Publications
Aidai Baijigitova
2159 | 0
Procurement in an Emergency Situations
Department of logistics Class of log-1-19 As known, the organization of procurement activities in a state of emergency is carried out within the framework of a different algorithm which is aimed to simplify the procurement process in order to promptly conduct tender procedures and, accordingly, ensure faster deliveries of goods, works and services (consulting / non-consulting). When an emergency situation is declared in the country, or when it occurs in any specific location, public bodies immediately respond and take appropriate measures, including the purchase and provision of goods, works and services (consulting / non-consulting) necessary for fight against emergencies. Before moving on to procurement procedures in an emergency, it is advisable to briefly describe the concept of emergency. The Law of the Kyrgyz Republic "On Civil Protection" dated May 24, 2018 No. 54 gives the following definition of the term "emergency situation - a situation that has developed in a certain territory of the Kyrgyz Republic as a result of a dangerous natural or man-made phenomenon, accident, disaster, natural or other disaster, the impact of modern means of destruction that may or have resulted in human casualties, damage to human health or the environment, significant material losses and disruption of the living conditions of people. " In the event of an emergency, the authorized body in the field of civil protection is obliged to ensure "the priority life support of the population in the emergency zone - the timely satisfaction of the primary needs of the population: in water, food, basic necessities, medical services and facilities, utilities, housing, transport and information support”. Also, this Law determines that organizations in the field of civil protection, among other things, are obliged to create "stocks of material, technical, food, medical, individual and collective means of protection", which in turn implies a significant role in forecasting emergencies and, consequently, appropriate procurement planning. The main problems of inventory management in an emergency situation is the lack of time for its formation and / or the lack of the necessary financial resources, which often does not allow to fully and timely meet the needs in emergency situations and eliminate their consequences. To solve these problems, it is necessary to be able to simplify procurement procedures and ensure their efficiency. Below are the procurement methods (excerpts from national legislation) aimed at achieving these objectives. The Law of the Kyrgyz Republic "On Public Procurement" dated April 3, 2015 No. 72 states that: The procuring entity has the right to independently carry out purchases by the method of direct conclusion of an agreement in cases where the purchase of goods, works and services in the event of an emergency situation only in the mode of high readiness and (or) liquidation of the consequences of an emergency to localize the consequences of force majeure, accidents requiring immediate recovery, as well as in the event of an urgent medical intervention; and The procuring entity may select individual consultants without a tender (using the direct contracting method) only in cases where the situation is extraordinary due to force majeure. When using this method, the procuring entity signs a procurement contract after monitoring prices among the received bids (proposals); According to the amendments made (of December 18, 2020) to the Law of the Kyrgyz Republic on Public Procurement, the procuring entity can NOT initiate the inclusion of unreliable (unscrupulous) suppliers (contractors) and consultants, members of collegial executive bodies, persons acting as the sole executive body in the data base, as well as persons included in such a register: if the suppliers (contractors) and consultants recognized as the winner of the tender evaded the conclusion of agreements (contracts) on procurement in connection with the introduction of an emergency or state of emergency, subject to the publication of a procurement notice prior to the introduction of such regimes, or suppliers (contractors) and consultants violated the terms of the declaration guaranteeing a tender if such a violation is related to the introduction of an emergency or state of emergency, subject to the publication of a procurement notice prior to the introduction of such regimes; Also, the guarantee security of the tender by the procuring entity is NOT withheld in cases of refusal to sign the contract on the conditions provided for in the winning bid, due to the introduction of an emergency or state of emergency, subject to the publication of a procurement notice prior to the introduction of such regimes. Due to the current situation with the COVID-19 infection pandemic, as an example of simplifying tender procedures, we can cite recent temporary changes in the legislation of the Russian Federation regarding procurement from a single supplier (non-competitive method): The new edition directly provides for purchases in order not only to eliminate emergencies, but also to prevent them (with the introduction of a high alert regime); The provision that the objects purchased on this basis should not be included in the relevant List of goods, works and services, which significantly expands the scope of application, has been excluded; The rules on preliminary selection and request for quotations were canceled; Customers are given the opportunity, by agreement with the supplier (contractor, performer), to change the term of the contract and (or) its price (unit price), in the event of circumstances that entail the impossibility of performing the contract without changing it; Contracts can be entered without securing their performance, unless the contract provides for an advance. Procurement simplification procedures in emergency situations are also spelled out in the guidelines of donor organizations. For example, according to the World Bank's Procurement Rules for FIP Borrowers, emergencies “include those situations where the Bank believes that the Borrower / Recipient or, as the case may be, a member country has an urgent need for assistance due to a natural disaster, man-made disaster or conflict. In the event of an emergency in the Borrower's country, the specified World Bank Rules assume: Implementation of purchases at the stage of emergency response without prior consideration by the Bank; Streamlined competitive procedures with shorter application times (5 days); Elimination of the waiting period applied to give Bidders / Applicants / Consultants time to examine the Notice of Intent to Award a Contract and assess whether it is appropriate to file a complaint; Use of framework agreements including existing ones, Using simple and fast procurement and selection methods The Request for Proposals is a competitive method and is applied if, due to the nature and complexity of the purchased goods, works or non-consulting services, the Borrower will best meet its production needs if it allows Applicants to propose customized solutions or submit Proposals that may differ in how they fulfill or exceed the requirement of the RFP document. Request for quotations is a competitive selection method based on the comparison of price quotations of firms. This method may be more effective than more sophisticated methods for purchasing limited quantities of off-the-shelf finished goods or non-consulting services, standard specification commodities, or simple, low-cost construction work. Direct selection is used when proportionality, eligibility for funding, and value for money may require an approach such as direct selection, that is, inviting and negotiating with only one firm. This selection method may be appropriate if there is only one suitable firm, or there is a reason to use a preferred firm in an emergency. Also, in emergency situations, selection is applied based on the qualifications of consultants, within which it is impractical to draw up and evaluate bids, as this requires additional time. In addition, the World Bank Disaster Rules propose the cancellation of collateral and performance guarantees. For small contracts for the supply of goods or the execution of works, you can speed up the preparation of bids for small and medium-sized suppliers and contractors by removing the requirement for collateral. Nevertheless, when performing work, the customer can carry out a guarantee withholding of funds for the