the same year and the General Budget Manager, in turn, shall submit report to the
state central administrative body in charge of budget matters within 15 January of
the subsequent year.
49.6. The member of the Government in charge of budget matters shall
approve the procedure for reporting.
49.7. The state central administrative body in charge of budget matters
shall sum up report of procurement procedures submitted pursuant to 49.5 of this
law and report to the Government in the first quarter of the subsequent year.
49.8. The Government shall include the results of Government
procurement in the report of budget implementation of each year.
Статья 50. Obligations of Civil Servants Participating in Procurement
Процедуры
50.1. The civil servants participating in procurement procedures with the
duties such as to plan, prepare, carry out and supervise shall have the following
обязанности:
50.1.1. To create conditions for fair competition;
50.1.2. To respect the state interests;
50.1.3. To not make or receive illegal proposals for private benefit;
50.1.4. In case where tender participant is the civil servant's family
member or employment of tender participant's family member in the tender
participant-legal entity or other circumstances creating possible conflict of
interests inform the immediate supervising official and refrain from participating in
the organizing of the given tender procedure;
50.1.5. To immediately inform the immediate supervising official and
law-enforcement authorities in the cases if tender participants attempt to influence
tender results by proposing a bribe or exerting pressure.
- 27 - Страница 28
Неофициальный перевод
Статья 51. Registration System
51.1. In order to increase the number of tender participants, to encourage
competition, to provide customer with information, the relevant state central
administrative body shall keep a registry and create a database of the legal
entities and citizens interested to participate in the procurement procedures
pursuant to the rules prescribed by this Law.
51,2. The Member of Government in charge of budget matters shall
approve the procedure of keeping the registry specified in 51.1 of this Law.
51,3. Legal entities and individuals may at any time make requests for
registration along with information on the areas of activity and experiences to the
registration body personally or through representatives.
51.4. The fact of inclusion or non-inclusion in the registry shall not affect
the right of the person interested to participate in tender according to the
procedures prescribed by this Law.
51.5. When using special tender procedure and inviting a fixed number of
participants customer may request information on the registered legal entities and
физических лиц.
51.6. The registry shall satisfy the following common requirements:
51.6.1. Be based on the capability criteria set forth in Articles 14-16
of this Law;
51.6.2. Provide equal conditions to all the persons wishing to be
included in the registry;
51.6.3. The request to be included in the registry shall be in writing;
51.6.4. Pursuant to requests of the registered persons, appropriate
amendments or modifications shall be made to the registry each time;
51.6.5. The interested persons shall have access to the registry;
51.6.6. The decision regarding a request to be included in the
registry shall be made within 1 month.
51.7. The registration body may require clarifications to the request and
additional explanations or clarifications from legal entities, individuals or their
представителей.
51.8. The registration body shall observe the following procedure when
keeping the registry:
51.8.1. define capabilities of tender participants with respect to each
matter in own charge;
51.8.2. Pursuant to 51.8.1 of this Law, upon clarification of
assessment criteria of capabilities, announce registration in a national daily
газеты.
51.9. In defining criteria of capabilities professionals in the given field or
consultants selected as provided in this law may be involved.
51.10.
In case the registration body refuses to accept request for
registration, or for amendments to the registry the registration body shall give
written explanation of the grounds for such refusal.
