Chapter 1. General rules.

1. This Instruction describes procurement procedures by the Forestry Agency of the Republic of Uzbekistan and its system organizations (hereinafter - the Agency and system organizations), including direct defines the main requirements, procedure and methods of mandatory inspection of participants (hereinafter, inspection of Procurement process participants) when concluding a contract.

2. The purposes of checking the participants of procurement processes are as follows:

Reducing corruption risks associated with conflicts of interest and personal interest of employees of agencies and system organizations; reduce the risk of concluding a contract with an unscrupulous executor; assessment of the possibility of the participant of the procurement process to deliver the goods specified in the contract or provide services, perform work; Take the decision to enter into a contract with the counterparty with due care.

3. Verification of procurement process participants is carried out from the point of view of all procurement participants, including the possibility of communication between them.

4. The inspection is carried out at least once a year in relation to all new counterparties, as well as in relation to current counterparties, except for those specified in paragraphs 6 and 7 of this Instruction.

5. Except for the cases specified in clauses 7 and 8 of this Instruction, it is not allowed to sign the contract and (or) make payments without receiving a conclusion on the results of the counterparty inspection.

6. Counterparts are not checked for purchases made in the form of an auction to reduce the initial price.

7. Also, the inspection may not be carried out in relation to the following counterparties: if the Agency's central apparatus or structural and regional units are entering into a mutual contractual relationship; Communal and other similar services (including electricity, gas, heat, engineering, water supply, water supply, wastewater treatment, solid waste disposal (burying) networks), as well as state regulation counterparties who are suppliers of goods (works, services) according to the prices (tariffs); Counterparts considered natural monopolies of the Republic of Uzbekistan.

8. The following basic concepts are used in this Instruction:

executive - members of the purchasing commission established in the Agency;

counterparty - any legal entity or individual who plans to enter into contractual relations within the procurement processes of the Agency;

counterparty/beneficiary owner of the counterparty (ultimate beneficiary) - is the private owner of the counterparty or has the right to directly or indirectly control the actions of the counterparty, to give instructions that are binding for this counterparty, to influence the decisions being made, or otherwise, or an individual who has the means;

corrupt actions - the employee directly or indirectly personally or through third parties has a material interest for action or inaction in the interests of the briber, including money, valuable securities, other forms of property and property rights, services of a proprietary nature receiving, demanding, extorting, offering or giving, giving and/or receiving bribes or mediating in it, collecting payments for simplifying formalities (bribery) and illegally using one's official duties for other illegal purposes;

conflict of interest – the personal interest of an employee of the Agency and system organizations (directly or indirectly) affects or may affect the proper performance of his duties, and a conflict occurs between the personal interest of the employee and the interests of the Agency a situation that is coming or may come;

confidential information is information in any form, the acquisition, processing, transmission or use of which is restricted in accordance with the legislation of the Republic of Uzbekistan or the internal documents of the owner of the information;

initiator - a structural division of the Agency;

employee's personal interest - any personal, social, financial, political and other commercial or non-commercial interests of an employee of the Agency, his close relative or persons connected with the employee, which may affect the employee's proper performance of his official duties ) receiving personal benefits in the form of money, tangible and intangible values, other property, profits, privileges and advantages.

close relatives - persons related by blood or god, i.e. parents, biological and step-brothers and sisters, spouse, children, including adopted children, grandparents, grandchildren, as well as the couple's parents, biological and step-brothers and sisters.

Chapter 2. Procedure for initiation of investigation, documents and sources of information required for investigation.

9. Inspection of its participants within the framework of the procurement process is carried out by the procurement commission after the envelopes containing the bids submitted by the participants are opened for evaluation, but before the decision on the acceptance of the winning bid is made at the end of the procurement procedure. .

10. Within the framework of the procurement process, the head of the relevant procurement commission or the initiator of the contract is responsible for checking compliance with the deadlines set by the legislation and internal documents of the Agency (if the procurement is a direct contract if it is being implemented according to). In this case, the executive is appointed by the Chairman of the Procurement Commission.

11. Counterparty inspection is carried out by the executor within 5 days from the date of receipt of the documents specified in paragraph 15 of this Instruction from the initiator of the documents.

12. If it is not possible to conduct the inspection within the specified time, its duration may be extended in writing for a period of no more than 3 days in agreement with the Chairman of the Purchase Commission.

13. In cases where there is a need to conduct the inspection of counterparties in an urgent manner, the initiator applies to the Procurement Commission with a service letter based on the urgent procedure and specifying the necessary deadlines for conducting the inspection. It is allowed to make a decision to conduct an urgent inspection based on the decision of the Procurement Commission.

14. The chairman of the Procurement Commission or the initiator (if procurement is carried out under a direct contract) is responsible for collecting and submitting documents for the purpose of checking counterparties.

15. The following documents are submitted to the executor for the verification of the counterparty: a certificate of final beneficiaries filled out by the counterparty in the form in accordance with Appendix 1 of this Instruction; a copy of the documents received from the counterparty (Appendix 2 of this Instruction); a copy of the counterparty's internal anti-corruption documents (if any) (policies, regulations, codes of conduct, anti-corruption programs, etc.).

