The Milli Majlis has approved in the first reading provisions establishing separate procurement rules for purchases made by certain legal entities using other financial resources, as well as requiring procurement contracts to be formalized electronically, except where the supplier is a non-resident.
Operative Information Center-OMM reports that a draft law amending the “Law on Public Procurement” was discussed at today’s first meeting of the autumn session of parliament.
The proposed amendments are primarily aimed at removing from the scope of the law procurements carried out by the legal entities listed in subparagraph 3.2.8-1 using financial resources other than specified sources.
New Article 3.2.8-1 covers procurements by the body or institution designated by the relevant executive authority, state enterprises transferred to its management, commercial companies with state participation and public legal entities. The exception also applies to procurements made in proportion to the participation shares of legal entities founded by, or in which these entities participate. The non-application of the law is conditional on the procurements being financed from other financial resources. This exception does not apply when procurements are financed by the state budget or the budget of the Nakhchivan Autonomous Republic, including targeted budget funds, budget loans, subsidies, loans obtained under a state guarantee, state grants, aid or funds of extra-budgetary state funds.
The proposed amendment to Article 3.2.8 provides for excluding the legal entities referred to in Article 3.2.8-1 from the scope of Article 3.2.8 and defining them as a separate category. Under new Article 3.10-1, the procedure for these legal entities to purchase goods, works or services will be approved by the body or institution designated by the relevant executive authority. Contracts for procurements covered by Article 3.2.8-1 must be concluded and sent electronically through the information system. Cases in which the winning supplier is a non-resident, as well as procurements specified in Article 15.3 of the law, are exempt from this electronic requirement.
Following discussions, the bill was put to a vote and adopted in the first reading.