duration of the contractor's liability; when it comes to the delivery of goods, a manufacturer's warranty is required. In an emergency situation, where suppliers and contractors have difficulty obtaining a credit line from banking institutions, it is possible to increase the amount of prepayment for contracts for the supply of goods and performance of work to 40% of the total contract value, provided the supplier provides a bank guarantee for an equivalent amount. An additional measure is that in an emergency, UN Agencies can act as contractors on an out-of-competition basis to perform work that requires unique experience in emergency response, and take part in activities funded by the World Bank or a trust fund managed by the World Bank, one of the in the following ways: The UN implements a number of activities or the entire project entirely on behalf of the host country; The UN acts as a supplier of critical commodities (for example, vaccines) in the framework of the WB-financed project; and The UN acts as a provider of technical services for the WB-financed project. The following projects financed by the World Bank and currently being implemented in Kyrgyzstan can serve as an illustrative example of the application of the above procedures. “Building resilience to disaster risks in Kyrgyzstan”, namely the “Emergency Response Component for Immediate Response in the Event of a Declared Crisis or Emergency,” within which funds are allocated for the procurement of the following items of goods for rapid response teams, hospitals assigned for observation , primary health care centers, intensive care units: personal protective equipment; disinfectants; laboratory reagents required for diagnostics; medicines; medical devices; medical equipment; breathing support equipment; other goods (paper towels, liquid soap, shipping containers, etc.) as well as the purchase of fully equipped ambulances. The implementation of the Agreement on financing the "Emergency COVID-19 Project" between the Kyrgyz Republic and the International Development Association, signed on April 7, 2020 and ratified by the Law of the Kyrgyz Republic No. 46 dated April 20, 2020, has begun. This project, funded by the World Bank, aims to prevent additional infiltration of infected persons and to limit the spread of infection within the country, which also applies procurement procedures in an emergency. The UN implements a number of activities or the entire project entirely on behalf of the host country; The UN acts as a supplier of critical commodities (for example, vaccines) in the framework of the WB-financed project; and The UN acts as a provider of technical services for the WB-financed project. The following projects financed by the World Bank and currently being implemented in Kyrgyzstan can serve as an illustrative example of the application of the above procedures. “Building resilience to disaster risks in Kyrgyzstan”, namely the “Emergency Response Component for Immediate Response in the Event of a Declared Crisis or Emergency,” within which funds are allocated for the procurement of the following items of goods for rapid response teams, hospitals assigned for observation , primary health care centers, intensive care units: personal protective equipment; disinfectants; laboratory reagents required for diagnostics; medicines; medical devices; medical equipment; breathing support equipment; other goods (paper towels, liquid soap, shipping containers, etc.) as well as the purchase of fully equipped ambulances. The implementation of the Agreement on financing the "Emergency COVID-19 Project" between the Kyrgyz Republic and the International Development Association, signed on April 7, 2020 and ratified by the Law of the Kyrgyz Republic No. 46 dated April 20, 2020, has begun. This project, funded by the World Bank, aims to prevent additional infiltration of infected persons and to limit the spread of infection within the country, which also applies procurement procedures in an emergency. The UN implements a number of activities or the entire project entirely on behalf of the host country; The UN acts as a supplier of critical commodities (for example, vaccines) in the framework of the WB-financed project; and The UN acts as a provider of technical services for the WB-financed project. The following projects financed by the World Bank and currently being implemented in Kyrgyzstan can serve as an illustrative example of the application of the above procedures. “Building resilience to disaster risks in Kyrgyzstan”, namely the “Emergency Response Component for Immediate Response in the Event of a Declared Crisis or Emergency,” within which funds are allocated for the procurement of the following items of goods for rapid response teams, hospitals assigned for observation , primary health care centers, intensive care units: personal protective equipment; disinfectants; laboratory reagents required for diagnostics; medicines; medical devices; medical equipment; breathing support equipment; other goods (paper towels, liquid soap, shipping containers, etc.) as well as the purchase of fully equipped ambulances. The implementation of the Agreement on financing the "Emergency COVID-19 Project" between the Kyrgyz Republic and the International Development Association, signed on April 7, 2020 and ratified by the Law of the Kyrgyz Republic No. 46 dated April 20, 2020, has begun. This project, funded by the World Bank, aims to prevent additional infiltration of infected individuals and to limit the spread of infection within the country, which also applies procurement procedures in an emergency. 1 http://cbd.minjust.gov.kg/act/view/ru-ru/111787?cl=ru-ru 2 http://cbd.minjust.gov.kg/act/view/ru-ru/111125 3 01.04.2020 N 98-ФЗ Федералдык мыйзам, https://kodeks63.ru/news/read/zakupki-v-usloviyah-chs-srochnyeizmeneniya-v-44-fz/novosti-v-sfere-zakupok 4 https://projects.vsemirnyjbank.org/ru/projects-operations/project-detail/P162635 https://projects.worldbank.org/en/projects-operations/project-detail/P172761 5 https://projects.worldbank.org/en/projects-operations/project-detail/P173766
Azizbek Kydykov
1849 | 0
31
Development of the system of international transport corridors in Central Asia
Kyrgyz State Technical University The proposed article is devoted to the urgent problem of the development of land transportation between Europe and the Asia-Pacific region through the construction of new routes, primarily through Central Asia. The expert community predicts a reorientation of part of the cargo traffic from the sea route to the railway transport by 15-20% by 2025. At the same time, most of it is very interesting to send through the states of Central Eurasia, thereby reviving the potential of the ancient Silk Road routes. In accordance with the goal of the study, the following tasks were solved: investigated the development and operation of international transport corridors; Land transport corridors between Europe and Asia have been studied; analysis of the construction of railway routes through the territory of the Kyrgyz Republic; an analysis of the prospects for the development of Eurasian transit traffic; proposed a forecast for the development of the Europe-APR land transportation market in the future. The paper analyzes the existing and projected international transport corridors. An increase in interest in this problem was noted by the republics of Central Asia and Kazakhstan. Studies show that on the Eurasian continent, the number of rail routes is growing, providing transit traffic between Europe and the PRC, and the Asia-Pacific region as a whole. Most modern operating routes pass through Kazakhstan and Uzbekistan (2 directions), Kazakhstan and the Russian Federation (1), Kazakhstan and Azerbaijan (1). A favorable forecast was made for the development of the market for transit rail routes through the territory of Central Asia, since the volume of transit through the territory of Russia has practically reached the limit of the technical capabilities of Transsib. The proposed article contains a feasibility study of transit rail routes through the territory of Central Asia, including two new routes being designed through Kyrgyzstan. One connects China through Kyrgyzstan, Uzbekistan and Iran, then through Iraq and Turkey to Europe. The second route passes through Kyrgyzstan to Tajikistan and further through Afghanistan to Iran. Further similar to the first route through Kyrgyzstan. A feature of the second route is the idea to use the European gauge along the entire length of the track.
