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Q124問及非供政府最終消費之採購(如製造或配銷後供大眾使用之採購)是否適用該國政府採購法?
亞國表示該國政府採購法適用所有國營企業和組織(政府擁有之股權不低於30%者)之財物、工程及勞務採購。

Q125問及亞國什麼情況下會有政府採購補償交易之適用?以及適用的頻率?
亞國表示該國政府採購法中有使用本國原料及人工的投標廠商優惠的制度,財貨、工程及勞務之採購中對不同程度之本國原料及人工使用各有不同的優待措施,除此之外該國無其他補償交易之適用情況。

Q126問及亞國在文件WT/ACC/AZE/7提及之規範政府採購的三項法律((i) the Law "On State Procurement";(ii) the Decree of the President of the Republic of Azerbaijan No. 668、(iii) the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 165):適用機關為何?是否有門檻金額之適用?是否有任何產業、機關或標案不受管轄?
亞國表示規範政府採購的三項法律適用於所有國營企業和組織(政府擁有之股權不低於30%者)之財物、工程及勞務採購。門檻金額為AZM(該國貨幣) 1,000萬元以上(兌換台幣匯率尚無法獲得資料)。該國政府採購沒有任何產業、機關或標案不受以上三法管轄。

Q127問及亞國是否會在加入WTO後立即展開GPA入會諮商?
亞國表示想要在加入WTO後立即展開GPA入會諮商。

Q128會員要求亞國確認該國將以透明化的程序進行政府採購。
亞國表示該國政府採購法已符合透明化之要求。

Q129問及亞國是否有給所有外國廠商最惠國待遇?是否所有外國廠商有平等之機會投標?
該國表示該國政法採購法第8條有各國廠商都有權參與投標之規定,並對投標之限制有規定。若標案受國際條約 之限制機關須以書面載明原因。若廠商已受機關邀請投標,機關不可在之後限制其參與投標。

Government procurement practices

Question 124
Does the Law of the Republic of Azerbaijan "On State Procurement", dated 27 December 2001, provide for purchases by the state that are not consumed by the Government, i.e., for further manufacture or distribution to the population? If so, Azerbaijan is requested to indicate the types of purchases covered by such procurements.

Answer:
The Law of the Republic of Azerbaijan "On State Procurement", dated 27 December 2001, applies to all procurements of goods (works and services) by state enterprises and organizations as well as by enterprises and organizations where the state holds not less than 30 per cent share in the charter fund through the means of public funds, or loans and grants obtained from or granted by the state. The Law does not expressly mention manufacture or distribution, but it may be assumed that the state is treated in such circumstances like any ordinary stakeholder. In practice, enterprises and organizations, referred to above, engage in oil and gas production and processing, electro-energy production, communication services, transportation, health and education, and other similar public services. All procurements are made for the purpose of the above services.

Question 125
In Question 105 of WT/ACC/AZE/4 Azerbaijan was asked how often off-set arrangements are negotiated on a case-by-case basis, but Azerbaijan's response did not address this matter. Azerbaijan is requested to state clearly how often and in what situations off-sets are used in public procurement.

Answer:

The Law of the Republic of Azerbaijan "On State Procurement", dated 27 December 2001, allows the granting of advantages to domestic bidders upon the evaluation or comparison of bids. Pursuant to Articles 36.6 and 44.2, in order to choose a tender winner, the purchasing organization evaluates and compares bids in compliance with the procedures and criteria set forth in the basic tender conditions. The law does not allow application of criteria not provided in the basic tender conditions.

The procedures and the degrees of advantage available to local bidders are governed by the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 165 "On Approval of the Amounts of Advantages and Rules of Their Application, the Manner of Calculation of Tender Price Changes That May Affect the Conditions of Procurement Agreement, and Determination of the Sum of Divisible Parts", dated 28 October 2002.

Advantages applicable to goods:

In accordance with the abovementioned Resolution, advantages can apply if a bid contemplates the use by a bidder of more than 50 per cent of domestic materials and of more than 50 per cent of local employees. The amount of advantages applicable to domestic goods can be within 15 per cent of the price of analogous foreign goods imported under INCOTERMS CIF/CIP.

The advantages are calculated in the following manner:

Total percentage of domestic materials and employees The percentage of applicable advantages
50% to 60%
60% to 70%
70% to 80%
80% to 90%
90% to 100%
- 5%
- 9%
- 12%
- 14%
- 15%
Advantages applicable to work by local bidders:

The amount of advantage applicable to the work to be done by domestic contractor can be within 7.5 per cent of the price of analogous work by a foreign contractor if a bid contemplates the use by a bidder of more than 50 per cent of domestic materials and of more than 50 per cent of local employees.

