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Economy 08/10/2020 Draft Law of Uzbekistan "On public procurement" in the new edition developed
Draft Law of Uzbekistan "On public procurement" in the new edition developed

Tashkent, Uzbekistan (UzDaily.com) -- In order to ensure the implementation of Presidential Decree from 13 August 2019, with the support of the Asian Development Bank and the World Bank, a working group has been created consisting of international consultants (experts) attracted by the Ministry of Finance and specialists (representatives) profile ministries and departments, a new edition of the Law of the Republic of Uzbekistan "On public procurement" has been developed.

The draft law is based on best practices and international experience in the field of public procurement, including the main provisions of the model law of the United Nations Commission on International Trade Law (UNCITRAL), recommendations of the OECD, and also studied the best practices and features of the procurement process of each of the studied countries

In order to ensure openness and transparency in the field of public procurement, improve procurement procedures by creating convenience and wide opportunities for participants in public procurement, the following key innovations are included in the bill:

in order to expand the coverage of government customers in the field of public procurement, participation in public procurement as corporate customers of business entities and enterprises of strategic importance, for which a special procedure for public procurement has been established;

in order to create a wider competitive environment between operators of a special information portal for public procurement, increase the number of operators of a special information portal for public procurement and create a competitive environment through it between operators, which will ensure favorable conditions and high-quality services for participants in public procurement;

in order to ensure the implementation of public procurement in the shortest possible time, the following deadlines for operations are established: electronic market - one working day (forty-eight hours in the current version), auction - at least five working days (at least ten days in the current version), selection - not less than five working days (the tender in the current version is not less than ten days) and the tender - not less than fifteen working days (the tender in the current version is not less than thirty days);

in order to increase the ability of government customers to choose the types of procurement procedures, the procurement criteria for the electronic market, auctions and selection were coordinated, that is, they were brought to twenty-five thousand sizes of the base calculated value (for budget customers up to six thousand sizes of the base calculated value);

in order to electronicize the mechanisms of public procurement, in accordance with the established procedure, it is planned to conduct a tender (selection) in electronic form;

In order to ensure openness and transparency in the field of public procurement, participants in procurement procedures and executors of public procurement are obliged to open their founders and beneficial owners.

In order to ensure further improvement of the quality of purchased goods (works, services), a unified national classifier of goods (works, services) is being introduced.

It should be noted that in order to establish responsibility for violation of public procurement legislation for compliance by public procurement entities and their officials with public procurement legislation in accordance with this Law and other acts of public procurement legislation and fulfillment at the required level of contractual obligations in the Code of the Republic of Uzbekistan on administrative responsibility, the corresponding norms are introduced.

In particular, it is noted that today information on public procurement is subject to publication and dissemination in the State language in accordance with the Law of the Republic of Uzbekistan “On the State Language”.

Also, in order to eliminate corruption situations in public procurement, an affiliated person of a participant in the draft law and a participant in procurement procedures cannot participate in public procurement tenders in one lot.

In cases where close relatives of a participant and (or) an authorized representative of this participant have the right to make a decision on the choice of a contractor or represent a state customer or a specialized organization involved by him, a restriction is established on participation in public procurement. Thanks to this, the prevention of unfair competition is achieved.

Currently, unfortunately, most of the public procurement is carried out without the use of an information and communication system, which ensures their openness and transparency.

Through all types of procurement procedures, the creation of the possibility of conducting public procurement in electronic form will contribute to greater openness and transparency in the field, the development of a competitive environment, the reduction of the human factor and the prevention of corruption.

In addition, the implementation of the bill will contribute to improving the country’s assessment in international rankings, including monitoring the OECD’s anti-corruption action plan, the international assessment of the effectiveness of public financial management (PEFA) and will have a beneficial effect on attracting foreign investment, increasing the country’s prestige on a global scale.

Taking into account the relevance and importance of this document, the draft law has been agreed with more than 30 ministries and departments, including strategically important business companies and companies.

We believe that the adoption of this document will create a basis for ensuring greater openness and transparency in the field of public procurement, as well as conditions of broad competition.

 

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