RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of July 30, 2018 No. 596

About approval of the Regulations on procedure of purchase of socially important food products by fund of assistance of price stabilization in the domestic consumer market

In pursuance of the Presidential decree of the Republic of Uzbekistan of January 16, 2018 the No. UP-5303 "About Measures for Further Ensuring Food Security of the Country" Cabinet of Ministers decides:

1. Approve Regulations on procedure of purchase of socially important food products by fund of assistance of price stabilization in the domestic consumer market according to appendix.

2. To provide to JSC Uzbek Republican Commodity and Raw Exchange together with the Single integrator on creation and support of the state information systems in two-month time commissioning of special information portal of public procurements for the purpose of the organization of import of socially important food products by fund of assistance of price stabilization in the domestic consumer market.

3. To the Ministry of Foreign Trade together with Chamber of Commerce and Industry of the Republic of Uzbekistan to conduct permanent monitoring of prices in the world market for socially important food products for the organization on competitive basis of purchase by the organizations suppliers of socially important food products in the amounts determined by the Republican commission on monitoring and control of the prices of main types of socially important food products by fund of assistance of price stabilization in the domestic consumer market.

4. To impose control of execution of this resolution on the deputy prime minister - the Minister of Finance of the Republic of Uzbekistan D. A. Kuchkarov and the deputy prime minister of the Republic of Uzbekistan Z. T. Mirzayev.

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 30, 2018 No. 596

Regulations on procedure of purchase of socially important food products by fund of assistance of price stabilization in the domestic consumer market

Chapter 1. General provisions

1. This Provision determines procedure the domestic organizations suppliers of purchase of socially important food products by fund of assistance of price stabilization in the domestic consumer market (further - Fund).

2. In this Provision the following basic concepts are applied:

The republican commission - the Republican commission on monitoring and control of the prices of main types of socially important food products created according to the resolution of the President of the Republic of Uzbekistan of June 23, 2017 No. PP-3082 "About urgent measures for reliable providing the population of the republic with main types of socially important food products";

the territorial commissions - the permanent territorial commissions on monitoring and control of the prices of the main types of socially important food products under Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent formed according to the resolution of the President of the Republic of Uzbekistan of June 23, 2017 No. PP-3082 "About urgent measures for reliable providing the population of the republic with main types of socially important food products";

socially important food products - the food products constituting the main food allowance of the population on which seasonal and other acute fluctuations of the demand and supply in the domestic market, first of all meat (beef, mutton, bird), vegetable and animal oil, sugar, grain, flour, potatoes, carrots, onion and other types of food products which list affirms the Republican commission are observed;

Register of the organizations suppliers - The register of the organizations performing purchase, procurement, bookmark, storage and realization of the socially important food products having storage facilities for storage of socially important food products and outlets for purchase of socially important food products by fund;

the organizations suppliers - the organizations performing the purchase, procurement, bookmark, storage and realization of socially important food products by fund included in the Register of the organizations suppliers;

the customer - the organization supplier performing socially important food products by fund;

the supplier - the participant of purchasing resident procedures or the nonresident of the Republic of Uzbekistan participating in procurement procedure as the applicant for execution of purchases. The participant determined by the winner following the results of procurement procedures and with which the contract for execution of purchases is signed;

Fund - the Fund of assistance of price stabilization in the domestic consumer market created and performing the activities without formation of legal entity in the form of special fund of the Cabinet of Ministers of the Republic of Uzbekistan and its means are used only according to decisions of the Republican commission (according to the resolution of the President of the Republic of Uzbekistan of June 23, 2017 No. PP-3082 "About urgent measures for reliable providing the population of the republic with main types of socially important food products").

3. The purchase socially important food goods by fund is performed for the purpose of smoothing of seasonal and other acute fluctuations of the demand and supply in the domestic market, first of all on the most important types of socially important food products.

Chapter 2. Procedure for forming of the Register of the organizations suppliers for participation in purchase of socially important food products

4. For rapid response to seasonal and other acute fluctuations of demand and offers in the domestic market by the Republican commission constantly updated Register of the organizations suppliers conducting procurement of socially important food products through fund is created in advance.

5. Forming and system maintaining the Register of the organizations suppliers is provided with the Republican commission on the basis of the materials represented by the territorial commissions.

The register of the organizations suppliers is updated monthly to the 5th of current month, taking into account offers of the territorial commissions.

6. For forming of the Register of the organizations suppliers the Republican commission annually in January places the announcement of carrying out tender on selection of the organizations suppliers on participation in purchase of socially important food products on the Single portal of interactive state services of the Republic of Uzbekistan and information portal of public procurements of xarid.uz.

The announcement of carrying out tender on selection of the organizations suppliers is placed at least in ten days prior to date of competitive selection and the termination of acceptance of offers from the organizations suppliers.

The announcement shall contain the following information:

detailed description and price of goods;

requirements imposed to the organizations suppliers;

first name, middle initial, last name, position and the address of one or several officials determined as contact persons for communication with the organization supplier;

form of giving of request for explanation of provisions of necessary documentation;

date and time of the deadline for submission of bids with offers.

