
- the prices according to the similar transactions made by the buying organization or any other organization;
- in appropriate cases different ways of calculation of cost, including based on preliminary consultations with the market as it is specified in the Law, the commercial offer of the supplier;
- transportation and other expenses to terminal point of delivery;
- the cost of the accompanying services by delivery of goods (installation, commissioning, training, after-sale service, warranty obligations, licenses, etc.);
- the taxes, customs payments and charges, other charges levied by delivery;
- reasonable profit margin of the supplier;
- any other expenses which are connected with purchase and can be proved.
52. When calculating estimated cost of purchase of works the following factors and expenses, depending on nature of works and conditions of their accomplishment shall be taken into account:
- the cost of all cost elements, such as raw materials and materials, the electric power and other types of energy, the equipment, transport, machines, mechanisms, compensation, the delivered goods as a part of works, overheads, contingencies, etc.);
- the cost of the accompanying services, such as drilling, geodetic works, satellite shooting, seismic researches and other services provided according to the agreement of purchase;
- in appropriate cases different ways of calculation of cost, including based on preliminary consultations with the market as it is specified in the Law, the commercial offer of the contractor (supplier);
- transportation and other expenses on delivery of raw materials, materials and goods delivered as a part of works to terminal point of delivery;
- the taxes, customs payments and charges, other charges levied in connection with agreement performance;
- estimate profit of the contractor;
- any other expenses which are connected with purchase and can be proved.
53. The buying organization when calculating estimated cost of purchase of works can use the relevant industry standards and parameters. If the cost of works on the actual prices in the markets exceeds the cost of works, the approved design estimates, the buying organization can take measures which are available to it and do not contradict regulatory legal acts.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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