Orozonova Azyk
2414 | 0
Corruption in the sphere of public procurement
The topic of corruption in our time is quite relevant. She has been featured in many news years, and stories about the arrest of government officials for taking bribes are gaining popularity. The problem of corruption and counteraction to it has become especially acute in recent years - both in the world and in Kyrgyzstan. It is determined by the extremely high level of national and social danger of the social phenomenon under consideration. As a result of corruption offenses, the rights and legitimate interests of citizens and organizations are infringed upon, colossal material damage is caused. Corruption in Kyrgyzstan is a serious problem. According to the Corruption Perceptions Rating, the corruption index for Kyrgyzstan is gradually changing, while the position of Kyrgyzstan in the rating of countries is slowly improving: from 130th to 126th place. But, more than half of citizens do not believe that they can contribute to the fight against corruption in Kyrgyzstan. Kyrgyzstan was ranked 126th out of 180 places in the Corruption Perceptions Index 2019, which is compiled every year by the international organization Transparency International. Kyrgyzstan received 30 points out of 100, being on a par with Djibouti, Ukraine and Azerbaijan. Table 1 - Ranking of countries according to the Corruption Perceptions Index from 2006-2019 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Armenia 88 93 99 109 120 123 129 94 94 94 95 113 107 105 77 Russia 126 121 143 147 146 154 143 133 127 136 119 131 135 136 137 Kazakhstan 107 111 150 145 120 105 120 133 140 126 126 131 133 124 113 Kyrgyzstan 130 142 150 166 162 164 164 136 150 136 136 136 135 132 126 Source: Compiled by the author. Corruption in public procurement is a worldwide problem of humanity. This topic of corruption in the field of procurement for state and municipal needs is most relevant, since this direction of economic activity in our state appeared not so long ago, but was formed and received legislative confirmation only in the middle of the first decade of the 21st century. This is connected, first of all, with the historical reasons for the development of events in our state and, as a consequence, with the emergence of private property. The most common corruption schemes include: The direction of the potential supplier participating in the collusion for the amount obviously lower than that of other participants in public procurement; The establishment by the customer of extremely short terms for the implementation of the order or the performance of work, in which the execution of the order is possible only by a previously prepared supplier - a participant in the fraudulent scheme; The establishment of a deliberately uncompetitive price for the execution of a government order in the indicated volume, which will be of no interest to other potential suppliers; The establishment of an unattractive payment scheme for the execution of a state order (for example, with a long delay, etc.); Incorrect data entry (for example, mixing Cyrillic and Latin when writing the name of the application, etc.); the interpretation of the criteria for evaluating suppliers in favor of stakeholders, etc. So, corruption is an international problem, and almost every country in the world is faced with it on one scale or another. The level of corruption in the countries of the world in 2020 is closely related to the level of political and economic indicators of the state. This is due to the legal culture of the population, the effectiveness of the law enforcement system, education and provision of the population. The main task of combating corruption in the field of government orders is to control the integrity of suppliers and ensure the greatest independence of employees who exercise quality control and on whose decision the fate of a contract depends. The main areas of fraud prevention in public procurement include the following: Clear formulation of procurement requirements; Clear planning of the bidding process so that the exchange of information between procurement participants is as difficult as possible; Communicating information to employees about possible fraudulent activities; Analysis and monitoring of the market; High qualification of employees and its constant improvement; Improvement of legislative norms, including the separation of fraud and crimes in the field of public procurement as a separate corpus delicti.
Dolotbakova Aida
2963 | 0
Strengthening and intensifying scientific research the public procurement process in the Kyrgyz Republic
Candidate of Economic Sciences, Assoc. Department "Logistics"KSTU named after I. Razzakov The transition of the Kyrgyz Republic to a system of market relations has radically changed the conditions for the country's development. Ensuring sustainable and balanced development of the state on the basis of an integrated and rational use of all processes in a given territory is becoming a top priority. Public procurement is a necessary day-to-day process. This process needs constant improvement, as real life puts forward new requirements, new conditions. Therefore, the efficient and rational use of budget funds is a state task. The public procurement system can be understood as a set of rules that determine the essence and forms of relations aimed at meeting state needs, as well as persons participating in these relations [7, 2016; 8, 2016]. Myrzakerim U.B., studying the experience of development of other countries, reveals that the development of the public procurement system always occurs in stages and sometimes takes a long time. For example, the United States was the first to begin to regulate procurement and the first federal law on public procurement was adopted there back in 1792, but the procurement process became effective and rational only at the beginning of the twentieth century [17, 2019] In the conditions of the Kyrgyz Republic, the need for institutional development and increasing the efficiency of the public procurement system is widely discussed in the works of A.S. Umetaliev. He notes that procuring entities can function effectively only if there is an adequate legal and regulatory framework and institutional infrastructure, and professionalism and honesty of personnel involved in procurement are also required. An important aspect in terms of ensuring professionalism is the inclusion of a separate professional direction related to procurement into the civil service system [20, 2010]. Considering the regulatory framework of the public procurement system in the Kyrgyz Republic, Umetaliev A.S. writes that regulations should be improved to ensure the effective use of budget funds, as well as to reduce corruption schemes [21, 2013]. Sabyrova G.Zh. notes that in the field of public procurement of Kyrgyzstan, about 30 billion soms rotate and annually more than 15% of the gross domestic product is spent on public procurement. Considering the constant deficit of budgetary funds, their efficient and economical use at all times has been and remains a topical issue. Therefore, one of the most important tasks facing the Government of the Kyrgyz Republic is to ensure openness and transparency of public procurement procedures. The government of the Kyrgyz Republic began to carry out a reform in the field of public procurement in 1994, and already in April 1997, the first Law of the Kyrgyz Republic “On public procurement” was adopted. Since then, the legal framework governing procurement has been regularly revised. According to Sabyrova G.Zh. internal audit is one of the few currently available and at the same time underestimated resources, the correct use of which can improve the efficiency of public procurement. An audit of public procurement is a check, analysis and assessment of information on the legality, feasibility, validity, timeliness, efficiency and effectiveness of procurement expenditures for planned to be concluded, concluded and executed contracts [19, 2014]. Several works by T.Sh. Abdyrov are devoted to detailed scientific research. and Adylbekova A.A. They