The announcement may contain also other information which is not contradicting the legislation.

7. For participation in tender on selection of the organizations suppliers for the purpose of inclusion in the Register of the organization suppliers represent to the territorial commissions:

the statement in the form approved by the Republican commission;

certificate of condition of the settlement account;

data on availability of the license for the right of implementation of wholesale trade;

the document confirming availability at the applicant of own or leased storage facilities and outlets for ensuring proper storage and realization of socially important food products;

the document confirming availability at the applicant of necessary technical, financial, material, personnel and other resources for agreement performance.

Responsibility for reliability and completeness of the represented data bear the organizations suppliers.

Order taking with offers stops with approach of the deadline specified in the announcement published on the Single portal of interactive state services of the Republic of Uzbekistan.

8. The term of consideration and assessment by the territorial commissions of offers of the organizations suppliers for participation in purchase of food products cannot exceed three days from the moment of the termination to order taking with offers.

9. Consideration and assessment of offers of the organization suppliers are performed on the basis of the following criteria:

availability at the applicant of necessary technical, financial, material, personnel and other resources for agreement performance;

absence at the applicant of the tax arrears and other obligatory payments;

availability at the applicant of own or leased storage facilities and outlets for ensuring proper storage and realization of socially important food products.

The winner the organization supplier which offered the best terms of agreement performance taking into account the criteria specified in this Item is recognized.

In case of receipt of equivalent offers from several organizations suppliers the priority is given to the organization supplier first which submitted the application for participation in purchase of socially important food products.

Results of consideration and assessment of offers are fixed in the protocol of the territorial commission.

The protocol of consideration and assessment of offers shall contain the following information:

date and time of consideration and assessment of offers of the organizations suppliers;

the list of the being present at consideration and assessment of proposals of members of the territorial commission and authorized representatives of the organizations suppliers;

the list of the organizations suppliers which offers were considered;

the list of the organizations suppliers which offers were rejected, with indication of the specific reasons;

the made decision on selection of the organization supplier;

full name, the address of the location of the selected organization supplier.

The protocol of consideration and assessment of offers is signed by all members of the territorial commission, and the statement from it is published on special information web the portal within three working days from the date of signing of the protocol.

The organizations suppliers after the publication of the protocol of consideration and assessment of offers have the right to send to the relevant territorial commission inquiry for provision of explanations concerning results of selection. Within three working days from receipt date of such request the territorial commission shall provide to the organization supplier the corresponding explanation with reasons for the elections.

10. Following the results of assessment the territorial commission within three days creates and approves the list of the organizations suppliers, to the selected implementation of purchase and realization of socially important food products, and represents it to the Republican commission.

11. The republican commission on the basis of offers of the territorial commissions within two days creates the Register of the organizations suppliers enabling purchase and the realization of socially important food products.

In case of disagreement with the decision territorial or republican the commissions on results of selection the organization supplier has the right to appeal it in the established legislative procedure.

Chapter 3. Procedure for forming of need for socially important food products

12. The territorial commissions on daily basis study current status of the prices in the domestic market and products remaining balance stored in storage facilities and the organizations of trade (outlets) within conducting monitoring of the operating and expected prices of socially important food products by results of which ezhedekadno represent reasonable offers to the Republican commission on forecast parameters of the prices and the need for socially important food products for the forthcoming period, with determination of the list and amounts of their acquisition in the internal and external markets.

13. The republican commission within two days after receipt of the offer of the territorial commissions on forecast parameters of the prices and the need for socially important food products for the forthcoming period represents the list of the socially important food products which are purchased under import contracts to the Ministry of Foreign Trade of the Republic of Uzbekistan.

14. The Ministry of Foreign Trade together with Chamber of Commerce and Industry of the Republic of Uzbekistan within three days from the date of receipt of the list of socially important food products represents to the Republican commission of price recommendation on delivery under import contracts of socially important food products by fund.

Studying of price situation of goods in the world market is performed by the Ministry of Foreign Trade of the Republic of Uzbekistan on basis:

data on the prices of similar products received in writing from other foreign producer organizations or the domestic export companies;

data on the level of the world prices for the exported products published in official mass media;

the conclusions or data received in writing from the commodity and raw exchanges, the different agencies, the consulting organizations, special representatives of the bodies and other legal entities collecting and the publication of information on the world prices.

15. The republican commission, having considered the offers on the prices and amounts provided by heads of the territorial commissions taking into account recommendations of the Ministry of Foreign Trade of the Republic of Uzbekistan approves lists of the socially important food products which are purchased by fund with indication of amounts and the markets (internal and external) their implementation of purchase, places information on the planned purchase of socially important food products on the Single portal of interactive state services of the Republic of Uzbekistan and information portal of public procurements of xarid.uz.

Chapter 4. Procedure of purchase of socially important food products

16. The purchase of socially important food products by fund is performed according to the scheme according to appendix to this Provision.

17. The purchase of socially important food products by fund is performed in the internal and external markets.

In the domestic market the purchase of agricultural products for bookmark for the winter and spring period based on agreements (contracts) signed between suppliers and the organizations suppliers is performed.

