“The agency that controls tenders does not know the law” – Expert

The authority for monitoring public procurement - the State Service for Antimonopoly Control and Control over the Consumer Market under the Ministry of Economy - yesterday canceled several tender competitions held by various government bodies.
Yeniavaz.com reports that the State Service for Antimonopoly Control and Control over the Consumer Market announced on the basis of which articles of the law “On Public Procurement” it canceled tenders.
Economist expert Allahverdi Aydin argues that the articles referred to by the Service when canceling tender competitions are not in the current Law:
“For example, the tender held by the Pension Service was canceled 4 days ago based on a letter from the State Service for Antimonopoly Control and Control over the Consumer Market. The requirements of three different articles of the Law “On Public Procurement” were cited as the reason for the cancellation. Or rather, this is what is written in the State Service statement. There is nothing in Articles 4.1.2., 38.2 and 57.3.7 about canceling competitions.
Article 57.3.7 of the Law “On Public Procurement” does not exist at all. In other words, the Civil Service canceled the tender, citing an article that is not in the law.

Allahverdi Aydin

The expert says that the points that the Service cited as the reason for canceling competitions are requirements contained in the old Law, which is no longer in force:
“The current Law was approved by President Ilham Aliyev on July 14 last year and came into force on January 1 this year. For this reason, the Service's reference to an invalid law shows that employees working in this agency are not aware of the new law. Otherwise, the tender would not have been canceled with reference to an article that is not in the law.”
A. Aydin notes that Article 11.1 is the most cited article of the State Service for Antimonopoly Control and Control over the Consumer Market after the cancellation of the tender:
“In that article of the old law it was written that the purchasing organization refuses to continue the tender if the number of applicants who submitted a competitive proposal for participation in the tender is less than three. Article 11.1 of the new law talks about the form in which documents must be written.”

Elnur Ali