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THE PROTOCOL BETWEEN THE STATE PARTIES OF THE AGREEMENT ON THE FREE TRADE AREA OF OCTOBER 18, 2011

of June 7, 2016

About rules and procedures of regulation of public procurements

The governments of the State Parties of the Agreement on the free trade area of October 18, 2011 which further are referred to as with the Parties, being guided by provisions of article 6 of the Agreement on the free trade area of October 18, 2011, confirming intention to develop economic cooperation and to expand trade and economic relations, considering need of effective functioning of the free trade area, for the purpose of forming of conditions for free movement of goods and services agreed as follows:

Article 1 of the Purpose and the principles of regulation in the field of the public (municipal) procurements

1. The parties determine the following purposes and the principles of regulation in the field of the public (municipal) procurements (further – purchases):

regulation of the relations in the field of purchases by the legislation on purchases and international treaties which participants are their states;

providing optimum and effective expenditure of the means used for purchases in the State Parties of the this Protocol;

ensuring information openness and transparency of purchases;

ensuring easy and equal access of potential suppliers of the State Parties of the this Protocol to participation in procurement which are carried out in electronic format by mutual recognition of the digital signature made according to the legislation of one State Party of the this Protocol, other State Party of the this Protocol;

ensuring availability of the authorized regulating and monitoring bodies of the power of the Parties in the field of purchases (accomplishment of these functions by one body is allowed);

establishment of responsibility for violation of the legislation of the State Parties of the this Protocol on purchases;

competition development, and also anti-corruption and to other abuses in the field of purchases.

2. Action of the this Protocol does not extend to purchases, data on which according to the legislation of the State Parties of the this Protocol are the state secret (the state secrets).

3. Action of the this Protocol does not extend to the procurements conducted by national (central) banks of the State Parties of the this Protocol taking into account provisions of paragraphs two – the fourth this Item.

National (central) Banks of the State Parties of the this Protocol conduct procurement for ensuring administrative needs, accomplishment of construction works and capital repairs according to the internal regulations of implementation of purchases (further – regulations on purchases). The regulations on purchases shall not contradict the purposes and the principles stated in the this Protocol. In exceptional cases by the decision of the supreme national authority (central) bank withdrawals from the specified principles can be established.

The regulations on purchases shall contain requirements to purchases, including procedure for preparation and holding procedures of purchases (including purchase methods) and conditions of their application, procedure for the conclusion of agreements (contracts).

At the same time regulations on purchases and information on the purchases planned and performed by national (central) banks of the State Parties of the this Protocol are posted on the official sites of national (central) banks of the State Parties of the this Protocol on the Internet according to the procedure determined by regulations on purchases.

Article 2 of the Concept, used in the this Protocol

The concepts used in the this Protocol have the following value:

the web portal – the single official site of the Party on the Internet providing the single place of information access about purchases;

the customer – state body, local government body, state-financed organization (including the public (municipal) institutions), and also other persons in the cases determined by the legislation of the State Parties of the this Protocol on purchases the conducting procurements in connection therewith the legislation. Creation (functioning) of the organizer of purchases which activities are performed in connection therewith by the legislation can be provided by the legislation of the State Parties of the this Protocol on purchases. At the same time transfer to the organizer of purchases of functions of the customer according to the conclusion of the agreement (contract) on purchase is not allowed;

purchases – the public (municipal) procurements which are understood as acquisition by customers of goods, works, services, and other purchases at the expense of budget, and also other means in cases, the stipulated by the legislation State Parties of the this Protocol about purchases, and also the relations connected with execution of agreements (contracts) on purchases;

information on purchases – the notice on purchase execution, documentation on purchase (including the draft agreement (contract) on purchase), the changes made to such notices, documentation, explanations of documentation on purchase, the protocols constituted in procurement process, data on results of procurement procedure, data on agreements (contracts) on purchases and supplementary agreements to such agreements, result of agreement performance (contract) on purchase, receipt of claims in the authorized regulating and (or) monitoring bodies of the power of the Parties in the field of purchases on their content and decisions made by results of consideration of such claims on the instructions issued by such bodies. Information on purchases is subject to obligatory placement on the web portal;

national treatment – the mode providing that each State Party of the this Protocol for the purposes of purchases provides to goods, the works and services happening from the territories of other State Parties of the this Protocol, to the potential suppliers and suppliers of other State Parties of the this Protocol offering such goods, performing works and rendering services, the mode at least favorable, than provided to the goods, works and services happening from the territory of the state and also the potential suppliers and suppliers of the state offering such goods, performing works and rendering services. The country of goods' origin is determined according to the rules of determination of the country of goods' origin existing in the territories of the State Parties of the Agreement on the free trade area of October 18, 2011;

the operator of electronic trading platform (electronic platform) – the legal entity or the physical person performing business activity who according to the legislation of the State Parties of the this Protocol owns electronic trading platform (electronic platform), software and hardware, necessary for its functioning, and (or) provides its functioning;

the supplier – person who is supplier, the contractor or the contractor and with which sign the agreement (contract) on purchase;

the potential supplier – any legal entity or physical person (including the individual entrepreneur);

technological framework – set of information on public procurements containing in databases, the information technologies and technical means providing forming, processing, storage of such information, and also its provision with use of the web portal;

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