The purchase of agricultural products at Dehkan and personal subsidiary farms for bookmark for the winter and spring period is performed according to requirements of the Regulations on procedure for the purchase by the organizations of Uzbekozikovkatzakhira Association of agricultural products at Dehkan and personal subsidiary farms approved by the resolution of the President of the Republic of Uzbekistan of November 30, 2017 No. PP-3418.

Import of socially important food products by fund is performed only through system of the open electronic tenderings of the commodity and raw exchanges, including foreign.

18. Fund for purchase of socially important food products is allocated by the Ministry of Finance of the Republic of Uzbekistan in the form of non-interest loan on the basis of the conclusion of tripartite contracts with the organizations suppliers and the servicing commercial banks, with appendix of repayment schedules of loan to them and guarantee of the banks servicing the organizations suppliers on loan repayment.

At the same time for internal suppliers payment of means is performed in national currency, and when importing socially important food products - in US dollars.

19. Return of loans of Fund is made by the organizations suppliers according to mutually approved schedules which are integral part of tripartite agreements on allocation of non-interest loan. Repayment schedules, as a rule, shall provide repayment of loan within 30 days from the date of receipt of permission to realization of the purchased socially important food product.

Return of currency loan is performed in national currency at the Central Bank rate of the Republic of Uzbekistan for date of loan repayment.

Chapter 5. Procedure of purchase of socially important food products through system of the open electronic tenderings of the commodity and raw exchanges

20. The purchase of socially important food products by fund through system of the open electronic tenderings of the commodity and raw exchanges is performed according to the requirements of the legislation established for the organization and carrying out public procurements.

21. In case of lack of offers on delivery of socially important food product on the open electronic tenderings of the domestic commodity and raw exchanges the customer has the right to acquire socially important food products on the open electronic tenderings of the foreign exchanges.

Chapter 6. Procedure for realization of socially important food products

22. The socially important food products acquired by fund are implemented by the organizations suppliers for the prices determined by the Republican commission taking into account price situation in the domestic market.

23. Realization of the socially important food products acquired by fund is performed only in the outlets included in the Register of the organizations suppliers.

Chapter 7. Final provisions

24. Responsibility for timely return of fund according to conditions of the signed agreements on allocation of non-interest loan is conferred on the relevant organizations suppliers.

25. In case of failure to carry out or inadequate accomplishment of the obligations by the organizations suppliers for return of target fund according to the signed agreements on allocation of non-interest loan the Ministry of Finance of the Republic of Uzbekistan is granted the privilege to debt write-off and penalty fee for the account of means on all bank accounts of debtors, except for on what according to the legislation collection cannot be turned. At the same time collection requirements are exposed to the organizations suppliers, according to the legislation, on the key settlement account.

26. Control of use of allocated funds of Fund strictly for purpose is provided in accordance with the established procedure with Head department of the state financial control of the Ministry of Finance of the Republic of Uzbekistan.

27. Persons guilty of violation of requirements of this provision bear responsibility according to the legislation.

Appendix

to Regulations on procedure of purchase of socially important food products by fund of assistance of price stabilization in the domestic consumer market

The scheme of purchase of socially important food products by fund of assistance of price stabilization in the domestic consumer market

Subjects		Actions		Accomplishment terms
Republican commission		Forming and system maintaining the Register of the organizations suppliers on the basis of the represented materials the territorial commissions.		Annually in January
Territorial commissions		1. Implementation of monitoring of the operating and expected prices of socially important food products. 2. Submission to the Republican commission of reasonable offers on the predicted prices and the need for socially important food products for the forthcoming period, with determination of the list and amounts of their acquisition in the internal and external markets.		Daily Ezhedekadno in the first day of following decades
Republican commission		Submission to the Ministry of Foreign Trade of the list of the socially important food products which are purchased under import contracts.		During two days
Ministry of Foreign Trade		Submission to the Republican commission of price recommendations on delivery under import contracts of socially important food products by fund.		Within three days from the date of obtaining list
Republican commission		Approval of lists of the socially important food products which are purchased by fund with indication of amounts and the markets (internal and external) their acquisition and the organizations suppliers by the territories.		During three days
The Ministry of Finance, the servicing commercial banks, the organizations suppliers		1. The conclusion of tripartite agreements on allocation of non-interest loan for payment for delivered socially important food products. 2. Opening to the organizations suppliers of special accounts in the servicing commercial banks. 3. The direction the Ministry of Finance into the special account of the organization supplier of fund in the amount specified in the agreement of purchase of socially important food products signed between the supplier and the organization manufacturer.		Within three days after the conclusion of the agreement
Organizations suppliers, Commodity and raw exchange		1. Registration at the exchange as the participant of clearing. 2. Placement in electronic system of the scheduled plan of purchases at the scheduled time and requests for each purchase.		Not later 25 dates, preceding purchase
Organizations suppliers		1. Purchase of socially important food products, including under import contracts. 2. Realization of socially important food products only through the organizations of trade (outlets) which list is approved by the territorial commissions. 3. Storage of remaining balance of socially important food products in storage facilities and the organizations of trade (outlets).		In compliance with requirements of the population It agrees to schedules

 

 

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