Regulations for public procurement in the Kyrgyz Republic

30/04/2021
2085 | 0
Kalieva Aian Askatovna
Research

a third-year student in Iskhak Razakov
Kyrgyz-German Technical Insitute,
KGTI, Logistic

Annotation: The article discusses the rules of public procurement according to the procurement methods.

Keywords: Law "On Public Procurement of the Kyrgyz Republic", web portal of public procurement,, procurement methods.

According to the Law "On Public Procurement of the Kyrgyz Republic", 1. Public procurement of goods, works and services is carried out by the following methods:

  1. single-step;
  2. two-stage;
  3. simplified;
  4. to lower the price;
  5. direct conclusion of the contract.

1) Single-stage competition:

The main method of public procurement is a single-stage competition. When conducting a one-stage tender, the number of suppliers (contractors) willing to participate in procurement procedures is not limited.

A single-stage tender for the purchase of goods, works and services is the main method and is used if, in addition to the price, it is necessary to establish quality criteria.

2) Competition by two-stage method:

2.1.) A two-stage tender is held if:

a) the procuring entity cannot determine in advance the specific, technical characteristics and quality indicators of the purchased goods, works or services and this requires discussion with suppliers (contractors) to make a decision that best meets the procurement needs of the procuring entity;

b) the subject of procurement is research, experiment, preparation of a scientific conclusion or provision of other specialized services.

2.2.) The tender is conducted in two stages using the two-stage method, and:

a) at the first stage, suppliers (contractors) are invited to submit initial bids containing their proposals without specifying the bid price in the tender documentation. The tender documentation should consist only of the technical, quality or operational characteristics of the subject of procurement, as well as the contractual terms of delivery and the qualification data of suppliers (contractors);

(b) In the first stage, the procuring entity may hold discussions with suppliers or contractors whose initial bids were not rejected in accordance with the provisions of this Law on any aspect of their initial bids. If the procuring entity conducts discussions with a supplier or contractor separately or jointly, it shall ensure that all suppliers or contractors participate in such discussions under the same conditions. Discussion separately with each supplier (contractor) is allowed only in cases where joint discussions are detrimental to the legitimate commercial interests of the supplier (contractor) or hinder fair competition;

c) based on the results of the first stage, a protocol is drawn up, which specifies information about the place, date and time of the first stage of the two-stage competition, the name (for a legal entity), surname, first name, patronymic (if any) (for an individual) and the address of each participant;

d) if at the end of the deadline for submitting applications for the first stage only one application has been submitted or no applications have been submitted, the two-stage competition is declared invalid;

e) in the second stage of the two-stage tender procedures, the procuring entity invites all suppliers or contractors whose initial bids were not rejected in the first stage to submit final bids with prices, taking into account the revised terms of procurement;

(e) The procuring entity is prohibited from changing the subject matter of the procurement, but is permitted to clarify aspects of the description of the subject matter of the procurement by:

1) the exclusion or modification of any aspect of the originally specified technical, quality or operational characteristics of the subject of procurement and the addition of any new characteristics that meet the requirements of this Law;

2) the exclusion or modification of any originally specified criteria for the consideration or evaluation of bids, or including new criteria that meet the requirements of this Law, if these criteria relate to changes in the technical, quality or operational characteristics of the subject of procurement;

3) notification of any exclusion, change or inclusion to suppliers or contractors in the invitation to submit final bids.

2.3.) The contest participants are subject to the same requirements. The winner of the competition is the tender application that participated in both stages and offered the best conditions for the performance of the contract.

2.4.) If, at the end of the deadline for submitting final applications for participation in the two-stage method, only one such application has been submitted or no such application has been submitted, or only one such application has been found to comply with the requirements of this Law and the tender documentation, or the tender commission has rejected all such applications, the two-stage tender shall be declared invalid.

3. Competition by the simplified method:

3.1.) The simplified tender method is used in the case of purchases of finished goods that do not require special manufacturing, works and services with a specific description for an amount less than the maximum threshold amount.

