What is public procurement?

1. What is the role of the State Service for Antimonopoly and Consumer Market Control in public procurement oversight?
2. Where can I get information about state procurements?
3. How can entrepreneurs participate in public procurement?
4. What should I do if I am dissatisfied with the procurement process or outcome?

1. What is public procurement?

Public procurement is the acquisition of goods (works and services) using state funds through methods specified by the Law of the Republic of Azerbaijan "On Public Procurement."

2. What is the role of the State Service for Antimonopoly and Consumer Market Control in public procurement oversight?

As part of the Ministry of Economy of the Republic of Azerbaijan, the State Service for Antimonopoly and Consumer Market Control implements state policy in the procurement of goods, works, and services using state funds. For this purpose, the State Service:

• Participates in the creation and improvement of the legal framework regulating public procurement in Azerbaijan;
• Monitors the legality of competitive procurement and contract execution, investigates disputes, suspends procurement procedures for up to 7 (seven) banking days if legislative violations are detected, and, if necessary, raises the issue of canceling the tender results with the purchasing organization;
• Provides methodological and organizational assistance to purchasing organizations on the organization and execution of public procurements, offers advice, conducts courses to enhance the qualifications of specialists, organizes seminars and conferences, and prepares relevant instructional materials;
• Determines the rules for preparing reports on public procurement, ensures the public dissemination of legal acts, documents, and information regulating public procurement;
• Prepares annual reports on public procurement and submits them to relevant executive authorities;
• Manages the official public procurement website, where announcements about public procurement tenders, proposals, requests for quotations, and their results are posted;
• Provides methodological assistance and advice to purchasing organizations and consignors on using the unified internet portal for public procurement;
• Takes measures to protect the security of information resources available on the unified public procurement portal.

 3. Where can I get information about state procurements?

 Announcements on competitive procurements, results, and information on concluded contracts are available on the unified public procurement portal (etender.gov.az).

 4. How can entrepreneurs participate in public procurement?

Entrepreneurs can participate in public procurement according to the procedure and conditions specified in the Law of the Republic of Azerbaijan "On Public Procurement" and the basic conditions set out for requests for quotations or proposals.

 5. What should I do if I am dissatisfied with the procurement process or outcome?

An entrepreneur dissatisfied with the procurement process or result must first submit a complaint to the head of the purchasing organization within 15 (fifteen) banking days of learning about the issue, or before the purchase contract is finalized. The head of the purchasing organization must issue a written decision within 20 (twenty) banking days (ten banking days in the case of electronic procurement), explaining the reasons for the decision and taking corrective action if the complaint is fully or partially upheld.

If the purchase contract is already in effect, or if the purchasing organization fails to respond within 20 (twenty) banking days (ten banking days for electronic procurement), or if the entrepreneur is not satisfied with the decision, they may file a complaint with the State Service for Antimonopoly and Consumer Market Control under the Ministry of Economy. Complaints can be submitted in writing to Baku, Sabail District, Uzeyir Hajibeyov Street 84, or via email at office@competition.gov.az within 15 (fifteen) banking days.

The State Service must issue a written decision within 20 (twenty) banking days (ten banking days for electronic procurement) and provide a justification.

Any consignor (contractor) or government agency whose interests are affected or could be affected by the complaint process may file a complaint. A consignor (contractor) who did not submit a complaint is later barred from appealing with the same request.

Consignors (contractors) have the right to appeal decisions made by the purchasing organization and the State Service for Antimonopoly and Consumer Market Control to the courts of the Republic of Azerbaijan. Additionally, if the tender commission is found to have favored a particular bidder during the tender process, any bidder may appeal to the State Service for Antimonopoly and Consumer Market Control or the courts. If these bodies confirm a legal violation occurred during the tender, the tender results will be annulled, and a new tender will be held by the purchasing organization.

For more information, visit the "FAQs" section on the etender.gov.az website, or call 599-76-00/82/83 for further inquiries.

For technical questions regarding the unified public procurement portal, contact (+99412) 310 86 67 or send an email to office@competition.gov.az, or use the "Contact Us" section of the etender.gov.az portal. Written correspondence can also be sent to Baku, Sabail District, Uzeyir Hajibeyov Street 84.

In other cases, it is recommended to contact the purchasing organization directly.