RESTRICTED  ORGANISATION MONDIALE  
DU COMMERCE  GPA/ACC/ARM/12 
10 février 2011 
 
 (11-0701) 
Comité des marchés publics Original:   anglais 
  
 
ACCESSION DE LA RÉPUBLIQUE D'ARMÉNIE 
À L'ACCORD SUR LES MARCHÉS PUBLICS 
 
Loi de l'Arménie sur les marchés publics:  adoption et entrée en vigueur
 
 
 
 La communication ci-après, datée du 8 févrie r 2011, est distribuée à la demande de la 
délégation de la République d'Arménie.  
_______________ 
 
  Conformément à la condition énoncée dans la Décision du Comité des marchés publics sur l'accession de la République d'Arménie à l'Accord  sur les marchés publics (document GPA/105 daté 
du 7 décembre 2010), j'ai l'honneur de présenter ci-a près, pour examen par le Comité des marchés 
publics, la nouvelle Loi de la République d'Arménie sur les marchés publics. 
 
 La Loi sur les marchés publics
1 ci-jointe a été adoptée par l'Assemblée nationale de la 
République d'Arménie le 22 décembre 2010 et a ét é signée par le Président de la République 
d'Arménie le 28 décembre 2010.  
 La Loi sur les marchés publics (LA-206-N) est entrée en vigueur le 1
er janvier 2011. 
  Je tiens à souligner que la nouvelle Loi sur l es marchés publics est pleinement conforme aux 
dispositions de l'Accord de l'OMC sur les ma rchés publics et que toutes les recommandations 
adressées par les Parties ont été prises en compte.  
      Avetis Hovhannisyan 
      Représentant permanent de la République d'Arménie      auprès de l'Organisation mondiale du commerce   
  
_______________ 
 
                                                     
 
1 En anglais seulement. GPA/ACC/ARM/12 
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LAW ON PROCUREMENT  
 
REPUBLIC OF ARMENIA 
 
 
SECTION 1:  GENERAL PROVISIONS 
 
1. Article 1:  Subject  regulated by the law 
 
 This law regulates relations pertaining to th e procurement of goods, works and services by 
clients, and establishes principal rights and responsibilities of parties thereto. 
 
2. Article 2:  Main terms used in the law 
 
 The following main terms are used in this law: 
  (1) Client:  
(a) State administration bodies and local self-governments, state and 
community agencies envisag ed in the Republic of Armenia Constitution 
and laws; 
   (b) The Republic of Armenia Central Bank;  
  (c) State or community non-commercial (non-profit) organizations; 
   (d) Entities with over fifty percent of government or community shareholding;  
(e) Associations (unions) formed by the state or community or the Republic of 
Armenia Central Bank or state or community non-commercial (non-profit) 
organizations or entities with over fifty percent of government or 
community shareholding; 
 
(f) Legal entities - recipients of funds donated by the government or 
community or the Republic of Armenia Central Bank or state or community 
non-commercial (non-profit) organizations or entities with over fifty 
percent of government or community shareholding – for procurements financed by donated funds; 
   (g) Public undertakings.  
 (2) Public undertakings: 
 
(a) Physical or legal entities operating in the regulated public services sector 
and included in the list approved by the Republic of Armenia Public Services Regulatory Commission; 
 
(b) Other entities operating in the public  services sector and carrying out one or 
more of the relevant activities stipulated  by this Article, based on a special or 
exclusive right, if the procurement is conducted for the purpose of exercising such activities;  GPA/ACC/ARM/12 
 Page 3 
 
 
   
(c) Entities over which the government or  community or a state or a community 
non-commercial (non-profit) organization or an entity with over fifty percent of government or community shareholding may exercise a dominant influence.  The presumption of exerting the dominant influence is applied to 
all situations when the government or community or the state or community 
non-commercial (non-profit) organization or the entity with over fifty percent of government or community shareholding may appoint more than fifty percent of members of the entity's administrative or management or supervisory body. 
 
 (3) Procurement - Purchase of tangible and non-tangible assets (values) - all types of 
goods, works and services - reimbursed by th e Client.  For the purposes of this law: 
   (a) The rent and leasing rega rded as a purchase of service; 
 
  (b) The following are also considered as procurement:  
(i) Purchase of goods, works and services by legal entities from the 
funds donated to such entities by the Client; 
 
   (ii) Purchase of goods, works and services by barter; 
(iii) Public-private partnership transactions, including asset management 
and concession transactions. 
  (4) Contract - A written transaction concluded for procurement purposes; 
 
 (5) Framework agreement  - A preliminary contract conc luded for contract signing 
purposes;   (6) Bidder - An entity pa rticipating in procurement processes for the purposes of 
concluding a contract (framework  agreement) with the Client; 
 
 (7) Selected bidder  - Bidder(s) offered a contract (framework agreement) by the Client; 
  (8) Invitation (Bidding documents) - Terms offered to the bidder for the purposes of 
contract (framework agreement) signing; 
 
 (9) Bid - An offer submitted by th e bidder based on the invitation; 
  (10) Bid security  - In cases stipulated in this law,  a guarantee securing implementation 
of the obligations assumed in the bid by the bidder;  
 (11) Contract performance security  - In cases stipulated by this  law, a guarantee securing 
implementation of the obligations being assumed u nder the contract (framework agreement) by the 
selected bidder;   (12) Electronic auction - When carrying out the procurement, repetitive process involving 
electronic devices for presentation of new prices, revised downwards, and/or new non-price proposals, 
which occurs after an initial full evaluation of the bids, enabling to rank in descending order the 
bidders, who submitted the bids, using automatic evaluation methods (means); GPA/ACC/ARM/12 
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 (13) Electronic means - The use of electronic equipment, including software and hardware 
for the processing and storage of data, which is transmitted, conveyed and received by wire, radio, 
optical means or by other electromagnetic means;   (14) Authorized Body  - A state body of the Republic of Armenia Executive responsible 
for the development and implementation of the Republic of Armenia Government policy in the area 
of public finance management;   (15) The Center for Procurement Support - A legal entity carrying out competences 
stipulated in this Law; 
 
 (16) Bulletin  - The Electronic Procurement Bulletin published by the Authorized Body; 
  (17) Special or exclusive right - The right that results from any form of authorization 
granted by a competent authority by the way of any legislative, regulatory or administrative provision, 
having as effect to limit the exercise of certain activ ities (including in the field of public services) only 
to one or to a restricted number of entities, and wh ich substantially affects the ability of other entities 
to carry out such activities; 
 
 (18) Subject of procurement - Any go ods, works or services being purchased; 
 
 (19) Description of procurement subject  - Technical specifications, procurement and 
payment terms and conditions of subject of procurement;   (20) Consulting services - Services, whic h render non-tangible assets (values) 
dispossessed of physical substance; 
 
 (21) Consultant - An entity, which partic ipates in the procurement process for the 
purposes of signing a consulting servi ces' contract wi th the Client; 
  (22) Selected consultant - A consultant(s) offered a consulting services' contract by the 
Client; 
 
 (23) Procurement base unit - An amount equal to one million Armenian Drams; 
  (24) Relevant activities  - Following activities in the field of public services to 
procurements carried out under which this law shall apply.  They are: 
 
(a) The generation of electricity and h eat (including their combined-cycle 
generation), the transmission (transport) and distribution of electricity, heat 
and natural gas, the provision of system operator services for power and 
natural gas systems, the construction of new or rehabilitation of electricity and heat generation capacities, the constr uction of transmission (transport) or 
distribution networks for electricity, heat or natural gas; 
 
(b) The supply of drinking, irrigation a nd industrial (technical) water, provision 
of wastewater and wastewater treatment services; 
 
(c) The operation of public electronic network in the field of electronic 
communication; 
 
(d) The provision of postal, railway tr ansportation and mandatory motor vehicle 
technical inspection services subject to tariff regulation by the Republic of 
Armenia Public Services Regulatory Commission;  GPA/ACC/ARM/12 
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  (e) The provision or operation of networks  intended (existing) to provide public 
services in the field of transport. A network for providing transport services is considered to exist, in the case when the operation conditions, including the condition on the routs to be served, the capacity to be made available or the 
frequency of the service are laid down by  a competent government authority; 
 
  (f) Exploitation of a geographical area:  
(i) For the purpose of exploring for or extracting oil, gas, coal or other 
solid fuels; 
 
(ii) For the purpose of the provision of airports and other terminal 
facilities to carriers by air or waterways. 
  (25) Procurement process - An entirety of actions aimed at execution of procedures, rights 
and responsibilities pertaining to carrying out procur ement as stipulated by the Republic of Armenia 
legislation on procurement.  
3. Article 3:  Purpose and scope of the law 
 
1. The purpose of this law is to ensure value-for-money in the procurement process, namely: 
 
 (1) Purchase of goods, works and services requisite to carry out the powers delegated to 
the Client and adequate to the Client's needs;   (2) Exchange of funds allocated for procurement for adequate goods, works and 
services; 
  (3) Implementation of proc urement process ensuring the efficiency, effectiveness and 
economy of procurement.  2. For the purposes of achieving the objective set out in the para graph 1 of this Article, the 
procurement process shall be based  on the following principles: 
  (1) Administration of procurement process based on unified rules and principles of 
competition, transparency, open ness and non-discrimination; 
 
 (2) Expansion of bidders' circle and promotion of competition among them for the 
purposes of contract signing;   (3) Prevalence of equal right for every pers on to participate in the procurement process 
regardless of being a foreign individual, entity or a stateless person.  
3. The scope of this law covers the procurement carried out in the Republic of Armenia.  The 
procurement is considered to be implemented outside the Republic of Armenia if the contract is concluded and works, goods or services thereto are purchased and used outside the Republic of Armenia's territory.  
4. The scope of this law shall not cover the following types of transactions: 
  (1) Purchase of arbitration (i ncluding media tion) services, 
  (2) Labour contracts, GPA/ACC/ARM/12 
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 (3) Purchase of services rendered by specifi c people foreseen in the decision of 
officials carrying out criminal, administrative or  court proceedings in cases stipulated by law, 
  (4) Purchase of share of the stat utory capital of legal entities, 
 
 (5) Purchase of securities and transactions re lated to trust management of securities. 
 
