In certain cases, foreign suppliers may be exempted from the obligation to provide performance and advance guarantees.
Modern.az reports that the issue was reflected in the amendment to the "Law on Public Procurement" discussed at today's meeting of the Milli Majlis Committee on Economic Policy, Industry and Entrepreneurship.
According to the amendment, in cases where the single-source procurement method is applied, non-resident legal or natural persons will be able to apply to the procurement commission, justifying that it is not possible for them to provide performance or advance guarantees. Based on these applications, the relevant state p will decide whether to exempt the supplier from performance or advance guarantees or to refuse it.
According to the project, if such a decision is made, non-resident suppliers will be exempted from the obligation to provide performance and advance guarantees stipulated in the law. If a contract is re-concluded with the same supplier for the same procurement subject within 12 months, there will be no need to obtain the same decision again.
The reference attached to the draft law states that currently, in cases where it is not possible to obtain performance or advance guarantees from foreign suppliers, the state treasury cannot make payments under those contracts. As a result, problems arise in the fulfillment of state institutions' obligations related to the procurement of goods, works and services from abroad. The purpose of the proposed changes is to eliminate this legal gap and solve the difficulties arising in the implementation of public procurement.
