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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of December 30, 2012 No. 330

About approval "Procedure for provision of state orders in the sphere of social servicing to municipalities, physical persons and legal entities, including to non-governmental organizations"

For the purpose of ensuring execution of subitem 1.1.10 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About social service" of March 14, 2012 600, the Cabinet of Ministers of the Azerbaijan Republic decides No.:

Approve "Procedure for provision of state orders in the sphere of social servicing to municipalities, physical persons and legal entities including to non-governmental organizations" it (is applied).

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of December 30, 2012, No. 330

Procedure for provision of state orders in the sphere of social servicing to municipalities, physical persons and legal entities, including to non-governmental organizations

1. General provisions

1.1. This Procedure is prepared according to article 26 of the Law of the Azerbaijan Republic "About social service" and regulates procedure for provision of state orders (further - state orders) in the sphere of social servicing to municipalities, physical persons and legal entities including to non-governmental organizations.

1.2. The state orders consisting of social programs, projects or separate actions which are directly realized by municipalities, legal entities and physical persons, and also non-governmental organizations are directed to accomplishment of tasks on social servicing.

1.3. State orders are provided on competitive basis. At the same time as the customer state bodies, act as the contractor municipalities, physical persons and legal entities, and also non-governmental organizations.

1.4. Provision of state orders according to appendix to these rules are drawn up by the agreement signed between the parties by request of social servicing.

2. The body providing the state order

2.1. The state body providing the state order:

2.1.1. determines the purposes, sales terms of state orders and annually in the course of creation of the government budget are approved with the Ministry of Finance of the Azerbaijan Republic by the size of the funds allocated for the state order;

2.1.2. creates the contest committee;

2.1.3. prepares packet of the main conditions of tender;

2.1.4. after approval of the main conditions of tender by the contest committee of packet and the competitive announcement publishes the competitive announcement;

2.1.5. provides carrying out tender according to state orders;

2.1.6. signs the contract with the organization contractor performing the state order;

2.1.7. controls accomplishment of state orders according to contractual conditions;

2.1.8. in case of breach of agreement performs actions, stipulated by the legislation.

3. Main conditions for participation in tender

3.1. The main conditions for municipalities, physical persons and legal entities, including the non-governmental organizations wishing to take part in tender according to state orders:

3.1.1. complete or partial specialization by the form social servicing, specified in the competitive announcement;

3.1.2. availability of professionalism, experience, technical and financial capabilities, labor power, management skills and reliability for ensuring implementation of the agreement signed with the customer;

3.1.3 lack of overdue obligations on taxes and other obligatory payments.

4. The basic principles and forms of the organization of the processes connected with provision of state orders

4.1. The basic principles of the organization of the processes connected with provision of state orders:

4.1.1. ensuring participation in tender according to state orders of municipalities, physical persons and legal entities, including non-governmental organizations;

4.1.2. compliance with law, transparency of processes;

4.1.3. justice and inadmissibility of discrimination;

4.1.4. ensuring equal access for concerned parties to data;

4.1.5. the direction of programs of social servicing on improvement of welfare of the population;

4.1.6. ensuring social partnership and cooperation;

4.1.7 forming and development of institutes in the sphere of social servicing;

4.1.8 forming of competitive environment and improvement of quality in the sphere of social servicing and accomplishment of orders.

4.2. Tenders according to state orders are performed according to the procedure, established by the legislation.

5. Organization of the Commission on carrying out tender

5.1. According to profile of orders for carrying out tender on social servicing in the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic, the Ministry of science and education of the Azerbaijan Republic, the Ministry of Health of the Azerbaijan Republic and local executive bodies the contest committee is created (further - the Commission). Specialists of the relevant state body are part of the Commission. By consideration of questions in which other central executive bodies, non-governmental organizations, local executive bodies are interested their representatives are invited to commission sessions. The commission chairman is appointed from among officials of state body (excepting the head).

5.2. The structure and operating procedure of the Commission are approved by the head of state body (person fulfilling its duties).

6. Operating procedure and main objectives of the Commission

6.1. The commission performs the activities by holding meetings. Commission sessions are convoked by the commission chairman.

6.2. During the competitive procedures and decision making about results of tender there shall be, at least, three quarters of members of the commission. Decisions of the Commission are made by a simple majority vote attendees at meeting. In case of equality of votes, the commission chairman's voice is considered decisive. The decision shall be signed by all members of the commission.

6.3. The commission has the right to invite to meetings for the purpose of decision making following the results of tender of experts and others, the representatives of the body which provided the order who do not have the right to vote.

6.4. The commission works on a voluntary basis.

6.5. The main objectives of the Commission are:

6.5.1. ensuring complete transparency of activities of the Commission;

6.5.2. development of objective criteria for evaluation of the offers provided on tender according to the state order;

6.5.3. coordination of conditions of tender between the customer and the party;

6.5.4. ensuring publication of results of tender.

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