4. Article 4:  The Republic of Armenia legislation on procurement 
 
1. The Republic of Armenia legislation on procurement is comprised of the Republic of Armenia Civil Code, this law and other legal acts. 
 2. In the event if an international agreement set s out provisions other than in this law, the 
provisions of the international agreement prevail.  
3. The Republic of Armenia Government and the Authorized Body adopt other legal acts on 
procurement to ensure the accomplishment of the pur pose and requirements of this law.  Other legal 
acts on procurement are also bein g published in the Bulletin. 
 4. The Republic of Armenia Government approves:  
 (1) The procedure for procurement outside of the Republic of Armenia; 
  (2) The procedure for e-procurement; 
  (3) The procedure for procurement plan ning, approval of procurement subject 
specifications, preliminary control and financing of procurement; 
  (4) The types of public-private partnershi p transactions, specification requirements for 
such transactions as well as the procedure fo r development and approva l of specifications; 
  (5) The procedure for application of procurement procedures stipulated in this law; 
 
 (6) The procedure for composition and activities of evaluation commission; 
  (7) The main terms and conditions of the invitation and contract;  
 (8) The procurement plan to be financed by the state budget; 
  (9) For members of the Procurement Compla int Review Board envisaged in this law: 
 
(a) The procedure for assessment of knowle dge of the Republic of Armenia 
procurement legislation; 
 
  (b) The amount of and the procedure for remuneration.  5. The Authorized Body approves:  
 (1) Standard forms of bidding document s, including the invitation and contract; 
  (2) Standard forms of documents to be su bmitted to the Authorized Body pursuant to 
this law, including the reports, an d the deadlines for their submission; 
 
 (3) The list of procurements to be carried out under framework agreements.  GPA/ACC/ARM/12 
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  5. Article 5:  Eligib ility to participate in procuremen t process and qualification criteria 
 
1. Except for procurement to be carried out in accordance with the pr ocedure set out in the 
Article 20(5) of this law, the following persons shall not have the right to participate in the 
procurement: 
 
 (1) Have been ruled insolvent by court;   (2) Have outstanding arrears against the Republic of Armenia tax and mandatory social insurance payments;  or 
 
 (3) Have a representative of the executive  body, who during th e preceding three year 
period has been convicted for offenses against economic activities or state service, except cases 
when such conviction has been lifted  or nullified as stipulated by law; 
 
 (4) Have been included in the list of bidder s ineligible to partic ipate in procurement 
procedure.  The bidder is include d in this list, if during the year preceding the bid submission: 
 
(a) Has repeatedly breached an obligation assumed under a contract or a 
procurement process leading to a unilate ral termination of the contract by 
the Client or a suspension of that bi dder from further participation in the 
procurement process; 
   (b) Has submitted falsified data  under the procurement process; 
   (c) As a selected bidder, has repeated ly refused to sign the awarded contract; 
 
(d) In a manner prescribed by law, the bi dder has been convicted by a decision 
for anti-competitive behaviour during procurement process, such as collusion or abuse of dominant position; 
   (e) When the condition foreseen in the item 3 of this paragraph is present. 
 
2. The Authorized Body publishes the list stipulated under paragraph 1(4) of this Article.  The Authorized Body formally initiates a procedure at  the Procurement Complaint Review Board based 
on the information of the Client about an ineligible bidder.  After hearing the opinion of the bidder concerned, the Procurement Complaint Review Board decides if the bidder has to be included in the 
list stipulated in this Article.  An entity can be enlisted for a period from 6 months to 3 years 
depending on the gravity of the breach of the rules set out in the paragraph 1(4) of this Article.  3. The bidder must satisfy the qualification criteria set out in the invitation.  The bidder shall 
meet the following criteria set out in the invitation and required to fulfil contractual obligations:  
  (a) Compliance of professional activity to activities stipulated in the contract; 
   (b) Professional experience;    (c) Technical resources; 
 
  (d) Financial resources;    (e) Labour resources. GPA/ACC/ARM/12 
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4. No other criteria related to bidder's eligibility and qualification for participation in the procurement can be established, if such criteria are:    (a) Not stipulated in this Article;  
(b) Discriminatory and limit the comp etition by unduly complicating or 
simplifying potential participat ion in the procurement process; 
 
(c) Inadequate and not directly requ ired for execution of contractual 
obligations. 
 
5. The procedure and criteria fo r evaluating the bidd er's eligibility an d qualification to 
participate in the given procurement as well as the requirements for documents (information) 
required thereto are set out in the invitation.  6. Article 6:  Equal participation in procurement  
1. Any entity, regardless of being a foreign natural person or a legal entity or a stateless 
person, has equal right for participation in the procurement process.  2. Participation of any entity in the procuremen t can be restricted on ly by the Republic of 
Armenia Government decision based on the national security or defen se interests of the Republic of 
Armenia.  3. If the paragraph 2 of this Article is inapplic able, then the invitation includes a notice that 
any person regardless of being a fo reign individual or an entity or a stateless person can submit the 
bid; furthermore, the notice is not subject to changes.  If the paragraph 2 of this Article is applied, 
then the invitation includes a notice about such restriction.  4. Concurrent participation of entities founded by  the same person(s) or entities with over fifty 
percent of shares owned by the same person(s) in the same procurement process is prohibited with the exception of: 
 
 (1) Entities founded by the Government or communities;   (2) Cases of participation stipulated under the Article 27, paragraph 6 of this law. 
 
5. Legal entities with Client's (including government or community) shareholding participate 
in the procurement having equal rights with other bidders and the Client's shareholding does not lead to a preferential treatment or to setting ou t and applying any other favourable conditions for 
such entities.  
7. Article 7:  Documents, th eir validity and e-procurement 
 1. Recording and maintaining of procurement re lated information must be ensured through the 
development of relevant documents, including electronic documents.  2. If the invitation sets out a cond ition for the bidder to submit information, it also contains the 
validity terms for such information.  In the fra mework of functions set out in this law, the 
communication can be carried out  electronically, including: 
  (1) Electronic provision of invitation;   GPA/ACC/ARM/12 
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   (2) Electronic submission of bids in cases an d pursuant to the procedure stipulated in 
the invitation.  3. The tools to be used for communication by electronic means, as well as their technical characteristics, must be non-discriminatory, ge nerally available to any potential bidder and 
interoperable with information and communi cation technologies means in general use. 
 4. The following rules are manda torily applicable to means fo r the electronic transmission and 
receipt of bids:  
 (1) The information regarding the specifica tions necessary for the electronic submission 
of bids, including encryption, shall be  available to any interested bidders; 
  (2) The electronic devices for electronic receipt of bids must guarantee the integrity and confidentiality of the received data, fulf illing at least the following conditions: 
 
(a) The exact time and date of the recei pt of bids can be precisely determined; 
 
(b) Before the time limits laid down for the transmission of the data, no one can 
have access to the transmitted data; 
 
(c) In the case when the interdiction of access to the transmitted data has been 
breached, the unauthorized access can be clearly detectable; 
 
(d) Only authorized persons may set or modify the dates for opening data 
received; 
 
(e) During the different stages of procurement procedure, the access to received 
data is possible only by an simultaneous  action of at least two authorized 
persons/systems and only after the date established according to provisions of 
subparagraph b) of this paragraph; 
 
(f) Data received and opened in accordan ce with the requirements of this 
paragraph must remain accessible only to persons authorized to acquaint themselves therewith. 
  (3) The bidders, before the deadline laid down for submission of bids, shall submit 
certificates, declarations and other documents, in  case these are not available in electronic format. 
 
8. Article 8:  Minutes of procuremen t procedure and reports on procurement 
 
1. If the estimated price exceeds the procuremen t base unit, the Client drafts minutes of the 
procurement procedure.  Based on the method of  procurement, the minutes of the procurement 
procedure contain: 
  (1) Name and location of Client;   (2) Need for procurement and justification of procur ement method selection; 
 
 (3) Invitation and changes made therein;   (4) Procurement related inquires and explanations provided thereto;  GPA/ACC/ARM/12 
Page 10  
 
 (5) Information about bidders: name, location or residence, contacts;   (6) Prices offered in the bids;   (7) Bid evaluation procedure and the results of evaluation; 
 
 (8) If a bid is rejected, a ju stification of such decision; 
  (9) The contract; if no contract is awar ded as an outcome of the procurement process, 
then a justification of such decision; 
 
 (10) If illegal actions were identified during the procurement process, a brief description of such actions and of m easures undertaken thereto; 
  (11) Complaints related to the procur ement process and decisions made thereto; 
 
 (12) Other necessary information.  2. Within seven calendar days of the signature of contract financed by the state budget or 
cancellation of the procurement process, the Client  submits to the Authorized Body a report on 
procurement process. 
 
3. If the procurement value does not exceed the Pr ocurement base unit, the Client ensures that 
the relevant documents (or elect ronic documents) on activiti es implemented for procurement 
purposes and on their grounds exist and maintained.  
4. The Client provides a copy of the procurement procedure minutes or its extract, except for 
procurements containing state, o fficial or bank secrecy, to any person, within five calendar days 
after receipt of such request.  5. To prepare and publish the annual procurem ent report, the Clients shall furnish to the 
Authorized Body reports. 
 
