It is registered
Ministry of Justice
Republic of Tajikistan
On October 12, 2010 No. 723
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.
Prime Minister of the Republic of Tajikistan
Emomalii Rahmon
Approved by the Order of the Government of the Republic of Tajikistan of October 2, 2010 No. 500
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 the building of TsUO 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 the building of TsUO.
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;
- performs preparation and the publication in mass media of the announcement of tenders, in accordance with the terms of the tender documentation and these rules, with indication of specific information on the place and terms of provision of tenders and the procedure of their opening. Date of opening of tenders shall be approved with the schedule of commission sessions;
- provides provision of the tender documentation to the interested applicants;
- provides in TsUO no later than January 31 of the current year procurement plan for the organization of planning of activities of the Commission. In case of change of the procurement plan approved with partners in development within 5 working days represents the changed procurement plan to the central authorized body. Day of carrying out the tender is represented in the central authorized body after approval of the partner in development;
- provides in TsUO the tender documentation and offers on structure of the tender commission not later than one week before date of the announcement of the tender. The list of the offered candidates shall be expanded, created on the basis of the principle of alternativeness, with inclusion of representatives of the relevant ministries and departments, and also specialists of the executive and implementing agencies;
- represent to the Commission in one day prior to meeting on opening information on the actions performed within the held tender;
- renders assistance to the Commission for implementation of its activities;
- in the purchases provided by procedures cases, at the request of applicants, provides transfer of performances of participants of commission session into English
- provides participation of the official representative on commission sessions on which opening of tenders within the tender organized by it is performed;
- upon termination of the procedure of opening of tenders provides the official representative from the Commission of the Protocol of opening, and also the tenders and other documents concerning the tender organized by it;
- provides mailing of the copy of the Protocol to the donor, and also to all applicants, within one working day from date of commission session;
- performs assessment of tenders in time, not exceeding 28 calendar days;
- in accordance with the established procedure publishes the report on results of tenders in mass media;
- ensures safety of all documents according to the tender after completion of the tender;
6) the Organizer of the tender after evaluating tenders and selection of the winner of the tender submits in TsUO the Valuation report of tenders for the purpose of receipt not of objection of TsUO. Only after receipt not of objection from TsUO, the organizer of the tender can send the Valuation report of tenders to the corresponding donor for receipt not of objection.
In case of receipt of the negative conclusion, no later than 4 working days finishes the report and sends to the central authorized body.
7) TsUO performs the following functions:
- creates necessary conditions for activities of the Commission;
- represents rooms for carrying out commission sessions. The venue of commission sessions for holding procedures of opening shall be in the building of TsUO and conform to requirements for placement of large number of participants and applicants;
- provides placement of box for acceptance of tenders which shall be in the building of TsUO in the place, available to applicants. The location of box shall ensure its safety and not allow possibility of its independent opening;
- considers, together with members of the commission, the Valuation report of tenders submitted by the organizer of the tender, and in time no later than the 7th working days from the moment of receipt of the report, represents to the organizer of the tender the letter on not objection or other written conclusion concerning determination of the winner of the tender;
- creates the Commission and provides necessary conditions for holding procedure of opening of tenders, and also other functions according to this provision;
- not later than, in two days prior to date of opening of tenders, on the basis of the proposal of the organizer of the tender for structure of the tender commission, by the order of the Head of TsUO approves structure of the tender commission.
8) The main objectives of the Commission are:
- providing the fair and equal attitude towards all participants of the tender;
- ensuring openness, transparency and publicity of the procedure of opening and data recording of tenders;
- providing the organization and holding procedure of opening and data recording of tenders at the scheduled time and according to qualifying standards.
9) the Commission according to the tasks assigned to it performs the following functions:
- determines the Schedule of carrying out commission sessions and informs all organizers of tenders
- carries out opening of tenders in time, specified in the announcement of the tender and the tender documentation;
- carries out opening and records of tenders, according to the procedures specified in these rules constitutes the minutes which are signed by the Chairman and members of the commission;
- provides transfer to the official representative of the organizer of the tender of one copy of the Minutes of the Commission, and also the tenders and other documents concerning this tender based on the relevant act.