The advantages are calculated in the following manner:
Total percentage of domestic materials and employees The percentage of applicable advantages
50% to 75%
75% to 100%
- 6%
- 7.5%
Advantages applicable to services by local bidders:

The amount of advantage applicable to the services can be within 7.5 per cent of the price of analogous foreign service, if a bid contemplates the use by a bidder of more than 50 per cent of domestic materials and of more than 50 per cent of local employees.

The advantages are calculated in the following manner:
Total percentage of domestic materials and employees The percentage of applicable advantages
60% to 80%
80% to 100%
- 6%
- 7.5%

A submission of documents certifying the use of domestic materials or labour is required.

There are no other offset arrangements in the Republic of Azerbaijan.

Question 126
In its responses to Questions 116 through 122 of WT/ACC/AZE/7 Azerbaijan mentioned (i) the Law "On State Procurement" , dated 3 February 2002; (ii) the Decree of the President of the Republic of Azerbaijan No. 668 "On Implementation of the Law of the Republic of Azerbaijan 'On State Procurement'", dated 29 January 2002; (iii) the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 165 "On Approval of the Amounts of Advantages and Rules of Their Application, the Manner of Calculation of Tender Price Changes That May Affect the Conditions of Procurement Agreement, and Determination of the Sum of Divisible Parts", dated 28 October 2002.

With regard to the abovementioned legislation, Azerbaijan is requested to answer the following questions:

-Which procuring entities are subject to the abovementioned legal acts?
-Do these laws apply to all procurements or only to those where contract value is above a certain amount.
-Are there any sectors, entities, contracts which are excluded from the scope of the abovementioned legislation? If so, Azerbaijan is requested to indicate such exclusions.

Answer:
The above-mentioned legislation applies to all procurements of goods (works and services) by state enterprises and organizations as well as by enterprises and organizations where the state holds not less than 30 per cent share in the charter fund through the investment of public funds, or loans or grants obtained from the state or received under state guarantee.

The legislation regulating state procurement applies to all procurements where the stated value exceeds AZM 10 million.

Are there any sectors, entities, contracts which are excluded from the scope of the abovementioned legislation? If so, Azerbaijan is requested to indicate such exclusions. There are no such sectors, entities or contracts.

Question 127
In its response to Question 122 of WT/ACC/AZE/7 Azerbaijan indicated its willingness to become observer to the WTO Government Procurement Agreement upon accession to the WTO.
Will Azerbaijan request GPA membership and start GPA negotiations immediately after WTO accession?

Answer:
Azerbaijan intends to start negotiations on GPA membership upon WTO accession.

Question 128
Azerbaijan is requested to confirm that it will conduct public procurement in a transparent manner.

With regard to the abovementioned legislation, Azerbaijan is requested to answer the following questions:

-Which procuring entities are subject to the abovementioned legal acts?
-Do these laws apply to all procurements or only to those where contract value is above a certain amount.
-Are there any sectors, entities, contracts which are excluded from the scope of the abovementioned legislation? If so, Azerbaijan is requested to indicate such exclusions.

Answer:
The abovementioned commitments are provided for in the legislation regulating public procurement. Thus, the Law "On State Procurement", dated 27 December 2001, provides for economic, legal and organizational base for public procurement in the Republic of Azerbaijan, sets principles and rules for the effective and economical use of state funds in the process of procurement, ensures creation of equal competitive environment for all consignors (contractors) based on the principles of transparency and competitiveness.

Question 129
Does the Azerbaijan legislation grant a Most-Favoured-Nation treatment to all foreign bidders? Do all foreigners have equal opportunities to bid when a tender is open to foreign participation?

Answer:
According to Article 8 of the Law "On State Procurement", dated 27 December 2001, all resident and non-resident individuals or legal entities, or groups of legal entities, irrespective of nationality are entitled to participate in public procurement bids. Pursuant to this law bidding is subject to prohibitions imposed by the legislation regulating public procurement.

The abovementioned legislation determines the states, with which transactions are prohibited or limited pursuant to international agreements which the Republic of Azerbaijan is a party to and decisions of the international organizations, and for the states to which an applies according to resolutions of the United Nations Security Council. If the participation of a bidder in procurement transaction is prohibited for abovementioned reasons, the procurement agency must indicate the reasons in writing.