LAW OF THE REPUBLIC OF TAJIKISTAN

of March 15, 2023 No. 1955

About public procurements

Accepted by the Resolution MH MOPT of February 15, 2023, No. 975

Approve the Resolution MM MORT of March 15, 2023 No. 364

This Law determines organizational, legal and economic basis of public procurements and is directed to forming of the single system of public procurements providing effective and economic use of public funds on the basis of the principles of the competition, the fair attitude towards all participants of tender and transparency of the procedure of public procurements.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) public procurements (purchases) - acquisition by the buying organization of goods, works and services, financed in the procedure established by this Law fully or partially by public funds;

2) tender - selection process of the supplier (contractor) for the purpose of award in the procedure for the agreement established by this Law on delivery of goods, performance of works and rendering services;

3) the participant of tender - physical person and legal entity or group of such persons which expressed interest in participation in process of carrying out purchases;

4) the supplier (contractor) - the physical person and legal entity or group of such persons which provide or can provide goods, works or services as a result of the procedure of purchases;

5) the competitive offer - the request, the offer or the quotation provided in response to official request of the buying organization for delivery of goods, performance of works or rendering services;

6) competitive documents - the document or document package, determining conditions and procedure for the corresponding purchase and issued by the buying organization to the participant of tender for preparation of the competitive offer;

7) the agreement of purchase - the agreement signed in case of completion of the procedures of public procurements of goods, works and services;

8) goods - products of any kind and appointment, including raw materials, product, the equipment, technology, objects in strong, liquid and gaseous state, electrical and heat energy, property right objects according to the legislation of the Republic of Tajikistan, and also the services connected with delivery of goods if the cost of such services does not exceed the cost of goods;

9) work - the activities connected with construction, reconstruction, demolition and repair of buildings and constructions including installation and adjusting, and also the accompanying services, such as drilling, geodetic works, satellite shooting, seismic researches and other services provided according to the agreement of purchase if the cost of these services does not exceed the cost of works;

10) service - the activities directed to requirements satisfaction of the buying organization and which are not consulting services;

11) consulting services - the services of intellectual or consulting nature provided by the individual consultants or the organizations having specialized professional knowledge and experience and the corresponding qualification;

12) public funds - means of the government budget, public institutions, state companies, joint-stock companies and other business entities in which more than 50 percent of shares or shares belong to the state, the organizations and organizations formed by the Government of the Republic of Tajikistan, state governing bodies, national banks, the state trust funds, the means which arrived into accounts of state governing bodies, state organization, organization or company of which they dispose for the benefit of persons who are owners of these means, the borrowed funds guaranteed and provided with the state or the state companies, organizations and the organizations, joint-stock companies and other business entities in whom more than 50 percent of shares or shares belong to the state, and also grants;

13) the state authorized body on public procurements (further - the state authorized body) - the state central executive body of the power performing state policy on public procurements;

14) the expectation period - the period beginning with the moment of sending the notification on intention to award the agreement of purchase after which the buying organization cannot sign the agreement of purchase.

Article 2. Coverage of this Law

1. This Law is applied to public procurements, except for purchases within the state investment projects which are fully or partially financed by the donor states, foreign banks and international financial institutions, whose member and participant is the Government of the Republic of Tajikistan, and also the procurements conducted by Agency on providing with special property under the Government of the Republic of Tajikistan, purchases which are regulated by the Law of the Republic of Tajikistan "About public-private partnership". The president of the Republic of Tajikistan determines procedure for purchase by Public institution "Directorate on construction of government objects" for Executive office of the President of the Republic of Tajikistan.

2. In case of public procurements within international treaties of the Republic of Tajikistan rules of international treaties are applied if other procedure is not provided in international treaties.

Article 3. Legislation of the Republic of Tajikistan on public procurements

The legislation of the Republic of Tajikistan on public procurements is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 4. Principles of public procurements

Public procurements are based on the following principles:

1) rational use of public funds, profitability and efficiency when implementing public procurements;

2) the competition within the transparent procedures of public procurements;

3) equality and the fair attitude towards all participants of tender, and also suppliers (contractors) performing agreements of public procurements;

4) confidentiality of information containing the state or protected by the law other secret.

Chapter 2. Subjects of the relations of public procurements

Article 5. Participants of public procurements

1. Participants of public procurements are:

1) the buying organizations;

2) suppliers (contractors);

3) state authorized body.

2. The following buying organizations are participants of public procurements:

1) budgetary institutions;

2) state bodies;

3) state companies;

4) the organizations and organizations formed by the Government of the Republic of Tajikistan, state governing bodies;

5) the utility companies financed from the local or republican budget;

6) self-government institutions of settlements and villages;

7) state trust funds;

8) joint-stock companies and other business entities in whom more than 50 percent of shares or shares belong to the state;

9) state governing bodies, the state organizations, organizations or the companies which dispose of the means which arrived into their accounts from owners of these means;

10) branches and (or) representations of the above-stated legal entities;

11) national banks.

Article 6. Competence of the Government of the Republic of Tajikistan

The government of the Republic of Tajikistan has the following competences in the field of public procurements:

1) regulates state policy in the field of public procurements;

2) approves state programs and strategy for development of public procurements;

3) determines the measures directed to purchases for the purpose of sustainable and social development;

4) is determined by the state authorized body;

5) approves rules of procedure of public procurements, standard competitive documents, the standard agreement of purchase, management on purchases and guidelines manuals;

6) implementation of other competences according to the legislation of the Republic of Tajikistan.

Article 7. Powers of the state authorized body on public procurements

The state authorized body has the following powers:

1) realization of state policy on public procurements;

2) maintaining and development of the single portal of the public electronic procurement of the Republic of Tajikistan (further - the single portal of the public electronic procurement) with single information access about public procurements;

3) implementation of measures, the public procurements directed to institutional strengthening of system, ensuring effective and economical use of public funds and anti-corruption in the field of public procurements;

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