noted that serious transformations in public procurement started in 2011, when the government began a reform in this area by introducing an electronic system. The reform resulted in the introduction of a unified system of electronic public procurement. The work on its creation was carried out by the state institution "Info-System"; in 2012, an information portal for public procurement of the Kyrgyz Republic was also created. By the end of May 2013, the number of portal users reached 1,843 purchasing organizations and suppliers. At the same time, the total number of participants in public procurement amounted to more than 2,000 budget organizations and 3,000 suppliers. According to the initial forecast, the number of potential participants should be from 5 to 7 thousand organizations. However, despite the reforms in the field of public procurement, there are also shortcomings. The regulatory and legal framework needs to be improved, it has not yet been possible to completely switch to electronic communication between suppliers and procuring organizations, it is necessary to improve the public procurement portal, and eliminate the shortage of certified specialists [7, 2016]. Abdyrov T.Sh. and Adylbekov A.A. write that with the adoption of the new Law of the Kyrgyz Republic dated April 3, 2015 No. 72, the methods of public procurement have changed. Today, there are five methods of public procurement: one-stage; two-stage; simplified; to lower prices; direct conclusion of the contract. The main method of public procurement is a competition through a one-stage method (the number of suppliers (contractors) wishing to participate in procurement procedures is not limited). Very rarely, a two-stage tender is held if 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 purchasing needs of the procuring entity; if the subject of procurement is research, experiment, preparation of a scientific opinion or provision of other specialized services. Competition by a simplified method is used in the case of purchases of ready-made goods that do not require special manufacturing, works and services with a specific description for an amount less than the maximum threshold amount. When conducting a tender by a simplified method to ensure competition and effective selection, the procuring entity shall consider the tender bids for goods, works and services of at least two suppliers (contractors). The price reduction tender is conducted through the public procurement web portal online. The initial price is set and the suppliers offer their price offers, that is, an auction takes place and the winner of the tender is the supplier who offered the lowest price offer. Procurement by direct contracting method - a procedure in which the procuring entity, without holding a tender, signs a procurement contract after price monitoring. The supplier (contractor) must meet the qualification requirements provided for in Article 27 of the Law of the Kyrgyz Republic “On Public Procurement. There is a fairly high percentage of purchases using the method of direct conclusion of the contract, since it is 44.6% of the total number of trades held [2, 2016]. In the new Law of the Kyrgyz Republic "On Public Procurements" dated April 3, 2015 No. 72, there is such a concept as a framework agreement. Framework agreement - an agreement between a procuring entity with two or more suppliers (contractors), signed as a result of competitive bidding, which stipulates the terms of a future contract. Exploring the "framework agreements", Abdyrov T.Sh. and Adylbekov A.A. note that they save time and cost in the sourcing process by eliminating the need to renegotiate standard terms and conditions. For long-term purchases, such agreements help to improve the relationship between buyers and sellers, since in this case, buyers and sellers work on individual solutions developed taking into account the needs of both parties [5, 2016]. Omuraliev U.K., Duishaeva M. indicate the weak institutionalization of the framework agreements procedures in the country's public procurement system. This is due to the incomplete implementation of the functionality of the framework agreements procedures, the first version of which was launched on the Public Procurement Portal only in 2018. In their opinion, framework agreements are a rather convenient and effective way of purchasing, allowing to reduce costs, to receive the necessary products on time and with an optimal price-quality ratio. However, despite the apparent simplicity, the procedures of framework agreements are rather complicated. Therefore, firstly, it is necessary to improve the regulatory framework of the framework agreement procedures, secondly, to implement the functionality of the framework agreement procedures of both stages on the Public Procurement Portal, and thirdly, it is necessary to have trained personnel who own the appropriate technologies for implementing the framework agreement procedures [18 , 2019]. The economic activity of the state is directly related to the procurement of certain goods and services at the expense of the state budget, namely, taxpayers' funds. How effective and transparent is the management of public procurement? Every year, governments spend huge amounts of budgetary funds on the purchase of certain goods and services. Corruption as "a social pandemic literally hit the public procurement sector ... damaging public finances." Due to the significant volume of funds circulating in the public procurement system and the specific structure of expenditures, it is this sector of public administration that is most susceptible to corruption. Every day the state must look for new ways to save taxpayers' funds, writes M.T. Koichueva. In her opinion, it is obvious that the old methods of public procurement should be replaced by new technologies, such as digitalization, which are designed to more efficiently manage public procurement, reduce state budget expenditures, and eliminate the use of corruption schemes [13, 2018]. Maksutov T.M. and Savina S.E. also see the solution to public procurement problems in the application of innovative digital technologies. Analyzing the characteristic features in the process of public procurement, they note the openness and transparency of the process as the main advantages of the electronic public procurement system [14, 2019]. Abdyrov T.Sh., Adylbekov A.A. see the main goal of introducing electronic tenders in procurement - not only in automating routine processes of interaction of procurement bodies with potential contractors, but also in reducing the cost of performing procurement procedures and drastically reducing the timing of these operations [6, 2016]. Zhunuspaev K.T. examines the features of monitoring public procurement in the context of combating corruption while optimizing public procurement. He pays special attention to monitoring the effectiveness of public procurement and draws attention to the fact that recent changes in the current legislation of the Kyrgyz Republic are quite significant. He also concludes that the supervision of public procurement is an effective means of fighting corruption within the existing system of public procurement contracts. In the future, public monitoring of public procurement may show concrete results [10, 2019; 12, 2019; 11, 2020]. Abdyrov T.Sh. and Adylbekov A.A. In their opinion, the formation of public control in the field of public procurement is just beginning to take place in Kyrgyzstan. In this regard, the activity of public inspectors is still a chaotic phenomenon and not regulated by any norms. The only advantage for this activity is the principle of transparency and openness, provision of free and free access to information on public procurement [3, 2016]. Continuing the topic of corruption, Ermekbaev A.Z., Sayakbaev T.D., Ermekbaeva S.A. write that the formation of government orders and government procurement in all countries is a zone of increased corruption, leading to significant budget losses. Traditionally, taking into account the damage from corruption in the public procurement system, it is conditionally divided