16. Obtaining the documents specified in paragraph 15 of this Instruction is mandatory in accordance with the legislation of the Republic of Uzbekistan, with the exception of the internal documents of the counterparty on fighting corruption and the information on the final beneficiaries. In case the Counterparty refuses to provide internal documents on combating corruption and a reference on the final beneficiaries, the initiator will inform the executive who will carry out an investigation on the Counterparty based on the submitted documents.

17. All documents received from the counterparty must be duly certified by a notary or by an authorized representative of the counterparty. The submitted documents must be valid, and the documents from the state registers must be received no more than 30 (thirty) days before the date of inspection.

18. Collecting information for checking the counterparty requires the executor to have a comprehensive and unbiased opinion about the counterparty, its owners and managers, its activities, as well as the reliability of the documents and information obtained from it, including their is carried out to assess the absence of signs of unreliability (the absence of signs of falsification). As part of the examination of counterparties, the executive analyzes the information and documents provided by the counterparty. In cases where it is not possible to obtain the documents specified in Appendix 2 of this Instruction from the counterparty, or in cases where there are signs that the received documents or information are not reliable (falsified), the executive shall make an appropriate mark in the conclusion on the results of the counterparty's inspection. The executive may use the sources of information specified in Appendix 3 of the Guidelines. This list is a recommendation, and the executive can use other sources if necessary. Also, the Executive will analyze the documents received by sending an official request to the relevant organizations, the internal resources of the Agency, including the register of counterparty inspections, the register of conflicts of interest of employees, etc.

19. The sources used to check the counterparty must meet the requirements of legality and impartiality.

20. If necessary, the executive can visit and study the counterparties during the inspection. Such inspections are carried out by the executive in coordination with the head of his department. During the on-site inspection, a report of the meeting with the head of the organization (authorized representative) is drawn up, in which certified copies of the documents received from the counterparty, initially compared with the original copies by the executive, are listed. The list of copies of received documents and (or) comments submitted by the authorized representative of the counterparty should be formalized in the form of a separate list signed by the authorized representative of the counterparty and the executive and attached to the minutes of the meeting.

Chapter 3. Counterparty verification methodology.

21. Inspection of counterparties is carried out in the following main directions:

1) verification of the counterparty's legal capacity, financial stability, reliability and the history of mutual relations with it, including:

a) availability of necessary technical, financial, material, personnel and other resources to fulfill the contract;

b) possession of the legal right to conclude a contract;

c) absence of overdue debt for payment of taxes and fees;

g) lack of bankruptcy procedures introduced in relation to counterparties;

d) not registered in the unified register of dishonest performers;

2) reputation of the counterparty in the field of work;

3) checking that there is no conflict of interest.

It is mandatory to carry out an inspection in the specified directions. The list of inspection areas can be expanded in each individual case according to the request of the executive, agreed with the decision of the procurement commission. In this case, it should not be allowed that the direction of the inspection contradicts the legislation regulating public procurement and (or) leads to restriction of the principles of competition.

22. The executive performs an analysis of available sources of information and determines whether the information specified in the conclusion on the results of the investigation of the following counterparty in relation to each direction specified in paragraphs 24-26 .

23. During the inspection of the current counterparty of the Agency, which was in contractual relations before the implementation of this Instruction, the executive examines the duration of the previous contractual relations, the experience of interaction with this counterparty, and his honesty in fulfilling the obligations under the previously concluded contracts with the Agency. When checking a new counterparty, the executive analyzes the information on the fulfillment of similar contracts by the counterparty and recommendations given by other customers (clients) and, to the extent possible, checks the honesty of this counterparty in fulfilling its contractual obligations to other clients.

24. As part of checking the counterparty's legal capacity, financial stability, reliability and history of relations with him, the executive determines the following information:

Presence of the counterparty in the Unified Register of Business Entities;

the legal and actual address of the counterparty;

F.I.Sh. of the head and founders of the counterparty;

compliance of the counterparty's main activity with the subject of the purchase;

lack of termination, reorganization, and bankruptcy procedures of the counterparty;

the presence of the necessary licenses (permits) in the counterparty to carry out the types of activities that must be licensed in accordance with the legislation of the Republic of Uzbekistan;

In accordance with open information, submitted documents and accounting, the counterparty has the main funds, private capital, employees and other technical, financial, material and other resources necessary to fulfill obligations to the Agency;

Existence of appropriate authority in the person entering into contractual relations with the agency on behalf of the counterparty;

The counterparty is not included in the single register of dishonest performers on the special information portal;

There is no information that the counterparty did not fulfill its contractual obligations to the Agency on time or did not fulfill them properly in the last two years;

The counterparty does not have overdue debts for the payment of taxes and fees.