- 28 - Страница 29
Неофициальный перевод
Статья 52. Powers of State Central Administrative Body In Charge Of
Budget Matters
52.1. Pursuant to this Law, the state central administrative body in charge
of budget matters shall be in charge of the state procurement policies, matters
related to its methodology and oversight and shall exercise the following powers:
52.1.1. To develop proposals for improvement of the procurement
legislation;
52.1.2. To provide customer with the advice on professional and
methodological matters related to procurement;
52.1.3. To draft procurement related rules, procedures, instructions,
methodologies and model documents and approve them, if conferred such power
by law;
52.1.4. To annually report to the Government the implementation of
the procurement legislation;
52.1.5. To oversee and assess customer's observance of relevant
procurement procedures;
52.1.6. To sum up the reports received from customer, to create and
keep unified nation-wide database of procurement procedures and prepare
general statistics and information;
52.1.7. Pursuant to this Law to dispose complaints of tender
participants;
52.1.8. To provide law-enforcement authorities at their requests with
recommendations and explanations
on particular matters regarding
implementation of this Law;
52.1.9. To review the proposals submitted pursuant to 53.1 of this Law
and give approvals to award contracts;
52.1.10. To train the experts specified in the Article 55 of this Law and
keep their registry;
52.1.11. Jointly with the state central administrative body in charge of
education matters to set up the level, quality and standards of training in
procurement procedures and support and assist in conducting trainings;
52.1.12. To maintain a website with the purpose to provide the public
with news and information on procurement procedures and announce results
thereof, to define methods and forms of placing tender invitation and other
information on such website;
52.1.13. To cooperate in procurement procedures with international
institutions and other foreign organizations, plan and coordinate technical
assistance rendered therefrom in the concerned field;
52.1.14. to keep registry of persons with restricted rights to participate
in tender as referred to in 14.5 of this Law, to control and inform;
52.1.15. Other powers conferred bylaw.
52,2. The state central administrative body in charge of budget matters
shall define conditions and procedures for introduction of information technology
and electronic devices into procurement procedures.
- 29 - Страница 30
Неофициальный перевод
Статья 53. Permission of the State Central Administrative Body In
Charge Of Budget Matters
53.1. Customers other than those specified in 4.1.2 of this Law shall
obtain permission from the state central administrative body in charge of budget
matters prior to announcement and award of contract of procurement of goods,
works or services with price exceeding the base price set forth in 8.1.4 of this Law.
53.2. Pursuant to 53.1, customer shall furnish the following information
when requesting permission:
53.2.1. Prior to announcement of procurement, deliver draft tender
documents and draft preliminary selection documents to the state central
administrative body in charge of budget matters;
53.2.2. After assessment conclusion is made, the draft decision to
award contract, draft contract, assessment conclusion, minutes of tender opening,
and draft decision of preliminary selection, if such was carried out;
53.2.3. Grounds specified in 49.2 of this Law;
53.2.4. Other information the state central administrative body in
charge of budget matters deems necessary.
53,3. The state central administrative body in charge of budget matters
shall issue to customer in writing the following permissions related to procurement
процедуры:
53.3.1. To announce tender;
53.3.2. To award contract;
53.3.3. To announce preliminary selection;
53.3.4. To approve selected persons and to invite them to tender.
53,4. The state central administrative body in charge of budget matters
shall review request within 5 working days from receipt and make one of the
following decisions, based on the documents, information and other clarifications
received from customer:
53.4.1. To give the permission specified in 53.3 of this Law to
customer, if the tender satisfies the requirements of this Law and related
procedures;
53.4.2. To make the decision specified in 5.3.1-55.3.3 by stating
appropriate reasons, if breach of this Law or other related procedures and
instructions adopted in conformity with this Law is proved.
53.5. In case the decision specified in 53.4.2 is made customer shall
remedy the previous breach and obtain permission anew according to the
procedure specified in 53.1 and 53.3 of this Law.
Глава седьмая
DISPUTE SETTLEMENT AND REMEDIES
Статья 54. Making Complaints to Customer and Disposing them
54.1. In the event tender participant believes customer is in breach of the
duties related to tender within 5 working days from becoming aware of such
breach may submit a written complaint to customer with documentary evidence
прилагается.
- 30 - Страница 31
Неофициальный перевод
54.2. Customer shall notify all tender participants about the content of
complaint and invite to participate the tender participants whose interests may be
affected by any relevant decision.
54.3. Non - participation in the disposition of the complaint of participant
specified in 54.2 of this Law shall deprive such participant from the right to make
|
Из за большого объема этот материал размещен на нескольких страницах:
1 2 3 4 5 6 7 8 9 |
