Approved by the Order of the Agency on purchases of goods, works and services under the Government of the Republic of Tajikistan of April 14, 1999 No. 3-P
This provision is developed based on article 13 of the Law of the Republic of Tajikistan "About public procurements of goods, works and services" and determines conditions and procedure for application of the methods alternative to the main method of public procurements of goods and works.
For the purpose of this provision the following concepts and their determinations are used:
a) "purchase agreement" - the agreement (contract) signed between the buying organization and the supplier (contractor) as a result of procedures of purchases;
b) "purchases" - acquisition by the buying organization of goods (works) or services at suppliers (contractors) according to the procedure, established by this Law;
c) "the buying organization" - the state body of the Republic of Tajikistan, the state company, the organization or organization having the status of the legal entity which are engaged in purchases of goods (works) and services through the tender commission formed by authorized body;
d) "offer" - the offer on the conclusion of the agreement (contract) containing all its essential conditions;
e) "the supplier (contractor)" - depending on context any potential party or the specific agreement party about purchases with the buying organization;
e) "delivery" - all stages of process of purchases of raw materials, finished goods, the equipment and other goods delivered the buying organization;
g) "works" - any work connected with designing, construction, reconstruction, demolition, repair or updating of the building, construction or object including preparation of the building site, dredging, construction, construction, installation.i adjusting or materials, finishing and finishing works, and also the accompanying construction services, such as drilling, geodetic works, satellite shooting, seismic researches and other services provided according to the purchase agreement if the cost of these services does not exceed the cost of the construction;
h) "goods" - products of work, any kind and the description, including raw materials, products, the equipment and objects in strong, liquid or gaseous state, electrical energy, and also the services accompanying deliveries of goods if the cost of such accompanying services does not exceed the cost of goods;
i) "services" - any subject of purchases, in addition to goods and works;
j) "tender" - the offer on delivery of goods, rendering services, implementation of works when tendering;
k) "authorized body" - Agency on purchases of goods, works and services under the Government of the Republic of Tajikistan.
Alternative methods of public procurements of goods and works in the Republic of Tajikistan are:
- two-stage biddings;
- request for proposals;
- request for quotation;
- single source procurement.
3.1. The two-stage auction can be held in cases when:
a) the buying organization has no opportunity to constitute detailed specifications of goods or works, for the purpose of the most complete satisfaction of need for purchases. For this reason it is necessary for it:
- attract tenders, offers or offers to identification of various opportunities of satisfaction of need for purchases;
- hold negotiations with suppliers (contractors) owing to features of technical characteristics of goods or works;
b) the buying organization intends to sign the agreement for the purpose of carrying out scientific research, experiments, researches or developments, except as specified, when the agreement provides production of goods in the amounts sufficient for ensuring their profitability or for expense recovery for the specified research and development works;
c) suppliers (contractors) did not submit tenders on participation in the biddings or all specified requests are rejected by the tender commission if at the same time carrying out the new biddings does not bring, according to the tender commission, to the conclusion of the agreement.
3.2. When carrying out the two-stage biddings the tender documentation provides that at the first stage of procedures of the two-stage biddings all suppliers (contractors) submit the initial tenders containing offers without specifying of the price. The tender documentation can provide attraction of the offers concerning technical, quality or other characteristics of goods and construction works, and also the offered terms and in appropriate cases of professional and technical competence and qualification of suppliers (contractors).
At the first stage of procedures of the two-stage biddings the buying organization by means of authorized body has the right to hold negotiations with any supplier (contractor) whose tender was not rejected in accordance with the established procedure, by any provision of such request, except for requirements to qualification.
At the second stage of procedures of the two-stage biddings the tender commission offers suppliers (contractors) who took part in the first stage whose tenders were not rejected, to submit final tenders with indication of the price of the same type of goods or works and the services accompanying them. In case of creation of specifications of these goods or works and the services accompanying them the buying organization has the right to exclude or change any provision which is originally established in the request for carrying out the tender, including functional, technical or quality characteristics of the purchased goods or works, and the tender commission - any evaluation criteria and comparisons of tenders and determination of the won request which are originally established by the tender documentation and has the right to add the tender documentation with the new characteristics or criteria which are corresponding to the request of the buying organization and not contradicting requirements of the regulatory legal acts for purchases approved in the procedure established by the legislation of the Republic of Tajikistan. Any exceptions, changes or amendments of the tender documentation are brought to the attention of suppliers (contractors) in the invitation to submit final tenders. The supplier (contractor) who does not have intention to submit the final tender has the right to leave participation in the biddings, without losing at the same time the right to warranty providing the request. Further final tenders are estimated and compared for determination of the won request according to the procedures provided for the main method of purchases of goods or works.
4.1. The authorized body can for the reasons of achievement of profitability and efficiency, to carry out purchases by request for proposals method if:
a) goods (works) or services in the reason of their high-difficult or specialized nature is available only at limited number of suppliers (contractors); or
b) time and expenses which are required for consideration and assessment big the number of tenders will be incommensurable to the cost of the purchased goods (works) or services.
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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