3.2). When conducting a tender by a simplified method, in order to ensure competition and effective selection, the procuring entity considers the bids for goods, works and services of at least two suppliers (contractors). Each supplier (contractor) is allowed to submit only one tender application and is not allowed to change it. No negotiations shall take place between the procuring entity and the supplier or contractor with respect to the tender submitted by that supplier or contractor. The winning bid is considered to be the acceptable bid with the lowest price that meets the needs of the procuring entity.

4. Competition by the method of lowering the price:

4.1.) The procedure for conducting the competition by the method of lowering the price is determined by the Government of the Kyrgyz Republic.

4.2.) The procuring entity may purchase goods and services using the reduced price method:

a) if these goods and services have established quality standards and a specific description of the services;

b) if there is a competitive market of at least three suppliers to ensure effective competition.

4.3.) The competition of the method for lowering the price is conducted through the web portal of public procurement in real time, where the purchasing organization sets the initial price that is ready to pay for the product or service, and suppliers offer their price offers, gradually reducing the price bar.

4.4.) The criteria used by the procuring entity in determining the winner of the tender must be expressed in quantitative and monetary terms.

4.5.) The winner of the competition by the method of lowering the price is the supplier who offered the lowest price offer. If the lowest price offer is submitted by several suppliers, the winner is the supplier whose offer was received earlier than the offers of other suppliers.

5. Direct contract procurement:

Procurement by direct conclusion of a contract - a public procurement procedure in which the procuring entity signs a procurement contract after monitoring prices among the received applications (proposals) on the web portal (with the exception of paragraphs 6, 11, 15 and 17 of part 4 of this article) or in the electronic catalog of the web portal. If the web portal has not received applications (proposals), purchases are made by conducting repeated monitoring by requesting applications (proposals) in paper form.

The procuring entity may require suppliers or contractors to sign a declaration guaranteeing the application. The supplier (contractor) must meet the qualification requirements established by the procuring entity, provided for in article 27 of this Law.

Depending on the above methods of procurement, you can highlight the main points and the rules of public procurement in the following table:

Table 1:

Procurement methods Number of participants Allocated amount Emphasis, preference, or priority The notification must be confirmed by the supplier Confirmation by the procuring entity Period of silence
single-stage If you need to set other criteria in addition to the price, a price quote is made at the end During the 1st calendar day Within 3 business days Not earlier than 10 calendar days and not more than 30 calendar days
two-stage At least 2 participants 1-stage compliance with the qualification requirements and compliance with the technical specification, 2-stage price quotation During the 1st calendar day Within 3 business days Not earlier than 10 calendar days and not more than 30 calendar days
simplified At least 2 participants Up to the maximum threshold amount for each item of expenditure during the year The winning bid is considered the acceptable bid with the lowest price, Price then quality During the 1st calendar day Within 1 business day Not earlier than 10 calendar days and not more than 30 calendar days
to lower the price At least 3 participants The winner of the competition is the supplier who offered the lowest price offer During the 1st calendar day Within 1 business day Not earlier than 10 calendar days and not more than 30 calendar days
direct conclusion of the contract Up to the minimum threshold amount or ∞ Price or quality During the 1st calendar day Within 1 business day Within 3 business days

In all procurement methods, the contract is concluded before the end of the validity period of the bidder's bid.

All of the above methods of procurement are used for the purchase of such types of purchases as: goods, work, service.

When making purchases, from the moment of creation and publication of the tender until the conclusion of the contract with the winning participant and the successful completion of this contract, compliance with the rules and regulations of procurement is mandatory, according to the Law "On Public Procurement".

References:

1. Law" On Public Procurement of the Kyrgyz Republic " No. 72 of April 3, 2015 (http://cbd.minjust.gov.kg/act/view/ru-ru/111125 )

2. The web portal of public procurement (http://zakupki.gov.kg/popp/home.xhtml?cid=1 )