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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of March 5, 2002 No. 5551

About procedure for tendering process at the choice of suppliers and contractors

For the purpose of ensuring protection of the budget consumers in case of the conclusion of agreements, contracts and other obligations with the companies and the organizations of non-state pattern of ownership for deliveries of products, performance of works, rendering services I decide:

1. Determine that the conclusion of agreements, contracts and other obligations on the amount over 30 million manats shall be made by the budget consumers with the companies and the organizations of non-state pattern of ownership for deliveries of products, performance of works, rendering services (in the absence of these types of activity in public sector of economy) only on tender basis.

2. Approve the enclosed Regulations on procedure for tendering process at the choice of suppliers and contractors.

3. To the Ministry of Economics and finance of Turkmenistan in week time to create the interdepartmental tender commission.

4. To impose control over the implementation of this resolution on the Vice-chairman of the Cabinet of Ministers of Turkmenistan Kandymov S.

 

President of Turkmenistan Saparmurat Turkmenbashi

Approved by the resolution of the President of Turkmenistan of March 5, 2002 No. 5551

Regulations on procedure for tendering process at the choice of suppliers and contractors

I. General provisions

1. This Provision is developed for the purpose of protection of the budget consumers in case of the conclusion of agreements, contracts and other obligations with the companies and the organizations of non-state pattern of ownership, including with entrepreneurs without formation of legal entity, on deliveries of products, performance of works, rendering" services (in the absence of these types of activity in public sector of economy). The provision determines general procedure, and conditions of preparation, the organization and tendering process at the choice of suppliers and contractors.

Action of this provision extends to all budget consumers having economic relations with the companies and the organizations of non-state pattern of ownership - suppliers and contractors.

3. The purpose of tendering process is the choice of the optimum supplier or contractor for implementation of economic activities of the budget consumers.

4. The basic principles of tendering process are:

creation of equal competitive conditions for all companies and organizations of non-state pattern of ownership;

ensuring publicity of tendering process;

ensuring objectivity of assessment of results of tenders;

determination of single requirements to tendering process.

5. Tenders are held in case of order placement on:

acquisition of products;

rendering services;

construction of buildings and constructions of production appointment, objects of the social sphere, including on a turnkey basis;

accomplishment of project, engineering and prospecting, construction, assembly, commissioning and other work types;

delivery of complete processing equipment;

accomplishment of other work types and services;

6. Tenders for the choice of contractors for construction of facilities are held after passing in accordance with the established procedure of approval of the feasibility statement, the project or after development of working documentation and determination of financial provision.

II. Main determinations

7. For the purposes of this provision the following determinations are used;

the tender - the competitive form of the choice of suppliers or contractors representing competition of the offers provided by applicants and conditions on deliveries of products, performance of works, rendering services from the point of view of their compliance to the criteria containing in the tender documentation;

subject of tenders - specific types of products, works and services by which the choice of suppliers or contractors is made;

participants of tenders - persons having the right to take part in tenders, in their preparation, carrying out, approval of results;

applicants - the company and the organization of non-state pattern of ownership, or the entrepreneur without formation of legal entity having the right to take part in the tender;

the buyer, the customer - the budget consumer to whom products are released the service or for which works are performed is rendered;

the organizer of tenders - the Ministry of Economics and finance of Turkmenistan;

the tender documentation - set of the documents containing initial information on products type, its amounts, specifications, the rendered services or technical, commercial, organizational and other characteristics of the performed works;

the tender (estimative) commission - the standing interdepartmental executive body created for the organization and tendering process;

the consultant - the legal entity or physical person involved by the tender commission for working off of methodical questions, preparation of the tender documentation, the analysis and assessment of tender offers.

III. Types of tenders

8. Depending on the list of participants and forms of carrying out tenders can be:

opened or closed (limited on number of participants);

primary or repeated.

9. All companies and the organizations, irrespective of patterns of ownership (including entrepreneurs without formation of legal entity), the having corresponding licenses and which wished to act as participants of tenders can participate in open tenders.

10. The companies and the organizations, entrepreneurs without formation of legal entity with wide working experience y powerful technical base, well proved in certain type of activity take part in the closed tenders.

11. According to the decision of the tender commission tenders can be carried out with preliminary qualification of the applicants who confirmed the desire to participate in the tender.

12. The type of the tender is determined by the organizer of the tender.

IV. Participants of tenders

13. The main - participating of tenders are the buyer (customer), the organizer of tenders, applicants, the tender commission.

14. The buyer (customer) performs the following functions:

submits the request for acquisition of products, rendering services or for performance of works on the activities established in its constituent documents;

participates in work of the tender commission through the representative;

establishes final terms of the contract, the contract and signs it with the winner of the tender.

15. As the organizer of tenders enters:

organization of permanent meetings of the tender commission;

preparation of the tender documentation for the announcement of tenders, the publication of announcements and mailing of offers;

control of activities of the tender commission;

consideration of appeals on the decision of the tender commission.

16. As the tender commission enters:

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