into the following types of losses: Financial losses - the conclusion of transactions on unfavorable financial conditions for the state. First of all, this is the overestimation of the prices of purchased products in comparison with the current market level, the inclusion in the terms of government contracts of prepayment instead of deferred payment, etc. Quantitative losses - overestimation or underestimation of the volume of supplied materials or rendered services in comparison with the required quantity; purchase of goods and services for personal purposes of responsible officials, and not to meet government needs, etc. Quality losses - the conclusion of transactions in violation of the required technical conditions, such as the supply of goods, performance of work or provision of services of inadequate quality; the worst conditions for warranty and post-warranty service; insufficient requirements for quality control of work and services, etc. Political losses - deterioration of the investment climate in the country, loss of confidence on the part of citizens in government structures and the state as a whole, undermining of the country's economic and financial system, violation of the principles of free competition, etc. [9, 2019]. Public procurement, as one of the constituent segments of the economy of Kyrgyzstan, is important in ensuring the economic stability and security of the state. The annually allocated amount for state purchases from the state budget ranges from 20 to 23% in different years, and in its share in GDP is approximately 13-15% of the country's gross domestic product. Kyrgyz GDP and state budget expenditures from 2014 to 2018 were significantly increased in terms of the national currency. Let's compile a summary table since the introduction of statistics by the Department of Public Procurement under the Ministry of Finance of the Kyrgyz Republic (Table 1, Fig. 1). Starting from May 2015, all public procurement in the republic is carried out electronically, with the exception of cases provided for in the Law of the Kyrgyz Republic "On public procurement", as well as with the exception of purchases of goods from societies of disabled people in accordance with the Law of the Kyrgyz Republic "On state Kyrgyzstan provided the following procurement statistics for the period from 2015 to 2017. Despite the openness and accessibility of the electronic trading system, the level of participation in tenders is not high. So, for 187 389 tenders not a single application was received, for 100 474 - only one application and only for 263 952 tenders (about 48 percent of all tenders) more than two applications were received [9, 2019]. In the period from 2015 to 2017, 18, 26 and 68 suppliers and contractors were included in the database of unreliable (unscrupulous) suppliers (contractors), respectively. The register of unreliable suppliers is posted on the official portal of public procurement of the Kyrgyz Republic. In order to further strengthen impartial oversight of public expenditure and procurement, the state should expand the participation of civil society in this process, increase the volume of disclosure at all stages 5 of the procurement cycle through the further development of e-procurement and the wider use of e-government initiatives. It is necessary to work on further increasing the share of competitive procedures when concluding contracts in the total volume of public procurement. Kyrgyzstan should complete the procedure for signing the World Trade Organization (WTO) GPA. It is necessary to finalize the provisions of the Law of the Kyrgyz Republic on public procurement (a) on planning, supplementing them with the requirement to specify the procurement method, (b) on appealing procurement planning in relation to the proposed procedures, allowing potential bidders and the public to do so, and (c) on the conclusion of direct contracts in order to extend the notice period of the purchasers' intention to carry out the procurement in such a way that will allow market participants and the public to identify unjustified attempts to conclude such contracts and translate them into competitive bidding. For the sustainable development of infrastructure and the further development of the procurement system as a whole, it is necessary to introduce a three-year planning in the field of procurement (or for a similar medium-term period). A one-year scheduling constraint creates conditions for favoritism, unfair commercial gains, or outright contracting for relatively large volumes. In order to further improve anti-corruption standards, it is recommended to consider the application of certification of state and municipal companies according to the anti-corruption standard ISO 37001. The task of the state remains to create the most favorable economic, legal, ideological conditions for successful business activities [9, 2019]. Moldogaziev N.Sh. After analyzing the work of the automated public procurement program of the Kyrgyz Republic, I came to the conclusion that the electronic portal system currently does not minimize the risks of corruption when concluding contracts with contractors. As noted earlier, not everything is automated to prevent corruption in tendering. The program itself does not award the victory to the bidders, it only registers them. The rest of the registration procedure, the analysis of the participating organizations, the verification of the technical documentation of the participating companies is done by people, who also award the victory to one or another company. The portal was created to save time and prevent unnecessary paperwork for both the procuring entity employees and the firms participating in the tender. But it does not affect the objective decision on the tender. The final decision is made by the employees of the organization, they also conclude an agreement with the winning company, this causes distrust of the system of people who sometimes participate in tenders several times, they are disappointed in their success and stop their activities in the direction of public procurement. Among the advantages of the electronic portal, he notes that the portal with its automated document registration program and automated tender opening replaces the participation of a human resource by about forty percent. This saves time, minimizes direct contact between the supplier and the customer, at least at this stage of registration. That is, in modern conditions, the portal is not efficient enough and does not really save public funds. Improving and eliminating unwanted loopholes will be facilitated by the introduction of new settings and additional functions into the portal itself. After a step-by-step consideration of how it works, he comes to the conclusion that it is necessary to automate the part of tenders where, after opening, the analysis and announcement of the tender winner takes place [15, 2018]. In the work of Shirdakova G.T. and Abdukarimova A.A. through the analysis of the Law of the Kyrgyz Republic "On trust management of state property", "On public procurement", "On public-private partnership", the Resolution of the Government of the Kyrgyz Republic "On approval of the Regulation on the procedure for the provision of state property for rent", new approaches and procedures for improving the system cooperation between the state and business. They show examples of successful implementation of PPP projects and public procurement management, lease of state property, but at the same time they considered problems that hinder further development [22, 2020]. Also Abdukarimova A.A. and Shirdakova G.T. write about the Implementation of the "Tunduk" system project on database integration between the Department of Public Procurement under the Ministry of Finance of the Kyrgyz Republic, the State Tax Service under the Government of the Kyrgyz Republic and the Social Fund of the Kyrgyz Republic to eliminate the need to provide paper certificates of the absence of debts of legal entities and individuals, which allows receive this information automatically from the State Tax Service and the Social Fund. Due