9. Article 9:  Contract award decision, standstill period, co ntract signing and conditions 
 
1. In case of open bidding, prior to contract signature, the Client publishes an announcement 
on contract award decision.  It can be announced: 
 
 (1) At the meeting on finalization of bidding results through a public debriefing to which all the bidders in the procuremen t process have been invited;  or 
  (2) Such announcement can be  sent to all bidders involved  in the procurement process 
by electronic means, fax or registered mail;  or 
 
 (3) Such announcement can be posted at the website of th e Authorized Body and, if 
possible, also at the website of the Client. 
 2. The contract award decision shall contain brief information on evaluation of bids and 
relevant reasons for the selection of this bidder a nd a statement on standstill period.  The standstill 
period is the period from the day following the date on which the contract award decision is announced to the day of contract signature.   GPA/ACC/ARM/12 
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  3. The standstill period: 
  (1) Shall be at least 10 calendar da ys, in case of procurements exceeding the 
Procurement base unit by fifty times;  
 (2) Shall be at least 5 calendar days, in case of procurements not exceeding the 
Procurement base unit by fifty times.  4. The standstill periods stipulated in the paragraph 3 of this Article do not apply, if:  
 (1) This law does not require publication of a contract award notice; 
  (2) There was only one bi dder in the tender, who is awarded the contract. 
 5. The contract is signed, if no bidder complains against the award decision at the 
Procurement Complaint Review Board within the standstill period of paragraph 3 of this Article.  A 
contract concluded before the expiry of the standstill period is null and void.  6. Relations between the procurement parties not regulated by the Republic of Armenia legislation on procurement are regulated under the contract.  10. Article 10:  Contract award publication  
1. If the contract price exceeds the Procur ement base unit, then the Client, within 7 
calendar days of the contract si gning, furnishes to the Authorized Body an announcement about the 
awarded contract to be published in the Bulletin, except for procurements containing state, official 
or bank secrecy. 
 2. The announcement about the awarded cont ract contains the following information: 
  (1) A brief description of  the procurement subject; 
 
 (2) Client's name and address; 
  (3) The date of contract signing;   (4) Name and address of selected bidder(s); 
 
 (5) Price offers of bidders and the contract price;   (6) Information about announcem ents published in accordance with this law in order to 
attract bidders, if applicable;  
 (7) Procurement method used and justification of its selection. 
 
11. Article 11:  Consequences of bidders' illegal actions 
 
 If a bidder or a representative of its management body commits any illegal actions against economic activities or state service  under the procurement process, then  the Client, on the day when 
such grounds are identified, noti fies about this the law enforcemen t bodies providing them and the 
bidder with the grounds for such decision. GPA/ACC/ARM/12 
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12. Article 12:  Procurement subject description 
 
1. The description of procurement subject shall fully and clearly describe technical 
specifications of goods, works or services being procured as we ll as terms and conditions for their 
purchase and payment, ruling out any alternative interpretation.  The description of the procurement 
subject is included  in the contract. 
 2. The description of procurement subject:   (1) Shall ensure equal competition conditions for potential bidders; 
 
 (2) Must not have the effect of creating unjustified obstacles to the opening up of procurement to competition;   (3) Shall be objectively justified and adequate  to need for which the given procurement is 
carried out; 
  (4) Shall include full and adequate description of specifications and technical data of the 
procurement object, while in case of works' procuremen t, it shall also include the bill of quantities, 
timetable and other non-price conditions.  
3. Based on specific features of the procuremen t subject, its technical specifications, to the 
possible extent, include a clear description of requirements fo r quality, standard, safety, 
terminology, labelling, packing, unloading, dime nsion, design and other technical characteristics 
related to the goods, works or services being procur ed; the description are ba sed on the international 
standards and existing Republic of Armenia normative-technical documents and standards or, if 
such documents and standards are missi ng, on temporary technical references. 
 4 The technical specifications can also be defi ned in terms of perfor mance and/or functional 
requirements that have to be described sufficiently accu rate in order to allow bidders and the Client to 
understand exactly the subject-matter of the contract.  
5. Technical specifications shall not require or  refer to any trademark, brand name, license, 
design or model, country of origin or a specifi c source or a manufacturer, except cases, when the 
description of the procurement subject is impossible without such requirement or reference.  In the 
event if references are made, the technical specific ations must contain the words "or equivalent". 
 
13. Article 13:  Official lang uage of procurement procedure 
 
1. Procurement related documents are drafted and,  in cases stipulated in this law, published 
in the Bulletin in Armenian, while advertisements related to an open bidding are also published in English and Russian.  
2. In case of procurements exceeding the Procurem ent base unit by fifty times, if envisaged 
in the invitation, the bids, besides Armenian, can  also be submitted in English and/or Russian. 
 
14. Article 14:  Procurement planning and financing 
 
1. The procurement plan to be funded from the state budget is approved on the basis of 
administrative and operational classification.  2. The procurement plan that contains a stat e or official secret includes goods, works and 
services required to provide military equipment, weapons, ammunition and armament.  GPA/ACC/ARM/12 
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  3. In case of procurement funded from other sources, the Client approves the procurement 
plan.  4. The procurement plans are approved on the basis of procurement subject, quantity, total 
price, and procurement method.  They are publish ed in the Bulletin, except for procurement plans 
containing state, official or bank secrecy. 
 5. Funds for procurement of ci vil works are allocated on the basis of design estimates that 
have been approved and e xpert reviewed in accordance with th e established procedure.  Funds for 
procurement of civil works without design es timates cannot be allocated, unless otherwise 
stipulated by law. 
 6. If the estimated price exceeds the amount al located for that procurement in the specified 
period, then, in case of contract signing, funds ar e earmarked for the period following this period: 
 
 (1) To carry out the procur ement stipulated under the procurement contract;  or 
  (2) To temporary suspend this procuremen t, if funds are requ ired for temporary 
suspension.  7. Pursuant to the procedure stipulated in this law a contract can be signed prior to the 
allocation of funds provided that  the contract becomes effective,  when the funds envisaged under 
the contract are allocated.  The co ntract signed under this provision  is terminated, if the funds for 
contract execution are not allocat ed during the year following the day of contract signing.  This 
paragraph can be applied, if:  
 (1) The Client is unable to envisage (calculate) initially the funds requisite for 
procurement;  or   (2) Supply of goods, implementation of works or provision of services shall begin within such a deadline calculated from the date  of allocating funds for the given procurement, 
which makes the use of any competit ive procurement methods impossible. 
 
8. The Client assumes financial obligations under  a contract, if financial allocations required 
to carry out that procurement have been earmarked and within the framework of those allocations.  9. Funds for procurement are planned under the corresponding budget line items of economic 
classification of budgetary expen ses specified for purchase of works,  goods and services.  It is 
prohibited to plan funds under different budget line items of economic classification of budgetary 
expenses, if procurement is to be carri ed out at the cost of those funds. 
 
SECTION 2:  REGULATION AND COOR DINATION OF PROCUREMENT PROCESS 
 
15. Article 15:  Regulation and coor dination of procurement process  
 
1. The Authorized Body carries out the regula tion and coordination of the procurement 
process.  The Authorized Body ca nnot be involved in procurement processes and be a contract 
party, except for procurement carried out for its own needs. GPA/ACC/ARM/12 
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2. To facilitate activities for regulation and coordination of the procurement process, the 
Authorized Body:   (1) Coordinates the efforts for developmen t of draft legal acts on procurement and 
adopts or submits them for approval; 
 
 (2) Carries out the methodolo gical guidance of the procur ement process and, within 
that scope, provides methodological assistance to clients in facilitation of procurement activities;   (3) Ensures the existence of a system fo r professional education, continuous training 
and qualification assessment of clie nts’ procurement specialists; 
  (4) Facilitates publication of the Bulletin;   (5) Coordinates the procurement related collaboration between international 
organizations, foreign states and the Republic of  Armenia state bodies an d local self-governments; 
  (6) Registers procurement contracts to be funded by the state budget; 
  (7) Publishes:  
  (a) The annual public procurement report; 
   (b) The list of qualified procurement specialists.  3. The head of the Client appoints an entity responsible for procurement  (procurement 
coordinator), which: 
  (1) Is responsible for the facilitation and coordination of the Client's procurement process;   (2) Provides an opinion on procurement related documents approved by the Client's; 
 
 (3) Implements the powers of the secr etary of the evaluation commission; 
  (4) Drafts the minutes of a given procuremen t and the procurement contract and submits 
them to the approval of the Client's head. 
 
4. The following could be appointed  as the procurement coordinator: 
  (1) Relevant unit of the Client;   (2) An official(s) of the Client; 
 
 (3) An invited consultant(s).  5. The staff of the procurement unit, officials and invited consultants shall be included in the list of qualified procurement specialists published by the Authorized Body.  The individuals are 
included in the aforemention ed list after successfully passing  the examination assessing their 
knowledge of the Republic of Armenia legislation on procurement organized by the Authorized Body. 
  GPA/ACC/ARM/12 
 Page 15 
 
 
  16. Article 16:  The Center  for Procurement Support 
 
1. The Center for Procurement Support: 
  (1) Conducts professional education and continuous training for procurement 
specialists; 
  (2) Provides free professional advice to clie nts and paid professional advice to bidders 
and other entities;  
 (3) Evaluates the eligibilit y and the qualification of bidders to participate in 
procurement process, concludes fr amework agreements, compiles and publishes it in  the Bulletin: 
   (a) The list of bidders, who signed framework agreements;  
  (b) The list of pre-qualified potential bidders. 
  (4) Implements the e-procurement syst em service and coordination functions; 
  (5) Compiles and publishes el ectronic newsletters on g oods, works and services, 
analyses procurement statisti cs and publishes opinions; 
 
 (6) Conducts a random assessment of technical  specifications of procurement subject 
and bidder qualification criteria approved by a Client in order to ensure the compliance to the 
requirements for ensuring compet ition and non-discrimination stipulated under this law.  The 
results of assessment are submitted to th e clients and the Authorized Body. 
 
