1. PUBLIC PROCUREMENT SYSTEM IN TAJIKISTAN RAVSHAN KARIMOV AGENCY FOR PUBLIC PROCUREMENT UNDER THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

2. LEGAL FRAMEWORK OF PUBLIC PROCUREMENT SYSTEM  LAW ON PUBLIC PROCUREMENT (2006, with the WORLD BANK assistance)  PROVISIONS AND GUIDELINES ON LAW’S APPICATION  (2007-2008)  RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN from JULY 1, 2007 No.319 “ON THE ESTABLISHMENT OF QUALIFICATION COMISSION FOR AWARDING THE STATUS OF “QUALIFIED PROCUREMENT ORGANIZATION”  RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN from OCTOBER 2, 2010 No.500 “ON APPROVAL OF BID OPENING PROCEDURES FOR PROCUREMENT OF GOODS, WORKS, SERVICES UNDER PUBLIC INVESTMENT PROJECTS IN THE REPUBLIC OF TAJIKISTAN”

3. LEGAL FRAMEWORK OF PUBLIC PROCUREMENT SYSTEM ANNUAL ESTABLISHMENT OF MAXIMAL AND MINIMAL PROCUREMENT THRESHOLD In 2010:  Minimal procurement threshold: for goods – 1600 US for works and services – 2280 US  Maximal procurement threshold: 17120 US In 2011: 12% increase considering the GDP deflator

4. LEGAL FRAMEWORK OF PUBLIC PROCUREMENT SYSTEM PROCUREMENT METHODS √bidding with unlimited participation √bidding with limited participation √request for quotations √shortlist √sole source procurement √electronic procurement Except for bidding with unlimited participation, selection of methods, above maximal amount of procurement is agreed with the authorized body

5. Agency for public procurement of goods, works and services under the Government of RT  The Agency was established in 1998  In 2001, it was abolished and then formed under the Ministry of economy and trade  In 2008, it was restructured by adding functions related to organizing stock- exchange activities  In 2010, it was reorganized into the Agency under the Government of RT, excluding the functions related to organizing stock-exchange activities  The Agency consists of 5 departments, 2 sectors and 5 regional representative offices  3 departments – procurement department that uses funds from national budget, procurement department that uses funds from local budget and department for procurement of goods and services, as well as all regional representative offices directly deal with organizing and conducting procurement on behalf of those organizations that do not have the status of “qualified procurement organization”

6. Agency for public procurement under the Government of RT FUNCTIONS AND AUTHORITIES  Implementation of public policy in public procurement (Ministry of economic development and trade is responsible for policy development)  Development of regulatory and legal documents  Training and re-training of procurement specialists  Arrangement of joint procurement on behalf of organizations that do not have the status of “qualified procurement organization”  Decentralization of public procurement  Supervision and monitoring of compliance with legislation  Advisory assistance

7. DISTRIBUTION OF AUTHORITIES IN PUBLIC PROCUREMENT SYSTEM AGENCY FOR PUBLIC PROCUREMENT ORGANIZING JOINT BIDDING COMISSIONS FOR PROCUREMENT ON BEHALF OF ORGANIZATIONS THAT DO NOT HAVE A STATUS OF “QUALIFIED PROCUREMENT ORGANIZATION” AGENCY ON INVESTMENT AND MANAGEMENT OF PUBLIC PROPERTY COORDINATION OF PROCUREMENT WITH USE OF CREDIT AND GRANT FUNDS ORGANIZATION WITH “QUALIFIED PROCUREMENT ORGANIZATION” STATUS INDEPENDENT PROCUREMENT

8. QUALIFIED PROCUREMENT ORGANIZATION  Qualification commission for awarding the status of qualified procurement organization under the Government of RT  Specific list of requirements for obtaining the status  Making relevant decision not later than 1 month  Mandatory availability of procurement specialist trained in the Agency for public procurement with award of certificate  Reevaluation of procurement specialist (once in 2 years)  Possibility of disqualification

9. QUALIFICATION COMMISSION UNDER THE GOVERNMENT OF RT FOR AWARD OF QUALIFIED PROCUREMENT ORGANIZATION STATUS Commission Chair Deputy Minister of economic development and trade Deputy Chair of Commission Deputy Minister of Justice Commission Members (6) Representatives of the ministries and agencies Secretary of Commission Representative of the Agency for public procurement

10. DISTRIBUTION OF PROCUREMENT IN 2010 JOINT BIDDING COMMISSIONS THROUGH THE AGENCY Q-ty/ million US dollars Unit weight on the system (in %) Biddings 450096,4 Contracts 124,564,7 INDEPENDENT PROCUREMENT CONDUCTED BY QUALIFIED PROCUREMENT ORGANIZATIONS Q-ty/ million US dollars Unit weight on the system (in %) Biddings 1643,6 Contracts 68,035,3

11. PROCUREMENT SCHEME THROUGH THE AGENCY Arrangement and conducting joint procurement (providing majority of seats in tender commission to the procurement organization) Approval of minutes with recommendation for contract award Application submission to the Agency by the procurement organization

12. LEGISLATIVE REFORMS Draft on incorporation of amendments to the Law on Public Procurement initiated by the Ministry of Economic Development and Trade  Exclusion of benefits to local suppliers/contractors (requirement for affiliation to WTO)  Exclusion of all agreements with the Agency for public procurement on selection of procurement method  Exclusion of Agencies authorities on conducting procurement on behalf of organizations that do not have the status of “qualified procurement organization”  Determining a specific list of cases in which the use of “request for quotations” method is allowed with fivefold excess of procurement amount over maximal threshold amount Draft on incorporation of amendments to the Law on Public Procurement initiated by the Agency for construction and architecture  Provision of procurement organization and contractors the right to make amendments to the volume and cost of works on contract due to the price changes and revealing additional volume of work  Provision of bidding commission the right to decline the proposals due to decrease of the cost of proposal for more than 10% from the cost of design estimates  Taking into account the changes of the national currency exchange rate, prices and taxes

13. TASKS AHEAD  AGENCY’S CAPACITY BUILDING ON TRAINING AND RE-TRAINING OF SPECIALISTS  DEVELOP SEPARATE GUIDELINES FOR PUBLIC ENTERPISES AND JOINT-STOCK COMPANIES WITH GOVERNMENT SHARE OF MORE THAN 50 PERCENTS AND THEIR INVOLVEMENT IN BIDDING PROCEDURES  BRINGING THE CONTENT AND FORMAT OF THE AGENCY’S WEBSITE INTO COMPLIANCE WITH NEW REQUIREMENTS, APPROVED BY THE GOVERNMENT RESOLUTION FROM APRIL1, 2011  EXPLORING THE EXPERIENCE OF COUNTRIES THAT INTRODUCED THE SYSTEM OF ELECTRONIC BIDDING AND DRAFTING PROPOSAL TO THE STATE COMMITTEE ON INVESTMENT FOR RECEIVING RELEVANT GRANT

14. DECENTRALIZATION (2008-2011) COMISSION UNDER GOVERMENT Public enterprises and joint-stock companies with government share of more than 50 % No enterprises and joint-stock companies Local level 3 local executive bodies of state power National level 8 ministries 1 State committee 1 university 1 institution 2008200920102011Всего 614314

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