In order to provide application of the Law of the Republic of Azerbaijan “On public procurements” and in connection of coming of this Law into effect, I hereby decree:
1. To charge the Cabinet of Ministers of the Republic of Azerbaijan within one month:
- to submit to the President of the Republic of Azerbaijan proposals on bringing of current legislative acts in accordance with the Law of the Republic of Azerbaijan “On public procurements”;
- to provide bringing of regulations of the Cabinet of Ministers and respective central executive authorities in accordance with this Law and inform the President of the Republic of Azerbaijan about it;
- to prepare and submit to the President of the Republic of Azerbaijan draft legislative act setting types of responsibility for violation of the Law of the Republic of Azerbaijan “On public procurements”;
- to set and approve volume and application procedure of benefits in accordance with article 36.10 of the Law of the Republic of Azerbaijan “On public procurements”;
- to approve sample of final protocol of tender commission in accordance with article 37.6 of this Law;
- to prepare and approve sample of procurement contract on goods (works and services) in accordance with article 40.11 of this Law;
- to determine and approve calculation method of impact of changes in prices of goods (works and services) to procurement contract in accordance with article 51.2 of this Law;
- to submit to the President of the Republic of Azerbaijan for approval draft new Provisions on State agency of the Republic of Azerbaijan on procurement due to making changes in its functions;
- to solve other issues arising from the Law of the Republic of Azerbaijan “On public procurements” within its competency.
2. To determine that:
- all public procurements in volume of 250 (two hundred and fifty) million manat and more shall be carried out through tender;
- powers of "respective executive authorities" provided for in articles 4.1.1 and 4.1.6 of the Law of the Republic of Azerbaijan “On public procurements” shall be carried out by the President of the Republic of Azerbaijan and Cabinet of Ministers of the Republic of Azerbaijan;
- powers of "respective executive authorities" provided for in articles 11.5, 36.10, 37.6, 40.11, 44.2 and 51.2 of this Law shall be carried out by the Cabinet of Ministers of the Republic of Azerbaijan;
- powers of "respective executive authorities" provided for in article 23.2 of this Law shall be carried out by Ministry of Finances of the Republic of Azerbaijan, Ministry of Economic Development of the Republic of Azerbaijan and respective central executive authorities relating to subject of tender;
- powers of "respective executive authorities" provided for in articles 17.1, 20.1 and 41.2 of this Law shall be carried out by Ministry of Finances of the Republic of Azerbaijan;
- powers of "respective executive authority" provided for in name of article 4, articles 4.1, 4.2, 11.2, 12, 17.3, 21.1, 27.4, 37.5, 38.2, 40.6, 41.3, 42.1.19, 57.1, 57.2, 57.3, 57.4, 58.1, 58.3 and 59.3 of this Law shall be carried out by State agency of the Republic of Azerbaijan on procurement.
3. Decree of the President of the Republic of Azerbaijan "On approval of Provisions on procurement of goods (works and services) by budget organizations" No. 524 of 19 December 1996 shall be considered null and void.
4. This Decree takes effect from the day of its publication.
| The President | of The Republic of Azerbaijan | Heydar Aliyev |
Baku, 29 January 2002. No. 668