 (7) Ensures the existence of a procurement su pport service (hotline) in order to register 
procurement related signals and promptly respond to the questions;   (8) Acts as the secretariat of the Procurement Complaint Review Board: 
 
  (a) Organizes the Board activities; 
 
(b) Evaluates the completeness of receive d complaints (appeals) and provides 
an opinion on all complaints to the Board; 
 
  (c) Publishes the Board decisions. 
  (9) Implements other powers set out by this law, the Republic of Armenia government and the Authorized Body.  2. The powers of the Center for Procurement Support are set out in the contract concluded 
between the Center and the Authorized Body. GPA/ACC/ARM/12 
Page 16  
 
SECTION 3:  PROCUREMENT METHODS AND APPLICATION CONDITIONS THEREOF 
 
17. Article 17:  Procurement methods 
 
1. The procurement methods are:  
 
 (1) Open procedure;   (2) Competitive dialogue;  
 (3) Restricted procedure; 
  (4) Negotiations.  2. The open procedure is the preferable a nd basic procurement method.  Only in cases 
stipulated in this law, other methods of procurement can be used. 
 3. The procurement procedure results in co ntract or framework agreement signing. 
 4. A framework agreement is concluded, if the su bject of procurement is periodically used and 
is included in the list of procurements carried out under framework agreements stipulated in the 
Article 4, paragraph 5(3) of this law.  Otherwise, a contract is concluded. 
 5. If goods, works or services of general use with standard (similar) technical specifications 
are purchased and their price do es not exceed the Procurement base unit by twenty times, the 
procurement could be carried ou t by a simplified procedure. 
 
6. Procurement can be carried out from commodity, labour or service exchanges. 
 
18. Article 18:  Conditions for use of a competitive dialogue 
1. Prequalification procedure is arranged, if a competitive dialogue procedure is to be used.  
Any bidder can participate in prequalification procedure.  The Client submits an invitation and invites for dialogue only prequalified bidders.  The purpose of the dialogue is to develop one or more alternative descriptions of procurement subject that meet the Client's requirements.  As a 
result of the dialogue, the Client issues a final invitation to prequalified bidders. 
 2. The competitive dialogue procedure could be used, if the Client:   (1) Is not objectively able to specify the description of procurement subject in 
accordance with the provisions of this law and 
  (2) Gives the bidders an opportunity to propose possible alternative descriptions of procurement subject;  or   (3) There is a need to negotiate with the bidde rs to clarify some specific features of the 
procurement subj ect description. 
 3. In cases of concludi ng public-private pa rtnership, including asset management and 
concession contracts.  GPA/ACC/ARM/12 
 Page 17 
 
 
  19. Article 19:  Conditions for use of a restricted procedure 
 
1. Prequalification procedure is arranged, if a restricted procedure is to be used.  Any bidder 
can participate in prequalification procedure.  Only prequalified bidders, who have received an invitation from the Client, can submit bids. 
 
2. In case of a restricted procedure:   (1) No negotiations are held;  
 (2) The deadline for submission of bids should be no less than 40 calendar days from 
the date of disclosing the list of prequalified bidders;  3. Restricted procedure is used, if the procurem ent process contains stat e, official or bank 
secrecy.  20. Article 20:  Conditions for use of a negotiation procedure 
 
1. In case of negotiation proced ure the Client negotiates the terms and conditions of the 
contract with prequalified bidde rs and concludes the contract. 
 
2. The negotiation procedure is arranged: 
  (1) By initially publishing a procurement announcement;  or   (2) Without initially publishing a procurement announcement. 
 
3. Negotiation procedure with initially pu blished procurement announcement could be 
arranged, if:   (1) Procurement is carried out to purchase specific non-tangible ass ets such as design 
of works, research, expertise, expe rimental or scientific activities; 
 
 (2) Due to emergency or other unforeseeable circumstances, there arise an urgent need 
for procurement and open or restricted procedure cannot be used due to time constraints, provided 
that such need was impossible to foresee.  
4. In cases foreseen under paragrap h 3 of this Article, the Client: 
  (1) Arranges prequalification procedure and negotiates with prequalified bidders their bids to select the best proposal;   (2) Ensures equal rights to all bidders; 
 
 (3) May arrange a negotiation procedure w ith consecutive stages applying criteria set 
out in the invitation.  5. Negotiation procedure without initially published procurement announcement could be 
arranged, if: 
  (1) Due to copyright or related rights, existe nce of special or excl usive right the goods, 
works or services can be obta ined from a single source; GPA/ACC/ARM/12 
Page 18  
 
 (2) There arise an urgent need for proc urement and, due to emergency, another 
procurement procedure cannot be u sed due to time constraints, provided that such need was 
impossible to foresee;   (3) Additional quantities of products are be ing purchased, which are intended to replace 
or extend the equipments/installations  initially supplied by a supplier, where a change of the original 
supplier would oblige the Client to acquire products  having different technical characteristics which 
would result in incompatibility or disproportionate te chnical difficulties in operation and maintenance.  
This condition shall apply only during 3-year pe riod following the signing of original contract; 
 
 (4) The Client, after carrying out procurem ent of works or servi ces from an entity, 
decides that an additional proc urement of works or services not in cluded in the original contract, 
which due to unforeseen circumstances have beco me necessary for the perfor mance of the original 
contract, shall be done from the same entity, provided that: 
 
(a) The additional works or services contract cannot be technically or 
economically separated fro m the original contract without significant 
inconvenience to the Client;  and 
 
(b) Its price would not exceed twenty percent of the price of the original 
procurement contract.  Under the provisio ns of this paragraph, an additional 
procurement from the same entity  can be done only once. 
  (5) For the goods that can be purchased on pa rticularly advantageous conditions for the 
Client from either an entity which definitively wi nds up its business activities, or the receivers or 
liquidators of a bankruptcy, an arrangement with creditors or a similar procedure; 
 
 (6) The price of procurement subject do es not exceed the Procurement base unit. 
 
21. Article 21:  Prequa lification procedures 
 
1. In case of arranging prequalification procedure: 
 
 (1) A prequalification announcement is published;   (2) The deadline for submission of prequalification application cannot be less than 25 calendar days after publishing the announcement on prequalification. 
 
2. The prequalification announcement in Armenian, English and Russian is published in the Bulletin and contains the following information:   (1) Name and location of the Client;  
 (2) Code of the prequalification procedure; 
  (3) A notice on the right of applicants to participate in the prequalification procedure;   (4) Language(s), in which the prequalif ication application shall be submitted; 
 
 (5) A clear summary of the content of  the contract and procurement subject 
descriptions;   (6) The procedure for preparation and submission of prequalification application, 
including the format and venue, the deadline for submission;  GPA/ACC/ARM/12 
 Page 19 
 
 
   
 (7) The requirements set out for applicant's eligibility to bid and qualification and the 
procedure for th eir evaluation; 
  (8) Other necessary requirements relate d to the prequalifi cation procedure. 
 
2. The Client responds, within three calendar days, to the bidder's request for explanations about the prequalification, if such request had been received no later than five calendar days prior to 
the deadline for submission of prequalificatio n bids.  The Client m eanwhile publishes in the 
Bulletin information about the request and provided explanations without disclosing the data of the 
inquirer.  When providing information to a bidder, the Client shall ensure the accessibility of that 
information to all other potential bidders.  3. At least 5 calendar days prio r to the deadline for submission  of prequalification application 
changes can be made therein.  If a change is made: 
 
 (1) Information about such ch anges shall be circulated in the same way as the initial 
prequalification announcement and prequalifi cation application have  been disseminated; 
  (2) Within 3 calendar days of making such changes an announcement about the changes made and the conditions for their provision shall be published in the Bulletin; 
 
 (3) The deadline for submission of prequalification application is calculated from the date of publishing an announcement about such changes in the Bulletin.  4. The eligibility of the bidder to bid and the bidder's qualifi cation are evaluated in accordance 
with the procedure set out in the prequalification invitation, and a list of prequalified bidders is 
drafted.  5. Prequalified bidders are eligible to participate furt her in procurement process. 
 6. The minutes on results of the prequalification procedure, which constitute an integral part 
of the minutes of procurement procedure, are drafted and sent to participants of the prequalification 
procedure within five calendar days after finaliz ing the results of the bi dder's prequalification 
procedure.  7. In the event if up to three bidders ha ve submitted prequalification application, the 
evaluation commission may decide to: 
  (1) Re-publish the prequalification announcement;  or   (2) Arrange new prequalification procedure;  or  
 (3) Cancel prequalification procedure. 
 
22. Article 22:  Impermissibility of procuremen t packaging or slicing and of amending the 
procurement subject descriptions  
1. To avoid slicing of procurement procedure, it is prohibited: 
  (1) To divide the procurement into separate lots with the purpose to avoid the use of open or restricted procedure;  GPA/ACC/ARM/12 
Page 20  
 
 (2) To amend the descriptions of good s, works and services envisaged in the 
procurement contracts.  2. It is prohibited to combine procurement subjects with different  descriptions into  one lot, if 
they can be presented in separate lots. 
 
