Government Procurement for IT Companies Has Simplified

 

 

According to the changes recently has been made in the law, IT companies can conclude contracts with government bodies on the basis of direct contracts, without competition or tender.

In particular, the List of goods (works, services), the purchase of which is carried out by state customers under direct contracts (Appendix to the resolution of the president of the republic of Uzbekistan dated September 27, 2018 No. PP-3953) is supplemented by the following norm:

"36. Public procurement of goods (works, services) for use in the production activities of the state and strategic customer from the author of the results of intellectual activity or from a supplier who has exclusive rights to use the results of intellectual activity, if it is impossible to supply products by another supplier on the basis of a license agreement (convention, contract), as well as the results of intellectual activity, such as works of science, literature and art, performance, phonograms, broadcasts of cable broadcasting organizations, from the only person who has an exclusive right to this intellectual property object."

It should be noted that according to the article 1031 of the civil code of the Republic of Uzbekistan, the results of intellectual activity include programs for electronic computers and databases.

In other words, government agencies can access into a direct contract for the purchase of ready-made software from the developer's company, without conducting competitive (or tender) bidding. At the same time, information about the conclusion of a direct contract is published on a special information portal of public procurement within 3 days after the conclusion of the direct contract (that is, in fact).

Additionally, technical support and (or) functional expansion of previously purchased software is also carried out by government agencies under direct contracts with the developer (the author or owner of exclusive rights to the SOFTWARE).

It should be noted that the order for the development of software (not ready-made SOFTWARE) is carried out in accordance with the established procedure on a competitive (tender) basis, subject to the following exceptions:

according to the decree of the President of the Republic of Uzbekistan dated April 28, 2020 no. PP-4699 "on measures for the wide-scale Implementation of the Digital Economy and E-Government", state bodies conduct competitions for the development, implementation, integration and technical support of information systems and software products in the amount of up to 1 billion sum non-exclusive among residents of the Technology Park of software products and information technologies;

according to the decree of the President of the Republic of Uzbekistan dated March 17, 2020 no. PP-4642 "on measures for the widespread introduction of Digital Technologies in Tashkent", the Department of digital development of Tashkent Concludes contracts with developers and integrators of information systems and software products for projects up to 1 billion sum by holding a competition among residents of the Techno park of software products and information technologies.