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PPT, Armenia, Third ENP East public procurement conference, Tbilisi, 6 November 2019

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PPT, Armenia, Third ENP East public procurement conference, Tbilisi, 6 November 2019

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PPT, Armenia, Third ENP East public procurement conference, Tbilisi, 6 November 2019

  1. 1. Public Procurement Review System in the Republic of Armenia
  2. 2. “The people shall exercise their power through free elections, referenda, also through state bodies, local self-government as well as public officials as stipulated by the Constitution.” Article 2 of the RA Constitution Armenian state agencies Independent state agencies articles 173, 194, 196, 198 Autonomous state agencies article122 Public administration agencies article159
  3. 3. RA Law "On Public Administration Bodies" • Public administration bodies are ministries, also bodies subordinate to the Government, the Prime Minister and ministries. • The procurement-related review entity is a public administration body subordinate to the Ministry. Decree of the RA Government N 580-A dated 05/22/2018 • The procurement-related review entity is a public administration body subordinate to the Ministry of Finance RA Government decree N 567-N dated 05/17/2018 • Stipulated the number of persons reviewing procurement complaints as two persons. Decree of the RA MoF N 600-N dated 12/06/2018 • Approved the procedure for the activities of procurement-related review entities.
  4. 4. Submission of Procurement Complaints to the Review Entity •actions (inaction) and decisions of the contracting authority and the evaluation committee •Article 46, para. 3, RA Law On Procurement Subject of Review •prior to contract award •Article 46, para. 3, RA Law On Procurement Term of Review •according to the civil (and not administrative) law of the Republic of Armenia •Article 46, para. 2, RA Law On Procurement Legal regulation
  5. 5. Guarantees of the Review Entity's independence A procurement-related review entity shall be an unbiased and independent review body, uninterested in the results of a specific procurement process and protected from external influences in the performance of its duties and rights. Article 47, para. 2, RA Law On Procurement The procurement-related review entity shall review complaints with due care and impartiality. Article 47, para. 2, RA Law On Procurement In the exercise of its authority, the procurement-related review entity, independently of the procurement process participants, including contracting authorities, also public agencies, local self-government as well as officials, shall be guided by, and apply, exclusively the RA procurement legislation. Article 47, para. 2, RA Law On Procurement Decisions of procurement-related review entities shall be legally binding and may be amended or canceled, also in part, exclusively by court. Article 50, para. 6, RA Law On Procurement
  6. 6. Review in Court Everyone has the right to effective judicial protection of their rights and freedoms. Article 61 of the RA Constitution Protection of civil rights in accordance with the jurisdiction of cases as established by the Civil Procedure Code of the Republic of Armenia is provided by court. Article 13 of the RA Civil Procedure Code Everyone in accordance with this Law has the right to appeal in court against actions (inaction) and decisions of the Purchase Review Council, the contracting authority and the evaluation committee. Article 46, para. 3, RA Law On Procurement
  7. 7. 117 66 35 16 19 241 113 84 44 19 ВСЕГО ЖАЛОБ УДОВЛЕТВОРЕННЫЕ ОТКЛОНЕННЫЕ ОСТАВЛЕННЫЕ БЕЗ РАССМОТРЕНИЯ ОБЖАЛОВАННЫЕ В СОДЕБНОМ ПОРЯДКЕ Cases Reviewed out of Court in 2017-2018 2017 2018 Total complaints Satisfied Rejected Disregarded Taken to Court
  8. 8. The need of introducing relevant amendments to the Civil Procedure Code of the Republic of Armenia is currently discussed, which would permit a special judicial procedure for considering procurement-related cases. Benefits of the regulation The special procedure for case consideration would significantly shorten proceedings related to procurement cases. Unlike decisions of officials considering procurement- related complaints, court decisions are subject to enforcement under the RA Law “On Enforcement of Judicial Acts”. The judicial review procedure ensures compliance with the principle of legal certainty.

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