SECTION 4:  IMPLEMENTATION OF OPEN PROCEDURE 
 
CHAPTER 1:  SOLICITATION OF BIDS 
 
23. Article 23:  Evaluation commission 
 
1. An evaluation commission composed of up to nine members is formed by a decree of the 
Client's head, which:   (1) Approves the texts of announcement and invitation; 
  (2) Makes amendments  in the invitation; 
 
 (3) Provides explanations a bout the procurement procedure; 
  (4) Opens and evaluates the bids;  
 (5) Select the winning tender(s). 
 2. The commission has a chairman and a secr etary, who are appointed by the decree on 
establishment of the commission.  The secretar y is not a member of the commission and: 
  (1) Facilitates the commission's activities; 
 
 (2) Receives and registers bids;   (3) Develops and submits to the commission draft documents subject to the commission's 
approval; 
 
 (4) Provides the invitation;   (5) Records and stenographs information on the commission's activities by developing 
appropriate documents and ensures the safety of those documents during the commission's operation; 
 
 (6) Arranges provision of procurement procedure related explanations;   (7) Bears responsibility for compliance of the commission's activities to the 
requirements of the Republic of Armenia legislation on procurement;  
 (8) Implements other powers reserved to him/her. 
 3. The members and the secretary of the commi ssion must - throughout the entire operation of 
the commission - keep the confidentiality of information disclosed in the bids that they personally learnt, except cases stipulated in this law.  GPA/ACC/ARM/12 
 Page 21 
 
 
  24. Article 24:  Tender an nouncement and invitation 
 
1. Tender announcement and invitation are published in the Bulletin to attract bidders to an 
open procedure.  
2. In case of open procedure, the deadline for bi d submission shall be at least forty calendar 
days from the publication of the announcement and the invitation in the Bulletin.  3. The invitation contains the following information:  
 (1) Name and location of Client; 
  (2) Code of open procedure;   (3) Brief and clear summary of the cont ent of contract and procurement subject 
descriptions; 
  (4) Announcement about the right of bidders  to participate in the open procedure; 
  (5) Conditions for obtaining a hard copy of the invitation, including charges and payment procedure thereof; 
 
 (6) Language(s), in which the bids must be submitted;   (7) Summary of bidder qualification criteria;  
 (8) Criteria to be used for establishing the winning bidder; 
  (9) Procedure, venue and deadline for bid submission;   (10) Name and location of the body respon sible for appeal and precise information 
concerning deadlines for lodging appeals; 
 
 (11) Procedure, venue, date and time of bid opening;   (12) Other information, if necessary.  
4. An entity has the right to receive a hard co py of the invitation on the same day when, on the 
basis of the invitation, it submits that written request to the Client.  5. If the estimated price exceeds the fifty proc urement base units, the bidder has the right to 
request also English and Russi an copies of the invitation. 
 
6. In case of providing a hard co py of the invitation for an op en procedure a charge could be 
levied, which cannot exceed the costs for phot ocopying and delivering the invitation.  The 
invitation specifies the procedure for issuance of English and Russi an copies of the invitation, 
including the procedure for calcu lation of charges thereof is specified in the invitation. 
 
7. Failure to receive the invitation as prescribed  under this Article does not limit the right of 
the bidder to participat e in the open procedure. GPA/ACC/ARM/12 
Page 22  
 
25. Article 25:  Content of invitation 
 
1. The invitation shall contain: 
  (1) A reference to the published announcement , as a supplement to which the invitation 
is extended; 
  (2) Instructions for bid preparation;   (3) Qualification criteria, bi dder eligibility criteria and procedure for their evaluation; 
 
 (4) The descriptions of  procurement subject; 
  (5) Procedure for bid evaluation and selection of a winning bidder;  
 (6) A draft contract; 
  (7) If the procurement is carri ed out in lots and bidders ar e allowed to submit bids for a 
part of goods, works or services tendere d, the terms and conditions thereof; 
  (8) Procedure for calculation of price offered in the bid; 
 
 (9) A note that the offered price, beside s the value of goods, works and services, 
includes also the costs for transpor tation, insurance, duties, taxes and other charges and cannot be 
less than their cost price calcul ated and presented in the bid; 
 
 (10) Requirements related to bid sec urity and contract performance security; 
  (11) Conditions for submission of bids, including the form, venue, deadline and the language of bid, as well as the bid validity deadline;   (12) Procedure for receiving explanations on procurement procedur e, information on 
meetings to be arranged with the bidders as  well as the name of the evaluation commission's 
secretary;   (13) Procedure, venue, date and time of bid opening;  
 (14) References made to the pr ovisions of this la w and other legal acts in relation to this 
procurement;   (15) Conditions for proposing a contract award;   (16) The right of the bidder  to appeal against the procur ement process related activities 
(standstill) and/or the adopted d ecisions and the procedure thereof; 
  (17) The bases for bid rejection;   (18) Procedure for publishing the ann ouncement about the deci sion to award the 
contract; 
  (19) Other information necessary for prepara tion, submission, opening and evaluation of 
the bid as well as other procurement related information.  GPA/ACC/ARM/12 
 Page 23 
 
 
  2. The tender invitation also  envisages that the bidder: 
  (1) Submits in the bid a statement verified by  himself/herself justif ying the eligibility to 
participate in the procurement and the compli ance to qualification criteria specified in the 
invitation, provided that, in cases and in manner prescribed in this law, the bidder assumes an 
obligation to submit the documents (information)  specified in the invitation justifying the 
statement;   (2) Submits in the bid a statement verified  by himself/herself about the absence of 
abuse of dominant position and collusion. 
 
26. Article 26:  Clarification of invitation and amendments therein 
 
1. The bidder has the right to request a clarification about the invitation at least five calendar 
days prior to the deadline for submission of bids.  The clarification to the inquirer is provided 
within three calendar days of receiving such request. 
 2. On the day following the date when the cl arification is provided to the inquirer, an 
announcement on the content of request and of prov ided clarification is published in the Bulletin, 
without disclosing the data on the inquirer.  
3. A clarification is not issued, if the request is  submitted with a violat ion of the deadline set 
out in this Article as well as if the request is out of the invitation's scope.  4. Amendments in the invitation can be made at least five calendar days prior to the deadline 
for submission of bids.  In case of an open pr ocedure, an announcement about the amendments 
made and the conditions for their issuance are pub lished in the Bulletin within three calendar days 
after the day such amendments are made; in case of  a restricted procedure, the amendments are 
provided to those bidders, who received an invitation. 
 5. In case of amendments in the invitation for an  open procedure, the deadline for submission 
of bids is calculated from the day of publishing in the Bulletin an announcement about the 
amendments; in case of a restricted procedure - fr om the day when the amendments made in the 
invitation are provided to the bidd ers.  In this case, the bidders must  extend the validity period of 
their bid securities or provide new bid securities.  6. Minutes of the activities carried out under this Article and their results are drafted and 
attached to the minutes of the procurement procedure.  
 
CHAPTER 2:  BIDS 
 
27. Article 27:  Submission of bids 
 
1. The bidder submits the bid following the procedure specified in the invitation.  The 
invitation includes the following items verified by the bidder: 
  (1) The statement on compliance of the bidder' s data to the requirements specified in the 
invitation;  
 (2) Price proposal; 
 GPA/ACC/ARM/12 
Page 24  
 
 (3) Bid security;   (4) Non-price proposal (technical proposal), if stipulated by the invitation;   (5) Other documents specified in the invitation. 
 
2. If the bid is submitted in a hard copy format, the bidder's proposals and related documents are put into an envelope, which is glued and sealed (if applicable ) by the submitting party.  The 
documents placed into the envelope consist of th e original documents and the number of copies 
indicated in the invitation.  Th e packages of documents are marked  with the words "original" and 
"copy" respectively.  The envelope and the documents envisaged in the invitation and prepared by 
the bidder are signed by the person submitting them or a person authorized by the latter (hereinafter referred to as "agent").  If the bid is submitted by the agent, a document verifying such authority of the latter is included in the bid.  
3. On the envelope aforementioned in the paragraph 2 of this Article, in the language of the 
bid, are indicated:   (1) The name of Client and the venue (address) of bid submission; 
  (2) The code of open procedure; 
 
 (3) The words "do not open un til the bid opening meeting"; 
  (4) The name, location and telephone number of the bidder.  
4. The secretary enters the bids into the regi ster in order of receipt by indicating on the 
envelope the registration number, date and time.  At the request  of the bidder, a receipt thereof is 
issued.  5. The bids, which do not satisfy the requirem ents of this Article, are rejected by the 
evaluation commission at the bid opening meetin g and returned to the submitters unaltered. 
 
6. The bidders can participate in the procur ement process as a consortium.  In such cases: 
  (1) The bid also includes an agreement on joint venture; 
 
 (2) When evaluating the bid, the unified qual ifications of all parties to the agreement 
on joint venture are taken into account;   (3) The bidders bear jo int and several liability. 
 7. The invitation specifies the requirements for participation in th e procurement process as 
consortium.  
 
28. Article 28:  Validity p eriod of the bid, its withdr awal and amendments therein 
 
1. The bid is valid until the contract (framework  agreement) signature, the withdrawal of the 
bid by the bidder, the bid rejection or the cancellation of the procurement procedure under this law. 
 2. The bidder can amend or withdraw the bid un til the deadline for th e submission of bids.  GPA/ACC/ARM/12 
 Page 25 
 
 
  3. If the bid is submitted in a hard copy format, the notification about changes in the bid is 
sent in an envelope prepared as stipulated under the Article 27(2) of this law by adding on it the word "amendment".  In case of bid withdrawal, the bidder, prior to th e bid opening, submits a 
written notice thereof.  29. Article 29:  Bid security  
1. The bidder provides with th e bid a bid security as prescrib ed in the invitation, and 
determines the amount of bid security, which cannot be  less than two percent of the price offered in 
the bid.  The bidder submits the bid security as a va lidated unilateral statement - fine.  The standard 
form of the fine is set ou t by the Authorized Body. 
 2. The bid security - the penalty - is paid by the bidder , if that bidder: 
  (1) Is announced a selected bidder but will refuse or be deprived of the right to 
conclude contract; 
  (2) Breaches an obligation assumed under the procurement process leading to the 
termination of that bidder's furt her participation in the process; 
  (3) Refrains from further participation in the procurement process after the bid opening. 
 
3. In case of concluding framework agreements, the amount of bid security is equivalent to the procurement base unit. 
 
CHAPTER 3:  OPENING AND EVALUATION OF BIDS 
 
30. Article 30:  Opening of bids 
 
1. The bids are opened at the time indicated in the invitation, at the bid opening meeting.  The 
date and the time of the bid opening shall coincide with the deadline for their submission.  The bids 
for a restricted procedure, upon a written consent of  all bidders that received an invitation, can be 
opened prior to the deadline indicated in the invitation. 
 