to the improvement of public procurement procedures, trends in budget savings were noticeable. Currently, work is underway to improve the legislative norms of the public procurement system. It is also necessary to integrate the information system of banks operating on the territory of the Kyrgyz Republic into the Tunduk system. First, such integration will help procuring entities to see the financial viability of bidders, and second, bidders will be able to easily and quickly obtain bank guarantees for the bid and contract performance. In addition, it is necessary to improve the functions of the quick search for signed contracts on the web portal, since in order to find out the result of the past competition, you need to turn over all the pages of the site. Also, make the test mode of the web portal available to all users, this will help improve the skills of novice public procurement specialists and suppliers / contractors [1, 2020]. The most acute problems in public procurement are the problems of choosing high-quality goods, works and services, which are described by T.Sh. Abdyrov, A.A. Adylbekov. In a competitive environment, the buyer must find a supplier or contractor who can offer him a minimum price for the offered goods, works and services, as well as fulfill other conditions essential for him (additional requirements for product quality, delivery times, forms and terms of payments, etc.). etc.). The greatest difficulties are experienced by public hospitals, kindergartens, boarding schools, prisons, and so on, as they have to hold contests for food. The difficulty of competitive bidding for food products lies in the correct description of the technical specifications. For example, a kindergarten buys butter, because you cannot specify the brand, you write butter, calorie content, grams, but you cannot specify what the taste of butter should be, and you have to buy butter with the lowest price, but not high quality. Or you need to buy potatoes, which also indicate the calorie content, the diameter of the potato, but potatoes also have a bitter taste. And the list of such names in food products is very large [4, 2017]. Murzabekova Zh.T., Amirova M.A. Having analyzed the legislation of the Kyrgyz Republic on public procurement, we came to the conclusion that it does not provide equal access to goods and services of the EAEU member states to public procurement. They believe that the Law of the Kyrgyz Republic dated April 3, 2015. No. 72 "On Public Procurement" in relation to all, without exception, foreign potential participants in public procurement, a discriminatory regime has been established. In particular, Article 4 of this Law provides for a preferential regime for participation in public procurement for domestic suppliers in the amount of 20% of the price offer, which undoubtedly puts potential participants in public procurement from other EAEU member states with them in an unequal position. The EAEU Treaty stipulates that countries must ensure unhindered and free access to potential suppliers and suppliers of the Member States to participate in procurement carried out in electronic format by mutual recognition of an electronic digital signature made in accordance with the legislation of one Member State by another state. - a member. However, this factor is still defective [16, 2019]. Conducting scientific research on the problems of the development of the public procurement system is one of the important areas that make it possible to increase the efficiency of state budget regulation, to develop adequate measures to support public policy. Review of studies on this topic for 2010-2020. allows us to conclude that in the development system of state List of used literature: Abdukarimova A.A., Shirdakova G.T. Problems of the formation of the public procurement system in the Kyrgyz Republic. Alatoo Academic Studies. 2020. No. 1. S. 189-197. Abdyrov T.Sh., Adylbekov A.A. Public procurement methods of the Kyrgyz Republic. Science, new technologies and innovations of Kyrgyzstan. 2016. No. 12. S. 93-94. Abdyrov T.Sh., Adylbekov A.A. Public control as an effective tool for improving the public procurement system of the Kyrgyz Republic. Bulletin of the Tajik National University. A series of socio-economic and social sciences. 2016. No. 2/7 (213). S. 161-164. Abdyrov T.Sh., Adylbekov A.A. Problems of choosing quality goods, works and services in public procurement of the Kyrgyz Republic. Economy. Control. Education. 2017. No. 1 (4). S. 13-14. Abdyrov T.Sh., Adylbekov A.A. Framework Agreement in Public Procurement of the Kyrgyz Republic. Science, new technologies and innovations of Kyrgyzstan. 2016. No. 12. S. 91-92. Abdyrov T.Sh., Adylbekov A.A. Development of electronic public procurement in the Kyrgyz Republic. Bulletin of the Tajik National University. A series of socio-economic and social sciences. 2016. No. 2/8 (215). S. 139-141. Abdyrov T.Sh., Adylbekov A.A. Reforms in the public procurement system of the Kyrgyz Republic. Reform. 2016. No. 4 (72). S. 21-22. Adylbekov A.A., Abdyrov T.Sh. Stages of public procurement in the Kyrgyz Republic. Scientific research in the Kyrgyz Republic. 2016. No. 4. P. 4-7. Ermekbaev A.Z., Sayakbaev T.D., Ermekbaev S.A. Reducing corruption losses in the public procurement system of the Kyrgyz Republic. Eurasian Scientific Association. 2019. No. 12-3 (58). S. 216-220. Zhunuspaev K.T. Anti-corruption policy in the Kyrgyz Republic: history, legal framework, main methods of struggle. Colloquium-journal. 2019. No. 28-8 (52). S. 49-51. Zhunuspaev K.T. Public control over public procurement in Kyrgyzstan. Scientific aspect. 2020.Vol. 1.No. 1.P. 27-31. Zhunuspaev K.T. The main problems of optimization of state anti-corruption in the public procurement system in Kyrgyzstan. International Journal of Applied Sciences and Technology Integral. 2019. No. 4-1. P. 34. Koichueva M.T. Digitalization of the public procurement system in the Kyrgyz Republic. In the collection: Development of the regional economy in the context of digitalization. Collection of materials of the International scientific-practical conference dedicated to the 80th anniversary of the Federal State Budgetary Educational Institution of Higher Education "Chechen State University". Editors in charge: Tsakaev A.Kh., Saidov Z.A., Arsakhanova Z.A., 2018.S. 62-68. Maksutov T.M., Savina S.E. Implementation of an electronic public procurement system in Kyrgyzstan. In the collection: Science. Technology. Innovation. Collection of scientific papers. In 9 parts. Edited by A.V. Gadyukina. 2019.S. 175-179. Moldogaziev N.Sh. Analysis of the work of the automated public procurement program of the Kyrgyz Republic. Improvement methods and their effectiveness in modern working conditions. Bulletin of the Kyrgyz-Russian Slavic University. 2018.Vol. 18.No. 11.P. 147-150. Murzabekova Zh.T., Amirova M.A. Topical issues of legal regulation of public procurement in the countries of the Republic of Kazakhstan and the Kyrgyz Republic. Bulletin of the Kazakh Humanitarian and Legal Innovative University. 2019. No. 2 (42). S. 30-33. Myrzakerim U.B. Development of the public procurement system in local governments. Bulletin of Osh State University. 2019.No. 2.P. 166-169. Omuraliev U.K., Duishaeva M. Realities and perspectives of framework agreements procedures in the public procurement system of the Kyrgyz Republic. Bulletin of the Kyrgyz State Technical University. I. Razzakov. 2019. No. 1 (49). S. 59-63. Sabyrova G. Zh. Internal audit of public procurement in educational institutions of the Kyrgyz Republic. Science and new technologies. 2014. No. 5. S. 106-109. Umetaliev A.S. Institutional development and enhancement of the public procurement system. Bulletin of Osh State University. 2010. No. 3. S. 202-209. Umetaliev A.S. Legal and regulatory framework for the public procurement system in the Kyrgyz Republic. Science and new technologies. 2013. No. 6. S. 131-133. Shirdakova G.T., Abdukarimova A.A. Prospects for cooperation between the state and business in the Kyrgyz Republic. Science, new technologies and innovations of Kyrgyzstan. 2020. No. 2. S. 145-150.
