Cabinet of Ministers of Nakhchivan: State bodies must ensure that procurement is carried out in accordance with the law – News | Latest News | Latest News
In recent times, the state bodies (institutions) of the Nakhchivan Autonomous Republic have requested the Cabinet of Ministers of the Nakhchivan Autonomous Republic to provide appropriate assistance in order to purchase goods (works and services) outside of the procurement methods established by legislation or from a single source.
According to the information provided by the press service of the Cabinet of Ministers of the Nakhchivan Autonomous Republic to the local bureau of “Report”, in this regard, the Prime Minister of the Autonomous Republic Sabuhi Mammadov has addressed a letter to the heads of state bodies regarding the provision of procurement activities in accordance with the law.
In the letter, it was stated that during the examination of the appeals, most of them were unfounded and at the same time contradicted the requirements of the relevant legislation. Conducted research shows that the occurrence of such cases is mostly caused by negligence in the relevant field by purchasing organizations, failure to take timely measures for the selection of goods (works and services) to be purchased, failure to organize procurement procedures in accordance with the procurement plan, or failure to plan public procurement in general. is connected.
Note that according to the interpretation of Article 1.1 of the Law of the Republic of Azerbaijan “On State Procurement”, except for the cases specified in Articles 1.2 – 1.7 of this Law, state enterprises and organizations, enterprises and organizations with a share of the state in the charter fund of 30 percent or more purchase of goods (works and services) with state funds, loans and grants received by the state and obtained with state guarantees only by the methods specified by this Law (open tender, two-stage tender, limited participation and closed tender, request for proposals, request for quotations and methods of procurement from a single source with) is carried out.
Pursuant to Article 21.1 of the Law, the purchasing organization shall, subject to the approval of the relevant executive authority, purchase the purchased goods only at any specific consignor (contractor) or if any specific consignor (contractor) has special rights over those goods (works and services). , when there is no substitute and alternative for them, when there is an urgent demand for goods (works and services) and it is not appropriate to conduct tender procedures or use any other method of procurement, as well as when it is impossible to foresee the circumstances that led to the urgency of the demand, or these circumstances if there is no delay of the procuring organization, when there is an urgent demand for those goods (works and services) due to emergency situations, and if the use of other methods of procurement is not appropriate in terms of the time to be spent on them, it may use the method of procurement from a source in accordance with Article 50 of the aforementioned Law.
In order to prevent the cases of negligence and imprudence listed above, most importantly, to determine the demand for necessary goods (works and services) and the name, volume, quantity and size of the goods (works and services) to be purchased in order to use the state budget funds efficiently and economically. , procurement sequence, division by calendar year and correct selection of procurement method, procurement plan preparation and procurement of goods (works and services) procurement procedure should be organized in coordination with the Ministry of Economy of Nakhchivan Autonomous Republic and each state body (institution) procurement activity must ensure its implementation in the appropriate direction and in accordance with the law.
Source:Report