2. At the bid opening meeting the following are disclosed: 
  (1) The name of each bidder;   (2) Information on preparation and submission of envelopes containing the bids in terms 
of compliance to the invitation requirements; 
 
 (3) Information on availability of documents  required in the invitation in each of the 
opened bids;   (4) Information on compliance of documents  submitted by each bidder to the validity 
terms specified in the invitation; 
  (5) The price, in letters and numbers, offered by each bidder;   (6) Information on withdrawal of or amendments in the bids. GPA/ACC/ARM/12 
Page 26  
 
3. After the bid opening, minutes are drafted and attached to the minutes of procurement procedure.  The minutes are signed by the members of evaluation commission present at the meeting.  The minutes contain:   (1) Information on venue, da te and time of bid opening; 
 
 (2) The names and addresses of bi dders, who have submitted bids; 
  (3) Data on preparation and submission of envelops in terms of compliance to the 
invitation requirements; 
 
 (4) Data on availability of documents required in the invitation in each of the opened 
envelops;   (5) Data on compliance of documents submitte d by each bidder to the conditions set out 
in the invitation; 
  (6) The price offered by each bidder;   (7) Information on the bidder ranked the fi rst and other bidders ranked in descending 
order; 
 
 (8) If the bidding is canceled, the grounds for such cancellation;   (9) Information on bid related inquiries and answers provided thereto;  
 (10) The venue, date and time of the commission's next meeting; 
  (11) The names of commission members present at the meeting.  4. If a member of the evaluation commission and(or) a bidder want to express an opinion (special opinion) on bid opening that has not been r ecorded in the bid opening minutes, it is submitted 
in writing and attached to the minutes specified under the paragraph 3 of this Article. 
 5. Bidders and their representatives can be pr esent at the evaluation commission's meetings. 
Bidders or their representatives can require copi es of the minutes of the evaluation commission's 
meetings, which are provided within one calendar day.   The Client shall ensure the protection of the 
information which the bidders have indicated as co nfidential and shall bear responsibility stipulated 
by the Republic of Armenia legislation for damage s caused to the bidders as a result of disclosing 
such information, unless such information is subject to mandatory disclosure under this Law. 
 6. Immediately after the bid opening meeting, a member of the commission, who has a conflict of interests related to the given procurement proce dure, renounces the participation in that procedure; 
otherwise, the chairperson of the commission dism isses such a member.  If the chairperson of the 
commission has a conflict of interests related to  the given procurement procedure then he/she 
renounces the participation in that procedure and is substituted in that procedure by another member 
of the commission.  Members of the commission si gn a statement about the absence of conflict of 
interests. 
 
7. On the calendar day following the bid opening meeting, a copy of the minutes of the bid opening meeting are provide d to the bidders, who or whose representatives did not participate in that 
meeting.  GPA/ACC/ARM/12 
 Page 27 
 
 
  31. Article 31:  Bid evaluation 
 
1. The bids are evaluated following the proce dure specified in the invitation.  The bids 
compliant to the conditions specified in the invitation are rated as satisfactory;  otherwise the bids are 
rated unsatisfactory and rejected. 
 
2. The winning bidder is determined:   (1) From the bids rated satisfactory by a method that gives preference to the bid with the least price proposed;  or 
 
 (2) By choosing the bidder, whose price proposal and non-price criteria have scored the highest sum total.  When using this method, during th e bid evaluation, in addition to the offered price, 
other non-price criteria measurable in monetary terms are taken into account in cases and following the procedure specified in the invitation.  The non- price criteria must be link with the subject-matter 
of the contract and their relative weighti ng shall be disclosed in the invitation. 
 3. If there is an inconsistency in the bid between  the amounts in letters and in numbers, then the 
amount in letters is taken as the basis.  If the pri ces are offered in two or more currencies, they are 
compared in Armenian Drams at the exch ange rate specified in the invitation. 
 
4. In cases specified in the invitation and follo wing the procedure set out therein and in this 
Law, an electronic auction is arranged.  5. After determining the bidder  ranked the first and other bidde rs ranked in descending order, 
within the deadline specified in the invitation: 
 
 (1) The bidder ranked the first submits to  the commission documents (information) 
specified in the invitation justifying the right to  participate in procurement and the compliance to 
qualification criteria set out in the invitation;   (2) The commission evaluates the complian ce of the documents (information) submitted 
under the item 1 of this paragraph to the requirement s specified in the tender invitation and, in cases 
and in accordance with the procedure set out in th e invitation, evaluates the reasonableness of price 
and non-price (technical) proposals of that bidder.  6. The bid are rated satisfactory, if the document s specified under the paragraph 5 of this Article 
satisfy the requirement set out in the invitation.  In  this case, the bidder is declared a selected bidder. 
 7. If, as a result of evaluation under the para graph 6 of this Article, the bid is rated 
unsatisfactory, the commission requires the bidder ranked next to submit the documents. 
 8. Based on the bid evaluation results, the minutes of the bid evaluation meeting are drafted and 
attached to the minutes of the procurement proc edure.  Members of the evaluation commission 
present at the meeting sign the minutes.  
32. Article 32:  Contract performance security 
 
1. Pursuant to the request for submission of a contract performance security and within five 
calendar days after receiving such request, the selected  bidder must submit the contract security.  The 
selected bidder is awarded the contract, if he/she provides a contract security. GPA/ACC/ARM/12 
Page 28  
 
2. The amount of contract performance security shall be no less than five percent and shall not 
exceed ten percent of the contract price.  Th e selected bidder submits the contract performance 
security as a validated unilateral statement – fine.  3. If the Client requires an advanced payment under the contract, the selected bidder provides an 
advance payment guarantee in the amount of the a dvance payment.  The contract specifies the 
repayment procedure for the advance payment.  4. Unless otherwise stipulated in the contract , the contract performance security and (or) 
advance payment guarantee are returned to the subm itter no later than five calendar days after the 
contract execution completion. 
 
33. Article 33:  Signing of procurement contract 
 
1. The Client signs a contract based on a decision of the evaluation commission.  
2. The Client, within two calendar days afte r the selected bidder was announced, notifies the 
selected bidder offering to sign a contract and providing a draft contract.  3. If, after receiving the notice on contract award and the draft contract, the selected bidder fails to sign the contract within the deadline set out in th e invitation and to submit to the Client a contract 
performance security as well as an advance payment gua rantee, if an advanced payment is stipulated 
under the contract, then the selected bidder is deprived of the right to sign the contract. 
 4. Prior to the deadline stipulated in the paragr aph 3 of this Article and upon the consent of the 
parties, the draft contract could be amended, howev er such amendments cannot lead to the changes in 
the specifications of procurement subject or to an increase of the price offered by the selected bidder. 
 
34. Article 34:  Finalization of results 
 
1. The meeting on finalization of bidding results , where the latter are announced, is convened on 
the next calendar day after the contract signing with the selected bidder or on the next business day 
after it becomes apparent that, as a result of an open procedure, no contract is awarded. 
 2. Minutes of the meeting on finalization of results  are drafted and attached to the minutes of the 
procurement procedure.  Members of the evaluation commission present at the meeting sign the minutes. 
 
3. If a member of the evaluation commission and(or) a bidder want to express an opinion (special opinion) on finalization of bidding results  that has not been recorded in the minutes on 
finalization of results, it is submitted in writing and attached to the minutes specified under the paragraph 2 of this Article.  35. Article 35:  Declaring a procurement procedure ineffective  
1. The bidding is declared ineffective, if: 
  (1) None of the bids complies with the invitation conditions; 
 
 (2) The need for procurement ceased to exist;   (3) No bid has been submitted;  
 (4) A contract is not awarded.  GPA/ACC/ARM/12 
 Page 29 
 
 
  2. After the bidding is declared ineffective, th e opening of unopened bids is prohibited and they 
are returned to the bidders.  3. In order to publish in the Bulletin, within five calendar days  after the procurement procedure 
is declared ineffective, the Client furnishes to the Authorized Body an announcement indicating the 
grounds for declaring the bidding ineffective.  No announcement is published for procurements 
containing state, official or bank secrecy.  
36. Article 36:  Inadmissibility of negotiations with bidders, detection and prevention of 
cases related to restriction of economic competition 
 1. Negotiations between the evaluation commission,  the Client and the bidders are prohibited, 
except:   (1) If there was one bidder, who participated  in the open procedure and submitted a bid 
compliant to the requirements of the invitation, or there was only one bid evaluated – as a result of bid 
evaluation - as compliant to the requirements of the invitation.  The negotiations under this paragraph 
can lead only to the offered price reduc tion and/or changes payment conditions;  
  (2) Other cases specified in this law.  
2. The Authorized Body cooperates with othe r relevant bodies in order to identify cases of 
infringement of legislation on protection of ec onomic competition in the procurement process, 
including collusion and abuse of dominant position.  3. If the fact of a bidder's involvement in collusion or abuse of dominant position under the 
procurement process is proven as stipulated by the Republic of Armenia law, such bidder is included 
in the list specified under the Article 5, paragraph 1(4) of this law.   
37. Article 37:  Calculation of contract price 
 
1. Calculation of the contract price includes all payments (costs) to be incurred by the selected 
bidder to secure the contract execution and specified in  the bid of the selected bidder, including taxes, 
duties, transportation and insurance costs, bonus payments and profit. 
 2. The contract price can be variable, if th e contract price varies as a result of changing 
conditions (factors) stipulated under the contract.  Othe rwise, the contract price is fixed and the parties 
must fully execute their contractual obligations  in the framework of the contract price. 
 