Nurida Baizakova
4165 | 0
Public procurement system in the Kyrgyz Republic
Nurida Baizakova, Director of the Public Procurement Department under the Ministry of Finance of the Kyrgyz Republic Public procurement is the purchase of goods, performance of work and the provision of various kinds of services for the needs of the state, carried out at public funds. As a rule, public procurement affects all spheres of public life (from the purchase of office supplies, furniture, construction of buildings, structures, to the purchase of medical equipment, vehicles, medicines and food). The annual volume of successfully conducted public procurement is more than 63.0 billion soms. For example, in 2019, 77,477 tenders were successfully held for the amount of 63.2 billion soms, of which goods for 33.8 billion soms, works for 18.1 billion soms, services for 11.3 billion soms. For comparison, in 2018, 87,159 tenders were successfully held for a total of 69.9 billion soms, of which goods for 43.5 billion soms, jobs for 16.9 billion soms, services for 9.5 billion soms. Currently, public procurement is carried out in accordance with the Law of the Kyrgyz Republic "On Public Procurement" dated April 3, 2015 No. 72 (hereinafter referred to as the Law) and a number of by-laws. The public procurement system of the Kyrgyz Republic is based on the principles of publicity, openness, legality and impartiality in relation to suppliers (contractors). The legislation in the field of public procurement regulates the procedure for conducting procurement in the Kyrgyz Republic, clearly delineates the powers and functions of stakeholders, and provides for an appeal mechanism during procurement procedures. The law provides for public procurement methods such as one-stage, two-stage, simplified, lowering prices and the method of direct contracting. Also, the Law provides for a two-package method of a one-stage method. In addition, the Law provides for a tender to conclude a framework agreement; conducting prequalification procedures, as well as conducting centralized procurement. For the procurement of consulting services, the law provides for five selection methods: selection based on qualifications and cost; selection by qualification; selection under a fixed budget; selection at the lowest price; selection by direct conclusion of a contract. According to the current legislation in the field of public procurement, purchasing organizations (hereinafter referred to as customers) are all budgetary organizations, state and municipal enterprises and joint stock companies with a state share of 50 percent or more. At the same time, suppliers (contractors) can be individual entrepreneurs, representatives of small and medium-sized businesses, representatives of large enterprises and companies, LLCs, JSCs, enterprises of any form of ownership, both domestic and foreign, with the necessary experience, timely paying taxes and social contributions , and meeting other criteria provided by the customer. Thus, you cannot spend the funds provided for procurement at your own discretion. It is also impossible to choose "their" supplier, since customers must hold a tender, objectively and impartially evaluate all received offers from suppliers, and choose the offer that is most suitable for price, price and quality, depending on the chosen procurement method. Since 2015, all public procurement is carried out electronically on the public procurement portal http://zakupki.gov.kg (hereinafter referred to as the portal). To date, the portal is the only source of information on ongoing public procurement, as well as a tool that allows you to implement the entire cycle of procurement procedures for both the procuring entity and suppliers (contractors). Procurement information is published on the portal and must contain all requirements and criteria for suppliers. After the announcement is published, everyone who is willing and able to participate form their applications (so-called competitive applications) and submit in electronic form on the portal. Since the introduction of the portal (June 2, 2014) to date, 27,590 suppliers (contractors) and 4,072 procuring entities have been registered on the public procurement web portal. The main advantages of the electronic public procurement system are: Unified procedure for the formation and placement of state orders; Easy access to information; Creation of equal conditions of competition among suppliers; Reducing budgetary expenditures for the purchase of goods, works and services for state needs through increased competition; Reducing the cost of conducting public procurement procedures, since procurement announcements are published free of charge; Detailed statistics of the purchased goods, works and services (through the General Classifier of Public Procurements - OKGZ); Significant reduction of paper workflow; Increasing the transparency of public procurement procedures. The portal provides the following functionality: Simplified registration of participants in the process; Open participation in competitions; Access to tender documents; Transparency of decision-making during procurement procedures; Online filing of complaints; Possibility of price monitoring; Open access to the regulatory framework; Available information about the winners of the competitions. The Department of Public Procurement under the Ministry of Finance of the Kyrgyz Republic (hereinafter referred to as the Department) is taking measures to improve the public procurement system on an ongoing basis. Based on the analysis and monitoring of ongoing public procurement, incoming complaints and appeals, in order to support domestic producers, simplify public procurement procedures, reduce corruption risks, measures are being taken to improve legislation in the field of public procurement. Also, work is underway to improve the functionality of the portal, bring it in line with the requirements of legislation and integrate with other information systems. Today, the portal is integrated: with the system of the Central Treasury "IS Treasury Budget" for the purpose of reflecting the cost estimate, the amount of concluded contracts and accounting for the savings in the procurement of budgetary organizations; with the database of the State Tax Service for automatic receipt of information on tax arrears and arrears of social benefits (2019); In the medium term, it is planned to implement the following measures: Implementation of an electronic signature (ES) to improve the security of personal accounts, harmonize and develop software for the mutual recognition of ES in the EAEU member states, as well as for holding tenders on the web portal of public procurement and signing documents using ES. A full transition to ES with authorization and identification of users of the public procurement web portal is planned to be carried out from January 1, 2021, after the acquisition of ES by all users of the public procurement web portal. From October to December 2020, time is provided for the purchase of electronic signature by users of the public procurement web portal. Implementation of the module "consulting services" on the portal. At the moment, the module has been developed and preparatory work is being carried out in the test environment of the electronic public procurement system, after which pilot tenders for consulting services will be held. The work is scheduled to be completed by the end of 2020. Ensuring transparency of the post-tender phase. Relevant changes are provided for in the draft law “On Amendments to the Law of the Kyrgyz Republic“ On Public Procurement ”. After the approval of the necessary amendments to the Law, it is necessary to improve the functionality of the portal by reflecting the post-tender phase (subject and purchase price, delivery schedule, payment terms) to ensure transparency of the processes occurring after the conclusion of the procurement contract. Integration of the public procurement portal with the information systems of other government bodies for the effective exchange of the necessary data. Introduce a mechanism for paid complaints of suppliers (contractors) to reduce the filing of unfounded complaints and stimulate the activities of the Independent Interdepartmental Complaints Commission (hereinafter referred to as the Commission). It should be noted that at present, the members of the Commission work on a voluntary basis (on a free basis). To ensure the sustainability of the established grievance mechanism, it is necessary to introduce a grievance fee. Corresponding changes have already been made to the Law and preparatory work is underway to include complaints handling services in the list of paid public services. Creation of a database of suppliers (contractors), providing for the presence of a profile of participants in public procurement to prevent cases of fraud, supply of goods of inadequate quality and unfair fulfillment of contractual obligations. In turn, this will allow obtaining reliable and up-to-date information about suppliers (contractors), since it is planned to integrate the created Database of suppliers (contractors) with existing state information resources. This measure is underway as part of USAID's technical assistance provided at the request of the Department. Creation of a tool for public monitoring through the development and implementation of appropriate software products.
