Comparative analysis Public Procurement Law (PPL) the Kyrgyz Republic and the Agreement on Government Procurement of the World Trade Organization (GPA WTO)

25/10/2022
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Goloshchapova Anastasia
Research

At the end of 2021, procuring entities signed about 8.538 contracts for a total amount of more than 5 billion dollars and with a wide variety of goods, works and services. Public procurement plays a key role in the "National Development Strategy of the Kyrgyz Republic for 2018-2040" as one of the market-based tools for achieving smart, sustainable and inclusive growth with the most efficient use of public funds. Regulation public procurement should be modernized for broad participation in the procurement of representatives of small and medium businesses in order to mitigate unemployment and increase employment in the country. However, despite the increase in the volume of public procurement of goods, works and services, the savings of public funds after the procurement procedures in 2021 fell down by more than 38%. Given the above, it can be argued that the existing legal regulatory in the of public procurement, unfortunately, are ineffective sufficiently, especially in terms of covering the entire volume of goods, works and services procured by the government for public needs. To present date, 3240 procuring entities and 9510 suppliers registered on the portal of the public procurement website. According to the statistics of 2021, the most frequently used method "Direct contract" amounted to 41% among all procurement methods. I believe that this is a large percentage for this method and allows us to think about the imperfection of the procurement methods proposed in the PPL. It can also be assumed that this is the result of a trend in recent periods: state-owned enterprises and joint-stock companies with a state share did not begin to apply the PPL, attempts to ignore or not apply the PPL under various pretexts are intensifying, very often and in large volumes, goods, works and services are procured by the method “Direct contract” instead of open competitive bidding. In my final paper, the objects of analysis are:

  • Public Procurement Law of the Kyrgyz Republic (Edition 14.04.22)
  • Agreement on Government Procurement of the World Trade Organization (GPA WTO) (2012)

The area of analysis “Legal, Regulatory and Policy Framework” implies a reliable system for conducting public tender procedures in a transparent and fair environment for all parties. The following criteria are included in the Legal and Regulatory Framework area of analysis:

  1. Scope of application and coverage of the regulatory framework
  2. Procurement methods
  3. Procurement process
  4. Sustainable public procurement

Author: Goloshchapova Anastasia, Bachelor of the International School of Logistics and Public Procurement at the Kyrgyz State Technical University.

The full text of the final paper can be downloaded from the link: