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The document ceased to be valid since May 22, 2016 according to Item 2 of the Presidential decree of the Azerbaijan Republic of May 20, 2016 No. 899

PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of February 20, 2003 No. 855

About approval of the Regulations on the State agency of the Azerbaijan Republic on purchases

(as of February 15, 2011)

In connection with entry into force of the Law of the Azerbaijan Republic "About public procurements" for the purpose of ensuring activities of the State agency of the Azerbaijan Republic I decide:

1. Approve Regulations on the State agency of the Azerbaijan Republic on purchases.

2. To the Cabinet of Ministers of the Azerbaijan Republic to resolve the issues following from this Decree.

3. This Decree becomes effective from the date of signing.

 

President

Azerbaijan Republic Heydar ALIYEV

Approved by the Presidential decree of the Azerbaijan Republic of February 20, 2002 No. 855

Regulations on the State agency of the Azerbaijan Republic on purchases

I. General provisions

1. The state purchases agency of the Azerbaijan Republic (further - "Agency") is created by the Presidential decree of the Azerbaijan Republic of May 16, 1997 No. 583.

2. The agency is the central executive body pursuing in the Azerbaijan Republic state policy in the sphere of purchases of goods (works, services) at the expense of public funds.

3. In the activities the Agency is guided by the Constitution of the Azerbaijan Republic, the laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, resolutions and orders of the Cabinet of Ministers of the Azerbaijan Republic, other regulatory legal acts, international treaties with participation of the Azerbaijan Republic and this Provision.

4. The agency has separate balance, the property which is in state-owned property, bank accounts, seal with the image of the State Emblem of the Azerbaijan Republic and the name, the corresponding stamps and forms.

5. Maintenance costs and activities of the Agency are financed by the government budget of the Azerbaijan Republic and not stipulated by the legislation other sources.

6. The agency is located in the city of Baku.

II. Tasks of the Agency

7. The agency carries out the following main objectives:

7.1. Pursue state policy in the sphere of purchases of goods (works, services) at the expense of public funds;

7.2. Participate in creation and enhancement of the regulatory framework regulating public procurements in the Azerbaijan Republic, to develop rules, instructions, other documents for public procurements and to submit them for approval to the President of the Azerbaijan Republic and in the Cabinet of Ministers of the Azerbaijan Republic;

7.3. Exercise control of legality of purchases of goods (works, services) which are carried out at the expense of public funds on competitive basis and of execution of agreements, to check matters of argument, in case of detection of cases of violation of the law to stop for the term of the procedure of purchases established by the law and if necessary to put question of cancellation of results of the tender before the purchasing organization;

7.4. provide training in the sphere of public procurements, and also take measures for preparation and additional education of specialists;

7.5. Determine rules of creation of reports on public procurements, provide finishing, creation of the website, placement on this website to the available and subject publicity of public information which list is established by the legislation, and permanent updating of this information to the public of the regulatory legal acts, documents and data regulating public procurements;

7.6. Prepare annual statements on public procurements and represent them to the President of the Azerbaijan Republic and to the Cabinet of Ministers of the Azerbaijan Republic;

7.7. Create the database in the sphere of public procurements;

7.8. According to the procedure, determined by the legislation to cooperate with the relevant organizations of foreign countries in the sphere of public procurements;

7.9. Check the matters of argument which are available in procedures of public procurements in cases of violation of requirements of the legislation to take the measures corresponding to provisions of the Law of the Azerbaijan Republic "About public procurements".

7.10. Carry out other tasks established by the legislation of the Azerbaijan Republic.

III. Functions of the Agency

8. According to the tasks determined by this Provision, the Agency performs the following functions:

8.1. Exercises control of legality of purchases of goods (works, services) which are carried out at the expense of public funds on competitive basis and of execution of agreements;

8.2. Gives to the purchasing organizations methodical and organizational help on the organization and carrying out public procurements, gives them consultations, for the purpose of additional education of specialists of the purchasing organizations in the sphere of public procurements will organize rates, holds seminars, trainings and conferences, develops the corresponding educational and methodical materials, with the same purpose within the powers holds other events;

8.3. Within cooperation of the Azerbaijan Republic with foreign countries in the sphere of public procurements holds negotiations and participates in preparation of international agreements according to the procedure, determined by the legislation;

8.4. In the cases and procedure determined by the legislation advocates state interests and line item of the Azerbaijan Republic in public procurements and takes for this purpose proper measures;

8.5. Makes offers on amount and procedure for application of preferential amendments to the Cabinet of Ministers of the Azerbaijan Republic;

8.6. Determines rules of creation of reports on public procurements, provides bringing to the public of the regulatory legal acts, documents and data regulating public procurements;

8.7. Prepares annual statements on public procurements, represents them to the President of the Azerbaijan Republic and to the Cabinet of Ministers of the Azerbaijan Republic;

8.8. In the time established by the legislation makes written decisions according to the considered claims, in these decisions motivates their reasons and specifies the provided legal remedies if those be provided;

8.9. Performs other functions, stipulated by the legislation the Azerbaijan Republic.

IV. Rights of the Agency

9. For accomplishment of the tasks and the Agency functions it is competent:

9.1. Within the powers to participate in creation and enhancement of the regulatory legal acts regulating public procurements, to prepare and approve such acts;

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