The State Service for Antimonopoly Control and Control over the Consumer Market under the Ministry of Economy entered into a purchase and sale agreement with Baku Electronics LLC (TIN – 1500046141).
Yeniavaz.com reports according to the contract concluded on the basis of the single-source procurement method, Baku Electronics LLC will present gifts to members of the press ordered by the State Service for Antimonopoly and Consumer Market Control and will receive 4,499 manats and 50 kopecks in return.
For information, the procurement procedure under this agreement was not carried out on the unified Internet portal of government procurement.
Article 15.1 of the Law “On Public Procurement” states that all public procurement, with the exception of confidential information, is carried out only through the portal.
Moreover, Article 49 of the Law states that the single-source procurement method is applied in the following cases:
- When the item of purchase is only available from a specific supplier;
- If there is no substitute or alternative to the item purchased;
- If there is an urgent demand for the item to be purchased;
- In case of natural disasters, man-made accidents, epidemics and other emergency situations in order to immediately prevent harm to human life and health;
- When the item being purchased is related to the demand for intelligence and counterintelligence activities.
As can be seen from the legal requirements, giving gifts to members of the press cannot be considered confidential information. For this reason, it is unclear why the State Service for Antimonopoly Control and Control over the Consumer Market conducts the procurement process in this way. Moreover, it is unclear why the contract was awarded under the sole source procurement method.
In addition, according to information released by the State Tax Service under the Ministry of Economy, Baku Electronics LLC has a tax debt to the state budget in the amount of 1 million 213 thousand 691 manats 29 kopecks as of March 12, 2024.
According to the requirements of Article 23.3.5.1 of the Law “On Public Procurement”, in order to be able to conclude a procurement contract, the supplier must not have overdue obligations for taxes and other obligatory payments. If Baku Electronics LLC did not have a tax debt at the time of signing the purchase and sale agreement, then it is not clear why the company incurred a tax debt in the amount of 1.2 million manats in a short period after the conclusion of the agreement.
It should also be noted that the State Service for Antimonopoly Control and Control over the Consumer Market signed a purchase and sale agreement not only with Baku Electronics LLC, but also with three other companies. All signed contracts were implemented using the single-source procurement method and outside the single Internet portal of government procurement.
The State Service for Control of the Consumer Market and Antimonopoly Market signed an agreement with Alfa Nuts LLC (TIN - 1007563851) in the amount of 2,500 manats, with Copy LLC (TIN - 1500046141) in the amount of 1,856 manats, with Caspel LLC (TIN - 1300701451) in the amount of 59,613.6 manats.
To clarify the mysterious points mentioned in the article, we addressed questions to the press service of the State Service for Antimonopoly Control and Control over the Consumer Market. Although the press office stated that we would receive an answer to our questions, to date we have not received any response.
It should also be noted that the State Service for Antimonopoly Control and Control over the Consumer Market is a government agency that supervises public procurement (tender competitions).
Elnur Ali
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