ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 2, 2010 No. 500

About approval of Rules on opening of tenders on purchase of goods, works and services in the state investment projects in the Republic of Tajikistan

For the purpose of ensuring profitability, efficiency, transparency, impartiality of procedures of the procurements conducted within the state investment projects in the Republic of Tajikistan and according to articles 13 and 14 of the Constitutional Law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan" and article 5 of the Law of the Republic of Tajikistan "About the state and guaranteed by the state borrowing and debt" the Government of the Republic of Tajikistan decides:

1) to Approve the enclosed Rules on opening of tenders on purchase of goods, works and services in the state investment projects in the Republic of Tajikistan.

2) to the Ministries and departments, local executive bodies of the government, the executive and implementing agencies of the state investment projects performed at the expense of soft credits to take necessary measures for implementation of these rules.

3) to the State committee on investments and management of state-owned property of the Republic of Tajikistan together with the interested ministries and departments:

- develop and approve in accordance with the established procedure the corresponding instructions and document forms necessary for execution of the approved Rules;

- to prepare and submit in case of need for consideration of the Government of the Republic of Tajikistan of the offer on reduction of regulatory legal acts of the Republic of Tajikistan in compliance with the presents of Rules.

Approved by the Order of the Government of the Republic of Tajikistan of October 2, 2010 No. 500

Rules on opening of tenders on purchase of goods, works and services in the state investment projects

1. General provisions

1) Action of these rules for opening of tenders on purchase of goods, works and services in the state investment projects (further - Rules) extend to all procurements conducted within the state investment projects which are implemented at the expense of the soft credits or grants received by the Republic of Tajikistan, the Government of the Republic of Tajikistan on bilateral basis or from international financial institutions.

2) In these rules the following basic concepts are used:

- the state investment projects (further investment projects) - the projects which are implemented at the expense of the soft credits or grants received by the Republic of Tajikistan, the Government of the Republic of Tajikistan on bilateral basis or from international financial institutions;

- donors - international financial institutions or funds, the agencies of the governments or the government of foreign states financing investment projects;

- the executive agency - state bodies or the state organizations (the ministries, committees, local executive bodies) which are the executive agencies for the state investment projects and responsible for preparation and implementation of investment projects. Depending on conditions; signed credit or grant agreements the executive agency can have the implementing agency in the subordination or itself is direct to enable the realization of the investment project;

- the implementing agency - the organization responsible for implementation of project activities created by the decision of the Government of the Republic of Tajikistan or the executive agency according to signed by the credit or grant agreement in the form of the center of project implementation, project management center, project implementation team or other form. Depending on conditions of signed credit or grant agreements the executive agency can act as the implementing agency;

- the organizer of the tender - the executive or implementing agency performing and bearing responsibility for purchase of goods, works and services within investment projects;

- central authorized body (further TsUO) State committee on investments and management of state-owned property of the Republic of Tajikistan, central executive body responsible for attraction, coordination and monitoring of use of the external help.

- the applicant - physical person or legal entity, resident or the nonresident expressed interest in participation in the tender. The supplier (contractor) acquires the status of the applicant from the moment of submission of the tender in the buying organization.

- the tender - the competition held among applicants for implementation of necessary work, rendering certain service, or delivery of certain goods by the most rational and in an efficient manner for the purpose of the choice of one (several) of them and the order to it (it) accomplishment of this work or service;

- the tender documentation - the document package containing conditions and procedure for carrying out the tender which is submitted from the organizer of the tender to the supplier (contractor) for execution of the tender;

- the tender - the offer on delivery of goods, implementation of works and rendering services when tendering;

- procedures of purchases of goods, works and services (further procedures of purchases) - set of the provisions determining procedure for making and registration of purchases within the state investment projects:

- The commission on opening of tenders on purchase of goods, works and services (further the Commission) - the commission which is created according to this provision for holding procedure of opening and data recording of tenders according to the tenders which are carried out within the state investment projects;

- the tender commission on assessment of tenders (further the tender commission) - the commission which is created for evaluating tenders and selection of the successful applicant for award of the contract to deliver goods, implementation of works or rendering services.

3) Tenders are in TsUO building where the special box for acceptance of tenders is placed (further box). made of strong material, and supplied with the special lock and seal.

4) Holding procedures of opening of tenders is performed on a centralized basis for all tenders of investment projects in TsUO building.

2. Main functions of the organizer of the tender

5) the Organizer of the tender performs the following functions:

- bears complete responsibility for implementation of purchases;

- provides preparation of the tender documentation according to qualifying standards according to the signed agreement;

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