CHAPTER 4:  ELECTRONIC AUCTIONS 
 
38. Article 38:  Conditions for conducting an electronic auction 
 
1. If specified in the invitation,  the award of the contract shall be preceded by an electronic 
auction. 
 
2. The electronic auction shall be based:   (1) Either, solely on pri ces when the contract is awar ded to the lowest price; GPA/ACC/ARM/12 
Page 30  
 
 (2) Or, on prices and/or on non-price criteria (proposals) indicated in the invitation, when the contract is awarded according to criteria which, in addition to the offered price, include 
also non-price criteria.  
39. Article 39:  Limitations for co nducting an electronic auction 
 1. The Client may not have improper recourse to electronic auction nor may use it in such a 
way as:   (1) To prevent, restrict or distort the competition;  or 
 
 (2) To change the requirements set out in the tender announ cement and invitation. 
 2. The procurement of consulting services can not be subject of the electronic auctions. 
 
3. When the Client intends to apply an electroni c auction, the invitation shall also include the 
following details:   (1) The conditions (features)  for conducting an electronic auction, taking into account 
that the proposal, which is subject  to auctioning, is quantifiable and can be expressed in figures or 
percentages; 
 
 (2) Any limits on the proposals, which may be submitted, as they result from the 
specification of procurement subject;   (3) The information which will be made available to bidders in the course of the 
electronic auction and the moment when this information will appr opriately be made available to 
them;   (4) The essential information concerni ng the electronic auction process; 
  (5) The conditions for bid submission by the bidders and, in particular, the minimum 
differences which will, if applicable, be required when bidding; 
  (6) Information concerning the electronic  equipment used and the arrangements and 
technical specifications for connection.  40. Article 40:  The procedure for conducting an electronic auction 
 
1. Before proceeding with an electronic auction,  the Client shall make a full initial evaluation 
of the bids in accordance with the criteria set out in the invitation. 
 2. To all the bidders which have submitted satisfactory bids shall be simultaneously sent a 
request to submit by electronic means new (revised ) prices and/or, by case, new (revised) non-price 
proposals.  3. The request shall also includ e information on the starting date and time of the electronic 
auction and all relevant data concerning individual connection to the electronic equipment being 
used. 
 4. The electronic auction may take pl ace in a number of successive rounds. 
 5. The electronic auction may not start sooner th an two calendar days after the date on which 
the request is sent out.  GPA/ACC/ARM/12 
 Page 31 
 
 
  6. In cases when other features than the pri ces will be subject of an electronic auction 
(bidding), the request provided for in paragraph 3 of this Article shall also contain information regarding:   (1) The outcome of a full evaluation of the relevant bidder; 
 
 (2) The mathematical formula to be used  in the electronic auction to determine 
automatic re-rankings on the basis of the new prices and/or on the ne w non-price proposals 
submitted.  That mathematical formula shall incorporate the weighting of the criteria fixed to determine the winner bid, as indicated in the invitation. 
 
7. Throughout each round of the electronic auction, the Client shall instantaneously (online) 
communicate to all bidders at least sufficient information to enable them to ascertain their relative 
ranking at any moment.  
8. During the performance of the rounds of electronic auction, the Client shall not disclose the 
new prices or the new non-price proposals or the identity of the bidders submitting them.  
41. Article 41:  Completion of an electronic auction 
 
1. The electronic auction shall be completed (closed) by one, or by a combination of the 
following conditions: 
  (1) At a certain moment set out in the invitation; 
  (2) The number of auction rounds, fixed in the invitation, has been completed; 
 
 (3) No more new prices and/or new non-pri ce proposals have been submitted.  In that 
event, the Client shall indicate in the invitation to  participate in the auction the time, which shall be 
allowed to elapse after receiving the last subm ission before closing the electronic auction. 
 2. The Client shall, following the procedure specified in this law, award the contract on the 
basis of the results of the electronic auction to  the bidder, which submitted the best proposal.  
 
SECTION 5:  PARTICULARITIES OF PROCUREMENT OF CONSULTING SERVICES 
 
42. Article 42:  Shortlist of consultants 
 
1. Unless otherwise stipulated in this law, the procurement of consulting services is done 
through an open or restricted pr ocedure in accordance with the procedure specified in this law. 
 
2. In the event of procurement of consulti ng services through an open or a restricted 
procedure, a prequalificat ion procedure for listing of  consultants is arranged  in accordance with the 
procedure stipulated under the Article 21 of this law.  Bidders that have passed the prequalification are eligible to participate furt her in the procurement process. 
 43. Article 43:  Procedure for de termining the selected consultant 
 
1. The selected bidder is determined from the submitted bids by the following selection 
methods specified in the invitation:   (1) Evaluated the highest by non-price conditions;  or GPA/ACC/ARM/12 
Page 32  
 
 (2) Compliant to the minimum non-price conditions and offered the lowest price;  or   (3) A non-price proposal evaluated the highest under the price ceiling; 
 2. The selected bidder can also be determined by a method of selecting the consultant, whose 
scores for offered price and experience, staff, proposed mode of service provision and(or) other 
non-price condition(s) have the highest sum total as rated under the procedure set out in the invitation.  3. The invitation specifies the procedure for selection of consultants, including conditions for 
applying consultant selection method  stipulated under this Article. 
 
44. Article 44:  Negotiations 
 
1. The provisions of draft procurement contract can be negotiated with the selected consultant; 
however, they cannot result in amending the descriptions of the procurement subject. 
 2. The negotiations with the consultant selected under the paragraph 1(1) of the Article 43 of this law, who received the highest score for non- price conditions , can result in decreasing the 
offered price and/or changes in payment conditions.  
SECTION 6:  APPEALING THE PROCUREMENT PROCESS 
 
45. Article 45:  Right to appeal  1. Any person has the right to file a complaint against the actions (inaction) and decisions of 
the Client, the evaluation commission and the Procurement Complaint Review Board. 
 2. Relations pertaining to procur ement, including complaints, ar e not administrative relations 
and are regulated by the Republic of Armenia civil legislation. 
 
3. As stipulated in this law, any person has the right:   (1) To lodge a complaint against the decisions of th e Client and the evaluation 
commission to the Procurement Complaint Review Board before the conclusion of the contract; 
 
 (2) To appeal the decision s of the Procurement Complain t Review Board, the Client 
and the evaluation commission in court.  4. Any person having an interest in concluding a particular transaction and who has been harmed by an infringement of the Client, the evaluation commission or the Procurement Complaint 
Review Board has the right to sue for damages at the court. 
 
46. Article 46:  Procurem ent complaint review board 
 
1. The Authorized Body shall publish the list  of members of the Procurement Complaint 
Review Board (hereinafter referred to as the Board).  The members of the Board must be Armenian 
citizens.  The members of the Board:   (1) Shall not be convicted for a crime linke d to economic activities or against the state 
service, except cases when such conviction has be en lifted or nullified as stipulated by law; 
  GPA/ACC/ARM/12 
 Page 33 
 
 
   (2) Shall possess suff icient knowledge of the Repub lic of Armenia legislation on 
procurement.  2. The Board is a unit implementing unprejudiced and independent review, which does not have any interests in the outcomes of the give n procurement process, and the members of the 
Board, when implementing their rights and responsibi lities, are protected from external influence.  
The members of the Board shall review the appeal s with due care, diligence and in an impartial 
way.  The Board and the members of the Board, when implementin g the competences stipulated in 
this law, are independent from the participants of  the procurement process, including the Clients, as 
well as from the state bodies and local self-gove rnments and officials.  When reviewing a 
complaint, they are neither representatives of any participant in the proceedings nor of the 
nominating organization and they are only obliged to apply and follow the law.  3. The Board shall include one representative of:  
 (1) The public administration bodies envisaged in the Republic of Armenia 
Constitution and laws;   (2) The Republic of Armenia urban communities;   (3) The Republic of Armenia Central Bank; 
 
 (4) Non-Governmental Organizations (Unions) registered in the Republic of Armenia, which have submitted a written request to the Authorized Body.  2. The individuals are appointed as members of  the Board for a period of 5 years.  The 
mandate of the Board member can be renewed for a period of up to 5 year s in the same way as for 
the appointment to the Board.  3. The competences of a Board member can  be revoked in the following cases: 
  (1) Upon request of  the Board member; 
 
 (2) Court sentence about legal incapacity or limited legal capacity of the Board member;   (3) Upon renouncement of  Armenian citizenship; 
 
 (4) A legally binding court sentence upon the Board member;   (5) Death of the Board member;   (6) Undertaking practice as judge, prosecutor, associate judge or prosecutor; 
 
 (7) Court sentence recogn izing the Board member as dead or missing person; 
  (8) An infringement by the Board member of his duties.  The infringement shall mean:  
(a) The performance of the Board member's functions in an impartial manner, 
including one-sided protection of inte rests of participants in appeal 
proceedings;  or 
 GPA/ACC/ARM/12 
Page 34  
 
(b) Failure to submit a request to be excluded from the proceedings due to the 
circumstances which render it impossibl e for the Board member to fulfill 
his duties. 
 
47. Article 47:  Operation of the Board 
 
1. A commission of the Board composed of three people is formed to review an individual procurement complaint received.  For each indi vidual case, the members of the Commission are 
randomly selected by rotation.  
2. The chairperson of the Commission must be a qualified lawyer with at least 5 years of 
professional work experience.  Th e members of the Commission must have tertiary education and at 
least 3 years of professional work experience.  3. The Commission reviews the complaint and adopts a decision on behalf of the Board 
according to this law and other legal acts.  Th e decisions of the Commission are adopted by a 
majority vote of its members; all its members, including the chairperson have one vote.  Members 
of the Board who have a conflict of interest in a specific procedure have to exclude themselves from that procedure;  otherwise the chairperson of  the Commission has to excl ude them.  Should the 
chairperson of the Commission have a conflict of in terest in a certain procedure, he or she has to 
withdraw from the specific procedure and another member of the Board has to take over for this 
specific procedure.  Members of the Commission sign  a statement on the absence of the conflict of 
interests.  4. Unless otherwise stipulated by the Republic  of Armenia legislation, the members of the 
Commission receive allowances.  
 
