of December 20, 2014 No. 158-V
About tenders for delivery of goods, performance of works, rendering services for the state needs
This Law governs the relations arising in case of tendering process at the choice of suppliers (contractors) for the purpose of deliveries of goods, performance of works and rendering services for the state needs and is aimed at the development of fair competition.
For the purposes of this Law the following basic concepts are used:
1) the tender – choice method on competitive basis of the supplier (contractor) of goods, works, services for the state needs according to the procedure, provided by this Law;
2) the organizer of the tender – the ministry, department, hyakimlika of welayats and the city of Ashgabat, and also the legal entities who do not have superior organization.
When financing deliveries at the expense of means of the Government budget of Turkmenistan, including by extrabudgetary funds of budgetary institutions (except for supply of chemicals, reactants, reagents, medicines, including veterinary, the medical, laboratory equipment, works on construction and reconstruction, capital repairs, project works), the organizer of the tender is the Ministry of Finance and Economy of Turkmenistan;
Other organizers of the tender can be established by the Cabinet of Ministers of Turkmenistan;
3) the customer – the state companies, the organizations, organizations acquiring goods, works or services for the purpose of execution of the functions assigned to them by the state;
4) the potential supplier (contractor) – the physical person who is engaged in business activity without formation of legal entity - the individual entrepreneur, or the legal entity having the right to perform deliveries of goods, to perform works and to render services in Turkmenistan;
5) the offerer – the potential supplier (contractor) who submitted to the organizer of the tender the constituting offer:
a) the tender with tender and qualification documentation (further - the tender);
b) the quotation of the prices (further - the quotation);
6) the supplier (contractor) – the offerer who is the winner of the tender and the signatory contract of delivery of goods and (or) the works agreement for performance of works and (or) rendering services;
7) delivery – delivery of goods, in a row on performance of works, rendering services for the state needs suppliers (contractors) on the conditions established by this Law, fully or partially at the expense of public funds;
8) goods – objects (things), including semifinished products or raw materials in strong, liquid or gaseous state, electrical and heat energy, intellectual property items, and also the corporeal rights with which it is possible to make transactions according to the legislation of Turkmenistan;
9) works – any activities connected with construction and also other work which results have material expression, and determined by the legislation of Turkmenistan as such;
10) services – the activities directed to requirements satisfaction of the customer which results have no material expression are implemented and consumed in the course of implementation of these activities, any subject of deliveries, in addition to goods and works.
1. The legislation of Turkmenistan on tenders for delivery of goods, performance of works, rendering services for the state needs is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.
1) being the state secret;
2) connected with the prevention and liquidation of emergency situations;
3) in the amount of below the determined threshold sums of deliveries on the corresponding industries of economy;
4) regulated by the Law of Turkmenistan "About hydrocarbonic resources";
5) consulting services, except for provisions, stipulated in Item 2 parts five of article 17 of this Law;
6) under agreements of deliveries for natural gas export on clearing system of the settlement performed based on decisions of the Cabinet of Ministers of Turkmenistan;
7) under agreements of exchange (barter) and other agreements performed based on decisions of the Cabinet of Ministers of Turkmenistan or in coordination with it;
8) in cases of involvement of subcontractors by the contractor for performance of works (rendering services);
9) in exceptional cases, in connection with urgent business necessity, - in coordination with the Cabinet of Ministers of Turkmenistan.
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