10) According to these rules, the Commission has the following obligations:
- to honesty perform all functions assigned to it on opening and data recording according to tenders in strict accordance with the procedures specified in these rules;
- provide obligatory carrying out commission sessions in terms and the place in strict accordance with the announcement of the tender and the tender documentation;
- open and perform record on all to timely received tenders;
- review all written complaints of applicants concerning procedures of opening of tenders, make decisions of the Commission on being of the brought-up question and to send to week time to the applicant the motivated answer;
- observe the principle of confidentiality when holding procedures of the tender.
11) Each member of the commission bears responsibility for active participation in holding procedures for opening and record of tenders.
12) in case of absence on commission session, the Chairman or the member of the commission shall provide presence at meeting of replacement person which will participate on its own behalf.
13) the Commission is created by the decision of the Chairman of the State committee on investments and management of state-owned property of the Republic of Tajikistan for a period of one year with the right of rotation of her members.
14) the Number of members of the commission shall be odd from 3 to 9 people.
15) the structure of the commission shall include representatives:
- State committee on investments and management of state-owned property of the Republic of Tajikistan (Commission chairman, one member and responsible secretary of the Commission);
- Ministries of Finance of the Republic of Tajikistan;
- Ministries of economic development and trade of the Republic of Tajikistan;
- Agencies on public procurements of goods, works and services under the Ministry of Economic Development and Trade of the Republic of Tajikistan;
- Tax Committee of the Republic of Tajikistan;
- Ministry of Justice of the Republic of Tajikistan;
The representative of one of the industry ministries shall be one of the member of the commission on rotational conditions.
According to the proposal of the head of the relevant ministries and departments for the purpose of inclusion in structure and participations in activities of the Commission the candidate for membership in the Commission is selected from among chiefs of head department, management, departments and chief specialists.
The representative of TsUO (member of the commission) shall have the certificate of the procurement expert issued by authorized body.
16) the Procedure of opening of the envelopes which arrived on the tender with tenders is carried out on commission session in due time and in certain place according to the announcement of the tender and the tender documentation. The venue of commission sessions is the building of TsUO.
17) On the procedure of opening of tenders have the right to be present representatives of each of applicants who shall be registered in Liszt of registration of applicants, prepared by the Commission according to Appendix No. 1.
18) In the purchases provided by procedures cases, at the request of applicants, the organizer of the tender provides transfer of performances of participants of commission session into English.
19) at the beginning of the meeting the Commission chairman announces the list of the present members of the commission and the Agenda of commission session with indication of the name of tenders according to which opening of tenders is provided on this commission session.
20) Boxes with tenders are delivered to the hall of meeting by employees of TsUO before commission session. Before opening of boxes members of the commission check availability and safety of the corresponding seals.
21) Boxes are serially opened publicly at the regular meeting of the Commission and sealed by the Commission at once after extraction from it all arrived tenders.
22) Commission session, opening of boxes and tenders is carried out in the presence of at least three members of the commission.
One member of the commission (the representative of TsUO) if necessary sorts 23) After extraction from box of all tenders and groups them in the corresponding tenders.
24) tenders only according to those tenders which are included in the Agenda of this commission session, and according to which the formal written notice from the applicant of withdrawal of the tender did not arrive are subject to Opening.
Tenders according to tenders which are not included in the Agenda of this commission session, and dates of opening according to which did not come yet, are not opened.
25) the Commission seals box for tenders and lowers in it those tenders, opening term according to which did not come yet.
26) If at the regular meeting opening of tenders according to several tenders is carried out, the Commission opens tenders serially according to each tender.
27) In case when within any tender the purchase method providing the tenders consisting of the technical proposal and the financial offer which are sealed in separate envelopes to opening is used only the technical proposal is subject. The financial offer is not opened and located back in box, together with other tenders which opening term did not come yet.
These financial offers are opened at the request of the organizer of the tender on the subsequent commission sessions.
28) the Tender on participation in the specific tender is opened also if on the tender one request according to this tender is timely submitted at least.
29) the variation is not allowed by the Commission on any reasons of timely arrived tenders.
30) modification and/or amendments in tenders after the expiration of final term of their giving is not allowed.