5. Based on this law and for the purposes of implementing its requirements, the Board 
approves a procedure for it s operation by a majority vote of its members. 
 
48. Article 48:  Procedure for lo dging a complaint to the Board 
 
1. A complaint to the Board shal l be lodged in writing, shall be signed and shall contain: 
  (1) The name and the address of the applicant;   (2) The name and the address of the Client; 
 
 (3) The code and the subject matter of  the appealed procurement procedure; 
  (4) The subject-matter of the disput e and the request of the appellant; 
  (5) The factual and legal grounds of the complaint, the evidence; 
 
 (6) Document verifying th e payment of appeal fee; 
  (7) Other requisite information.  
2. If the applicant appeals against the award d ecision, he or she can only lodge his or her 
complaint within the standstill period of the Article 9 of this law.  3. If the complaint does not meet the requirements under this paragraph, the Center for Procurement Support has to inform the applicant on behalf of the Board and give him or her a five-
day period to correct his or her application.  GPA/ACC/ARM/12 
 Page 35 
 
 
  4. The decision on a complaint is taken following a procedure in which the applicant, the 
Client and all parties involved ha ve the right to be present at the Board meetings and express their 
opinions.  5. A written decision on the complaint, includi ng justification for the d ecision, shall be taken 
and published no later than twenty calendar days after the receipt of the complaint.  The Board 
decision is legally binding.  6. The Board has the right to adopt the following decisions: 
 
 (1) Take by way of interlocutory proc edure, interim measures with the aim of 
correcting the alleged infringement or preventing further damage to the interests concerned, including measures to suspend the procurement pr ocedure or the implementation of any decision 
taken by the Client or the evaluation commission;  
 (2) Set aside individual deci sions, including the contract  award decision within the 
standstill period of Article 9, taken by the Clie nt or the evaluation commi ssion in the course of a 
procurement procedure;   (3) Declare an awarded contract ineffective:  
(a) If the Client has awarded a contract without prior publication of a contract 
notice according to this law; 
 
(b) In case of infringement of Article 9 or Article 49 (3) of this law, if this 
infringement has deprived the bidder concerned of the opportunity to 
institute a legal remedy before the conclusion of the contract and if this 
infringement is combined with the infringement of other provisions of the Republic of Armenia legislation on pu blic procurement and if this latter 
infringement has affected the chances  of the bidder concerned to get the 
contract. 
 
 (4) Notwithstanding the provisions of paragraph 3 of this Article, if the Commission 
considers, after examining all relevant aspects, th at overriding reasons of general interest impose 
the maintaining of the effects of the contract, it w ill order, instead, alternative sanctions, as follows: 
 
(a) The limitation of the contract performance, through the reduction of its 
execution deadline;  and/or 
 
(b) The application of a fine to the Client, of a maximum of 10 % of the value 
of the contract. 
  (5) In all the cases in which the sanction of ineffectiveness provided for in paragraph 6 
(3) of this Article cannot have retroactive eff ect, because the elimination of executed contractual 
obligations is impossible, the Commission will apply, in addition, the sanction provided for in paragraph 6(4)(a) of this Article;   (6) State about the lawfulness or unlawful ness of a procurement procedure of a Client 
after the conclusion of the contr act. That decision shall be the b asis for damage claims in court; 
  (7) Decide, if a bidder has to be included in the list of ineligible bidders.  GPA/ACC/ARM/12 
Page 36  
 
7. If the Board decides in favor of  the applicant, the Client is liable for recompensing to the 
applicant the damage caused and justified in  accordance with the established procedure. 
 8. The oral hearing of complaint is open to the public and an announcement on the complaint 
is published in the Bulletin within three calendar days  after its receipt.  In case of complaints lodged 
against the procurement processes cont aining state, official or bank secrecy, the announcement is 
sent to all potential bidders.  9. Any person, whose interests have suffered or  can suffer due to actions  served as the ground 
for lodging a complaint are entitled to participate in  the review procedure by submitting, prior to the 
deadline for decision on  the complaint, a similar complaint to the procurement complaint review 
board.  The person, who did not participate in the review procedure in accordance with this Article, 
is deprived of the right to submit to the Board a similar complaint.  10. The decision of the Procurement Complaint Review Board has to be published within five 
calendar days after its adoption in  the Bulletin and has to be sent to the Client, the Authorized Body 
and the parties involved in  the review procedure. 
 
49. Article 49:  Suspension of procurement procedure 
 
1. The Board shall grant an interim measure  required by an applicant as long as it is 
appropriate and necessary to preven t the pending damage until a final decision on the complaint is 
made.  2. The Board has to take the pr obable consequences of the interim measure for all interests 
likely to be harmed, including the public interest , into account and may decide not to grant such 
measures where their negative consequences could ex ceed their benefits.  A decision not to grant 
interim measures shall not prejudice any other cl aim of the person seeking such measures. 
 3. The application shall not au tomatically suspend the contr act award procedure; however, 
until the Board adopts a decision stipulated under the paragraph 1 or 2 of this Article, the Client does not have the right to conclude the contract.  
 
SECTION 7:  PECULIARITIES OF PROCUREMENT 
 
50. Article 50:  General peculiarities of procurement for public undertakings 
 1. For procurement carried out by public undertakings in the Republic of Armenia: 
  (1) Procurement related relations are regulated by procurement procedures adopted by those undertakings;   (2) Procurement procedures, advertisemen ts of procurement processes, invitations, 
announcements on signed contract s exceeding the Procurement base un it are published also in the 
Bulletin;   (3) Review of procurement is carried out in  accordance with the proc edure stipulated in 
the Section 6 of this law. 
 
2. The procurement procedures specified in the paragraph 1 of this Article cannot contradict to the objectives and principles set out in the Article 3 of this law, wh ile in case of public undertakings 
included in the list appr oved by the Republic of Armenia Public Services Regulatory Commission 
they should not contradict also to additional requ irements set out by the Pu blic Services Regulatory  GPA/ACC/ARM/12 
 Page 37 
 
 
  Commission;  the latter carries out monitoring over the implementation of such additional 
requirements based on the procedure it has set out.  
51. Article 51:  Specific exclusions in case  of procurement for public undertakings 
 
1. The provisions of this law are not applicable in cases when a public  undertaking intends to 
procure:   (1) Products that will be resold or leased to third parties, provided  that the undertaking 
concerned enjoys no special or exclusive right to se ll or to lease the subject of such contracts, and 
other undertakings are free to sel l or to lease similar products; 
  (2) Goods, services or works for the purpose to perform re levant activities in a third 
country, under conditions not involving th eir use within the Republic of Armenia; 
 
 (3) Goods, services or works for the purpose to perform ot her activities than relevant 
activities.  In cases when the contract is intended to cover several activities and among them at least 
one is a relevant activity, but it is objectivel y impossible to determin e for which activity the 
contract is principally intended, the procurement shall be made accord ing with the prov isions of this 
law.  52. Article 52:  Procurement for the Cent ral Bank of the Republic of Armenia 
 
1. In case of procurement for the Centra l Bank of the Republic of Armenia: 
  (1) The provisions of this law are inappl icable to procurement under the operational 
expenses of the Central Bank of  the Republic of Armenia; 
  (2) The competences reserved to the Repu blic of Armenia Government and the 
Authorized Body under this law are implemented by the Board of the Central Bank of the Republic 
of Armenia;  
 (3) The procedure for disclosing information subject to disclosure pursuant to this law 
is specified by the Board of the Central Bank of the Republic of Armenia;   (4) This law shall not apply to procurements  of entities founded by the Central Bank of 
the Republic of Armenia or with participation of the Central Bank of the Republic of Armenia; 
 
 (5) In terms of this law:  
(a) The requirements set out for the Procurement Support Center as well as 
those specified in the Article 15 paragr aph 5 of this law shall not apply; 
 
(b) Review of procurement is carried  out in accordance wi th the procedure 
stipulated in the Section 6 of this law; 
 
(c) The Procurement Support Center rend ers services to the Central Bank of 
the Republic of Armenia in the cases determined by the decision of the 
Board of the Central Bank of the Republic of Armenia. GPA/ACC/ARM/12 
Page 38  
 
53. Article 53:  Peculiarities of procuremen t for state or community non-commercial (non-
profit) organizations and entities with over fifty percent of government or community 
shareholding  
 
 Unless otherwise stipulated by the Republic of  Armenia laws, the provisions of this law are 
inapplicable in case of procurement for stat e or community non-commercial (non-profit) 
organizations and entities with over fifty percent of government or community shareholding.  
SECTION 8:  FINAL AND TRANSITIONAL PROVISIONS 
 54. Article 54:  E ffectiveness of law 
 
 This law comes into fo rce on January 1, 2011. 
 
55. Article 55:  Transitional provisions 
 
1. The provisions of this law do not apply to procurement contracts originated and not terminated prior to the effectiveness of this la w as well as to signed and ongoing procurement 
contracts;  while the relations thereof are regulate d by legal acts effective at the time of concluding 
those transactions.  
2. The Republic of Armenia "Law on Procurement" AL-160-N, dated 6 December 2004 is 
regarded as null and void from the moment of the entry of this law into force.  3. The legal acts and legal norms adopted in accordance with or pursuant to the Republic of Armenia "Law on Procurement" AL-160-N, dated 6 December 2004 continue to be effective to the 
extent that they do not contradict to this law. 
 4. The provisions of Article 15 paragraph 5 of this law shall come into force on 1 January 2012.  
56. Article 56:  Final provisions 
 
1. Tender announcements envisaged in this law: 
 
 (1) In addition to publishing in the Bulle tin, are also published by the Client in the 
printed media until 1 January 2013; 
 
 (2) The Authorized Body shall disseminat e (advertise) information on published 
announcements in the mass media.   
PRESIDENT OF THE REPUBLIC OF ARMENIA S. SARGSYAN 
__________