Section XXII

 

STATE (MUNICIPAL) PROCUREMENT

 

Article 88

 

Objectives and Principles of Regulation

 

in the Sphere of State (Municipal) Procurement

 

 

1. The Member States hereby set out the following objectives and principles of regulation in the sphere of state (municipal) procurement

 

(hereinafter “procurement”):

 

regulation of relations in the sphere of procurement through the legislation of a Member State on procurement and international treaties of the Member States;

 

ensuring optimal and most efficient expenditure of funds used for procurement in the Member States;

 

providing the Member States with national treatment in the sphere of procurement;

 

inadmissibility of provision of more favourable treatment in the sphere of procurement to third countries as compared to the Member States;

 

ensuring disclosure and transparency of procurement;

 

ensuring unhindered access of potential suppliers and suppliers of the Member States to the participation in procurement procedures conducted in an electronic format by mutual recognition by a Member State of digital signatures made in accordance with the legislation of another Member State;

 

 

 

ensuring availability of competent regulatory and supervisory authorities of the Member States in the sphere of procurement (both functions may be exercised by a single authority);

 

determining liability for violation of the procurement legislation of the Member States;

 

development of competition, as well as the fight against corruption and other abuses in the sphere of procurement.

 

Ȁ⸀ĀᜀĀᜀ        This Treaty shall not apply to procurement procedures the details of which, in accordance with the legislation of a Member State, constitute a State secret.

 

Ȁ⸀ĀᜀĀᜀ        All procurement in the Member States shall be carried out in accordance with Annex 25 to this Treaty.

 

Ȁ⸀ĀᜀĀᜀ        This Section shall not apply to procurement procedures carried out by national (central) banks of the Member States subject to the provisions of indents 2-4 of this paragraph.

 

National (central) banks of the Member States shall carry out procurement procedures for administrative and economic purposes, as well as for construction and repairs, in accordance with their internal procurement

 

rules (hereinafter “the procurement clause”). The procurement clause shall not be contrary to the purposes and principles set out in this Article; in particular, the regulations shall ensure equal access for potential suppliers of the Member States. In exceptional cases, exceptions to the above principles may be determined by decision of the supreme authority of a national (central) bank.

 

The procurement clause shall contain procurement requirements, including the procedure for the preparation of and holding all procurement

 

 

 

procedures (including the procurement methods) and their application conditions, as well as the procedure for concluding agreements (contracts).

 

The procurement clause and information on procurement procedures planned and implemented by national (central) banks of the Member States shall be posted on the official websites of national (central) banks of the Member States on the Internet in the procedure determined by the procurement clause.