25. As part of checking the counterparty's reputation in the field of work, the executive determines the following information:

that there is no information on the involvement of the counterparty, its property owners, including beneficial owners or managers in crimes related to fraud, forgery and corruption or other illegal activities in open information sources;

non-availability of incriminating information or materials in law enforcement or other state bodies against the head of the counterparty;

that the counterparty, its property owners or the general director (members of management bodies) and other leaders do not have any interaction with criminal structures, extremist and terrorist organizations;

the existence of procedures and policies regulating the counterparty's business ethics and anti-corruption issues;

that there are no criminal cases related to the counterparty's financial and economic activity against property owners or managers (members of management bodies);

that there is no other negative information about the counterparty, its property owners or other managers;

26. In accordance with Article 14 of the Law of the Republic of Uzbekistan "On State Procurement", officials and other employees of the State customer, operator of the electronic state procurement system, specialized organization, expert organization, as well as members of the procurement commission and experts does not have the right to directly or indirectly receive any personal benefit resulting from a public procurement transaction in which he/she participates in the implementation of procurement procedures. In accordance with this, the executor shall verify the compliance of the information reflected in the information on the final beneficiaries of the counterparty, filled out in the form in accordance with Appendix 1 of this Instruction, with the information of the Unified State Register of Business Entities. This inspection is also carried out against the managers and founders of the counterparty. Also, the executive checks whether there is a conflict of interest according to the following criteria: one of the sole or property owners of the counterparty, including the beneficial owner, is not the head of another participant of the procurement process or his close relative; the initiator participating in the selection of the counterparty or other employees of the Agency or their close relatives do not own more than 5% of shares or contributions in its authorized capital that are not in public circulation, the counterparty's securities in public circulation on the Republican Stock Exchange or another stock exchange ; the initiator participating in the selection of the counterparty or other employees of the Agency or their close relatives should not be part of the management board of the counterparty or have a personal interest in the results of its activity (including in the implementation of their investments); that the initiator participating in the selection of the counterparty or other employees of the Agency or their close relatives do not work in managerial positions or decision-making positions at the counterparty; non-existence of affiliation relations between the counterparty and members of the Purchase Commission; other circumstances leading to a conflict of interest.

The executive shall verify the existence of a conflict of interest by comparing the information provided by the counterparties with the information reflected by the Agency's employees and entered into the relevant register within the framework of the declaration of the conflict of interest.

Chapter 4. Formalization of inspection results.

27. Based on the results of the inspection, the executive prepares a report in the form specified in Appendix 4 of this Instruction. The executive shall attach the conducted analysis and other documents confirming the analysis to the report on the results of the counterparty inspection.

28. If signs of real or potential conflict of interest are detected, the executive will make a proposal to the Chairman of the Procurement Commission or the initiator to take measures to regulate it. If signs of a conflict of interest are detected among the Agency's employees, the Anti-Corruption Compliance-Control Service will be informed about it. The results of the analysis of the presence or absence of a conflict of interest and measures to regulate it are also reflected in the report on the results of the counterparty investigation.

29. When risk indicators are identified, the executive offers and reflects recommendations for working with the counterparty aimed at reducing the identified risks in the report on the results of the counterparty inspection (for example, introducing a ban on advance payments into the contract, etc.).

30. The executive submits the conclusion on the results of the counterparty inspection to the chairman of the Procurement Commission or the initiator. The chairman of the procurement commission or the initiator takes into account the obtained conclusion within the framework of making a decision on the selection of a procurement participant, and an appropriate entry is made about it in the report of the procurement commission or the conclusion of a direct contract with the counterparty.

31. If there is a real conflict of interest between the counterparty and the Agency employee, it should be regulated according to the internal document on managing the conflict of interest in the Agency before proceeding with the procurement process. If it is not possible to regulate the conflict of interests, the counterparty should be excluded from participation in the procurement process.

32. If, according to the results of checking the counterparty within the framework of direct purchases, information indicating the existence of a corruption risk or the absence of an anti-corruption system is revealed, then concluding a contract with the counterparty The decision about the possibility is made by the director of the agency.

33. The conclusion on the results of the counterparty inspection shall be added to the package of documents required for making a decision on the results of procurement processes, agreeing on the contract and making payments.

34. No later than three working days after the release of the report on the results of the inspection, the compliance-supervision service will enter information about it in the Counterparty inspection register in accordance with Appendix 5 to this instruction.

35. Counterparty inspection register and counterparty inspection results, as well as an application for inspection, a report on the results of a counterparty inspection, documents submitted by counterparties, and information obtained by the executor from relevant sources at least from the date of termination of contractual relations with the counterparty 3 (three) years are stored in the compliance-control service.

36. Counterparty inspection register and counterparty inspection results, as well as an application for inspection, a report on the results of a counterparty inspection, documents submitted by counterparties and information obtained by the executive from relevant sources are confidential. and will not be disclosed to other third parties whose authority does not include the use of such information.

Chapter 5. Final Rules.

37. The process of checking counterparties is constantly monitored by the compliance-control service.

38. When the norms of public procurement and anti-corruption legislation that affect this guideline change, the Guidelines will be revised.