FAQ

In accordance with paragraph 6 of part 4 of article 21 Of the law of the Kyrgyz Republic "on public procurement", the procuring entity has the right to independently conduct purchases by direct contract in cases of purchasing goods, works and services to localize the consequences of force majeure that require immediate recovery, an emergency (localization and (or) elimination of the consequences of emergency situations), an accident, the need for urgent medical intervention. It should be noted that according to part 2 of article 21 of this Law of the Kyrgyz Republic "on public procurement", in the event of force majeure that requires immediate recovery for the procuring entity, such as an accident in which the performance of the stipulated functions becomes impossible, the announcement and information about the procurement is not placed on the web portal of public procurement.
According to paragraph 6 of part 2 of article 10 of the Law of the Kyrgyz Republic "on public procurement", the procuring entity develops tender documentation on the basis of standard tender documents and sends it to the tender Commission for approval. In this regard, it is advisable to send questions about the provision to the procuring entity via the Portal in the section explanation of the tender documentation.

In accordance with part 2 of article 29 Of the law of the Kyrgyz Republic "on public procurement", during the evaluation, the procuring entity rejects the tender application if:

  • the supplier (contractor) that submitted this tender does not meet the qualification requirements set out in the tender documentation;
  • suppliers (contractors) have not signed a Declaration guaranteeing the bid, or have not submitted a guarantee for the bid (if required by the terms of the bid documentation);
  • suppliers (contractors) are in arrears in taxes or insurance premiums for state social insurance and social payments;
  • the technical parameters proposed in the tender application do not correspond to the technical specification of the tender documentation;
  • this tender application does not substantially meet the requirements of the tender documentation
When submitting a tender, suppliers (contractors) must provide a guarantee for the tender in the amount and form provided for in the tender documentation of the procuring entity.Ie.the supplier (contractor) must provide a guarantee for the tender from the planned amount of the procuring entity. At the same time, the supplier (contractor) pays an equivalent amount to the participating lot for the guarantee of the tender application.
The procuring entity initiates inclusion in the database of unreliable (unscrupulous) suppliers (contractors) , members of collegial Executive bodies, persons performing the functions of the sole Executive body, as well as persons included in such a register, if: 1) suppliers (contractors) and consultants recognized as the winner of the competition evaded the conclusion of procurement agreements (contracts) ; 2) suppliers (contractors) and consultants with whom customers have unilaterally terminated procurement contracts (contracts), during the performance of which it was established that suppliers (contractors) and consultants do not meet the requirements set out in the procurement documentation for suppliers (contractors), consultants, or suppliers (contractors) and consultants provided false information about their compliance with such requirements, which allowed them to become the winner of procurement procedures, as a result of which such contracts were concluded; 3) head or founder of a supplier (contractor) was engaged by the court for fraud and corruption, whose guilt is proved in accordance with law and established by a legally effective court decision. This rule does not apply if the criminal record of the managers or founders for the above-mentioned crimes has been cancelled or withdrawn in accordance with the established procedure; 4) suppliers (contractors) and consultants have violated the terms of the Declaration guaranteeing the tender application; 5) suppliers (contractors) and consultants have not fulfilled or improperly fulfilled their obligations under the procurement contracts concluded with them; 6) suppliers (contractors) and consultants have violated the requirements of article 6 of this Law.
In accordance with part 9 of article 29 of the Law of the Kyrgyz Republic "On public procurement", if the results of assessment of suppliers (contractors) provided bids with identical prices and conditions that meet the requirements of the tender documentation, the procuring entity shall send to the suppliers (contractors) submitting the same conditions and prices, request on the web portal of public procurement on the possibility of price reduction (discount) of the size of the originally proposed price. The winning bid is considered to be the bid of the supplier (contractor) that provided the lowest price (the highest discount) with justification. If, after reducing the price (providing a discount), suppliers or contractors have submitted identical offers (price, discount), the winner is determined by random selection (lot).
In accordance with part 7 of article 29 of the Law of the Kyrgyz Republic "About public procurements" the procuring entity shall reject a bid if it is determined that the bid price too low respect to the subject matter of the procurement and raises doubts about the ability of a supplier (contractor) submitting a bid to perform the procurement contract, provided that the procuring entity has requested (in writing) from the supplier (contractor) detailed information regarding the bids on those items, which raise doubts about the ability of the supplier or contractor to perform the contract. The decision of the procuring entity to reject the tender in accordance with this article, the reasons for such decision shall be recorded in the minutes of the procurement proceedings.

In the case that was set such requirements, then the evaluation of bids non-residents of the Kyrgyz Republic, which were submitted on the terms поставкиDAPилиCIP on the basic price (the price условияхDAPилиCIP) is added to (taken into account) the costs associated with taxes, customs duties, transport costs, etc. and after the match price totals tender applications of residents and nonresidents of the Kyrgyz Republic in the established order.

At the same time, we note that residents of the Kyrgyz Republic set the bid price taking into account all expenses.

Purchasing organizations in order to effectively plan the costs of purchasing goods, works and services, it is necessary to monitor the prices of purchased goods, works and services before the competition.

However, note that the procuring entity to monitor prices of goods, works and services may use publicly available information on market prices of goods, works, services, information on prices of goods, works and services received upon request from suppliers (contractors) that supply identical goods, works and services planned for procurements or at their lack of similar goods, works, services.

We also inform you that the purchasing organization can use data published on the official websites of the National statistical Committee of the Kyrgyz Republic to monitor the prices of purchased goods, works and services (www.stat.kg) and the State Agency for Antimonopoly regulation under the government of the Kyrgyz Republic (www.antimonopolia.gov.kg)

In accordance with part 4 of article 26 Of the law of the Kyrgyz Republic "on public procurement", the guarantee of the tender application is returned no later than three working days in the following cases: 1) the expiration of the tender specified in the tender documentation; 2) the contract of public procurement and the provision of a guarantee of performance of the contract, if the provision of such a guarantee provided in the tender documentation; 3) review bids prior to the deadline for submission of bids; 4) termination of procurement procedures without concluding a public procurement contract.
The price offered by the supplier( contractor) for goods, works and services that is lower than the planned purchase amount determined by the procuring entity by more than 20 percent for all public procurement methods.
The amount of amounts (minimum and maximum) by which the choice of the method of public procurement for each item of expenditure is determined. The amount of threshold amounts and the method of their application are established By the government of the Kyrgyz Republic