31) intervention of the applicants or their authorized representatives who are present at commission session in activities of the Commission is not allowed.
32) On commission session before opening and record of tenders on each of tenders one member of the commission (the representative of TsUO) briefly informs attendees on rules and procedures of opening of the tenders and actions performed within the held tender including information about;
- the number of the applicants who received the tender documentation;
- holding pretender conference on explanation of provisions of the tender documentation if it was provided by the tender documentation;
- the number of timely received tenders according to each tender;
33) If after opening of box it is found out that from any applicant several envelopes, one of which contains mark about withdrawal of the tender, arrived, then the Commission opens only envelope marked about withdrawal of the tender. After opening of envelope and announcement of the written application of the applicant about withdrawal of the tender, opening of other envelopes which arrived from this applicant is not made, and all not opened envelopes return to this applicant through the organizer of the tender.
34) the Commission chairman or person determined by the Chairman from among members of the commission serially opens each tender and announces information containing in the original of the tender including:
- name of the applicant;
- the name of the country which is represented by the applicant;
- total price of the tender (if it is provided by the tender documentation);
- availability and the size of discount to the price;
- availability of mortgage providing the tender (if it is provided by the tender documentation);
and also the other information provided by the tender documentation according to this tender.
35) the Commission fixes data on tenders in strict accordance with the tender documentation and these rules, with ensuring public opening of each tender.
One copy of the tender according to this tender remains in TsUO.
The secretary of the Commission serially fills according to each tender the Control form of opening of tenders according to Appendix No. 2.
36) the Commission are not taken into account and any oral and/or written proposals and statements of applicants, concerning the tenders taking place during commission session are not fixed in documents of commission session.
37) After opening of tenders by the Commission the Minutes of the Commission on opening and record of tenders (further - the Protocol), according to Appendix No. 3 are serially drawn up separately according to each tender.
38) the Protocol is drawn up according to each tender separately in duplicate and signed by the present members of the commission. Each page of this Protocol is subject to signing.
39) the Tenders which are not opened and not read aloud on commission session cannot be taken cognizance further in this purchase under no circumstances.
40) Any member of the commission has the right to special opinion which shall be fixed in the Protocol.
41) One copy of the Minutes of the Commission with appendix of all received tenders, the filled control forms on opening of tenders, leaf of registration of applicants is transferred to the official representative of the organizer of the tender on the basis of the relevant act, according to appendix No. 4, which is signed from the Commission by the Chairman and the responsible secretary, and from the organizer of the tender - his official representative.
42) the Tenders which arrived after the expiration of deadline of their giving are not opened and transferred by the Commission to the organizer of the tender which provides return of not opened tenders to the corresponding applicants.
to Rules on opening of tenders on purchase of goods, works and services in the state investment projects
Leaf of registration of applicants
Name and project code: _________________________________
Name and number тендера:. _______________________________
Date: "__" ______.
+----+-----------------------------+-------------------+-------------- | № | Имя представителя | Название и адрес | Подпись | |п/п | | Претендента | | +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+ +----+-----------------------------+-------------------+-------------+
to Rules on opening of tenders on purchase of goods, works and services in the state investment projects
Control form of opening of tenders (It is filled for each tender as she becomes engrossed in reading)
Reference to the tender: "_____________________________________________"
Date of opening of the Tender Offer: ___________ Time: _______
Name of the applicant and country: _______________________________
_________________________________________________________________
whether (a) the external envelope of the tender, _______________ is sealed
whether (b) the tender form, _____________ is filled and signed
(c) expiry date of the tender: ______________
whether (d) there is in envelope power of attorney on the authorized person for подписания,_______________________________________________________
(e) the guarantee amount (mortgage providing) on the tender (if it is required) :_____________________________________________________
(specify currency) _________________________________________________
bank name, expiry date, seal of bank and валюта:_______________________________________________________________
(e) to describe any provided notification on "Replacement", "Response" or "Change" _______________________________________________________
_________________________________________________________________
(g) to describe any provided alternative offer: _____
_________________________________________________________________
(w) to describe any offered discounts or changes: _____________
_________________________________________________________________
(j) additional замечания:____________________________________
_________________________________________________________________
(l) First name, middle initial, last name the employee or the representative of the applicant who is present when opening предложений:_____________________________
(l) total price предложения:______________________________________ (to transfer currencies and the amounts or percent) in cursive script ____________________
Signature of the responsible secretary of the Commission: __________. date: ______
to Rules on opening of tenders on purchase of goods, works and services in the state investment projects
Minutes of the Commission on opening of tenders
No. ____________________________ "___" ____________ 20 g._
(number of the protocol is specified) (signature date of the protocol is specified) город,_____________________________________________
(the city in which the protocol is signed is specified)
SUBJECT OF THE TENDER:
(the purchased products and number are briefly described).
WERE PRESENT:
(positions, surnames, names and middle names of the members of the commission (at least three) who were present at the procedure of opening of envelopes are listed).
INVITED:
(in separate leaf of registration of the arrived representatives of applicants surnames, names and middle names, names of their organizations and their position in these organizations are entered).
LISTENED:
(surname, the name and middle name, position of the member of the commission are entered. making opening of the arrived envelopes and announcement of information containing in them).
QUESTIONS OF COMMISSION SESSION:
On the Tender it was provided tenders in sealed envelopes. Opening of envelopes was performed by members of the commission in the presence of representatives of the applicants who wished to be present at this procedure.
Date and time of the beginning of the procedure of opening of envelopes with Tenders: (time and date when the procedure of opening of envelopes with Tenders in format "hour, minutes, day was begun is specified. month, year"). The venue of the procedure of opening of envelopes with Tenders: (the address and the specific place to this address where the procedure of opening of envelopes with Tenders is carried out is specified).
Each of the received envelopes at the time of its opening was sealed and its integrity was not broken, what was shown to the being present applicants (if other takes place to specify). In envelopes Tenders of the following applicants are found:
+-----+-------------------------+------------------------+------------ | п/п |Наименование претендента,| Общая цена | Примечания| | | страна | предложения на участие| | | | | в тендере | | +-----+-------------------------+------------------------+-----------+ +-----+-------------------------+------------------------+-----------+ +-----+-------------------------+------------------------+-----------+ +-----+-------------------------+------------------------+-----------+ +-----+-------------------------+------------------------+-----------+ +-----+-------------------------+------------------------+-----------+ +-----+-------------------------+------------------------+-----------+ +-----+-------------------------+------------------------+-----------+ +-----+-------------------------+------------------------+-----------+
Special marks (are filled in case of their availability).
_________________________________________________________________
_________________________________________________________________
Signatures:
Commission chairman
Responsible secretary
Commissions Members of the commission:
to Rules on opening of tenders on purchase of goods, works and services in the state investment projects
The acceptance report - document transfers of commission session on opening of tenders on purchase of goods, works and services in the state investment projects
Dushanbe "___" _____________ 201
We are the undersigneds, representatives of the Commission on opening of tenders on purchase of goods, works and services in the state investment projects (further the Commission), on behalf of the Chairman and the responsible secretary _________________, with one and the parties, ______________________________ (first name, middle initial, last name, position, the organization) (further the Official representative of the organizer of the tender), on the other hand, drew up this statement for the purpose of confirmation of the fact of acceptance and transfer of the documents below of commission session from "____" _____ 20 __ years.
The commission transferred, and the official representative of the organizer of the tender received the following documents:
1. The minutes of the Commission on opening of tenders in the original on ____ p.;
2. On ______ erased the filled control forms of opening of tenders in the original in quantity _____.;
3. Leaf of registration of applicants according to the tender in the original for p.;
4. Tenders from the following applicants:
+-----+-----------------+------------+------------+------------------- | № | Наименование | Кол-во | Кол-во | Примечание | | п/п| претендента | оригиналов | копий | | | | | тендерных | тендерных | | | | | заявок | заявок | | +-----+-----------------+------------+------------+------------------+ +-----+-----------------+------------+------------+------------------+ +-----+-----------------+------------+------------+------------------+
Signatures:
Председатель:___________________________________________________
Responsible secretary: _______________________________________
Official representative of the organizer of the tender __________________
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