Erke Turdumambetova
2514 | 0
Improving the training system at the Training Center Ministry of Finance of the Kyrgyz Republic
Erke Turdumambetova, Director of the Training Center at the Ministry of Finance of the Kyrgyz Republic A progressive approach to the needs of course trainees and a flexible pricing policy of our center allow you to receive educational services at a high level, taking into account time and cost savings. The Training Center of the Ministry of Finance of the Kyrgyz Republic (hereinafter referred to as the Training Center) consists of highly qualified specialists with many years of practical experience in the field of additional professional education, thanks to which we have earned the trust of many of our clients. We are distinguished by a modern approach to the learning process, focus on the most relevant, modern and demanded technologies, thorough comprehensive study of educational programs for the most effective mastering of the material. New technologies not only change the way products and services are produced, but also create new opportunities for the implementation of civil rights, self-realization of the individual, gaining knowledge, educating a new generation and spending leisure time. For over 40 years, the Training Center has been operating in three main areas: 1. advanced training courses for the entire system of the Ministry of Finance of the Kyrgyz Republic, which is about 1000 employees from: the central office, 55 territorial departments and four subordinate organizations for which all training is carried out free of charge; 2. "open" courses, according to the Price List of tariffs for paid educational services conducted by the Training Center (for which everyone can sign up); 3. 16 online courses (in the state and official languages) presented by the center (free of charge) on the following topics: - Formation and execution of local budgets; - Program budgeting; - Incentive grants; - Single treasury account; - Public procurement management; - Course on public procurement for suppliers; - Course on working with the Public Procurement Portal; - Conducting public hearings on draft local budgets; - Formation of the civil budget for local budgets and many others. Over the past 8 years, more than 40 thousand students have studied at the Training Center, we rightly consider this a symbol of recognition of our center (2012 - 1415 people; 2013 - 1693; 2014 - 2696; 2015 - 9180; 2016 - 6715, 2017 - 6567, 2018 - 6030, 2019 - 5905). For comparison, in 2010 and 2011 the number of course participants was only: 470 and 477 people. Global trends (especially during a pandemic) indicate that the introduction of digitalization is an inevitable, natural process that is a requirement of the time. At the Training Center since 2016. there is a website - Educational portal (https://ucmfkr.okmot.kg), created with the aim of introducing distance learning technologies (hereinafter - DOT) into the educational process. The educational portal is an information and educational system developed on the basis of AVN. This software product is built in accordance with the standards of information training systems. We consider it necessary to list some of those positive aspects that have led to an increase in the availability and popularity of the courses of the Training Center: - Entry into the Unified Register (list) of public services provided by executive authorities, their structural divisions and subordinate institutions "(April 9, 2013 No. 179); - Obtaining two licenses from the Ministry of Education and Science of the Kyrgyz Republic (in the field of additional education, as well as in the form of training - using DOT); - Opening of two branches of the Training Center of the Ministry of Finance of the Kyrgyz Republic in the cities: Jalal-Abad (2013) and Osh (2016); - Innovative equipment, equipped with audiovisual means and other teaching tools, as a result of the modernization of the infrastructure and material base of the Training Center (with the support of the project "Development of capacity in public finance management" MDTF); - Practitioners with extensive practical experience and who are the developers of the regulatory framework in the field of economics and finance, public procurement, and many others are involved in lecturing and carrying out practical work. (trainer from the Ministry of Finance of the Kyrgyz Republic, the Central Treasury of the Ministry of Finance of the Kyrgyz Republic, the Department of Public Procurement under the Ministry of Finance of the Kyrgyz Republic, State Enterprise "Info-system" and many others); - Annual holding of international events and many others. I would like to dwell in more detail on one of the activities of the Training Center - conducting training courses on public procurement. The Training Center, in accordance with its Regulations, since 2010. conducts courses for training, retraining and advanced training of personnel of the system of public procurement of goods, works and services with the issuance of confirming certificates of the established form of the Ministry of Finance of the Kyrgyz Republic.Stationary (one-day, two-day specialized; five-day basic; nine-day advanced) and distance learning (online) courses on public procurement procedures are conducted. June 26 this year The Law of the Kyrgyz Republic “On Amendments to the Law of the Kyrgyz Republic‹ “On Public Procurements” came into force. In aggregate with changes from January 11, 2019. in the Law of the Kyrgyz Republic “On public procurement”, there have been significant changes in terms of procurement procedures. In this regard, all training programs and materials were brought into line in accordance with the new edition of the Law. In particular, specialized courses were developed (Amendments to the Law "On Public Procurement"; "Rules for Participation and Submission of Competitive Bids in Electronic Public Procurement") in the amount of 8 academic hours. Also, for the first, second, third days of training within the Basic Course, the content of the Advanced Course and the content of existing online courses (presentations, modules, case studies, test questions), edits were made. To strengthen the training system of the Training Center, effective and currently popular tools - webinars - have also been introduced into the educational process. One of the important directions in the development of educational activities of the Training Center is the use of DOT, online courses have gained popularity and remain especially valuable for listeners in remote regions and with a tight work schedule who want to improve their skills. So since 2016. The training center launched online public procurement courses to provide procurement professionals and the business community with a wealth of knowledge ranging from legal requirements to best practices in public procurement. The course covers the procurement planning and bidding procedures required by the national public procurement process, and also contains video tutorials on “How to use the electronic public procurement portal”. The online version of the course is available to everyone on the Learning Center website. Taking into account the fact that the Internet connection is weak in remote villages, the training course was distributed on CDs among employees of territorial departments of the Ministry of Finance of the Kyrgyz Republic and municipalities so that employees of local state and municipal bodies could have "anytime, anywhere" access to this course. The pandemic has made it clear to us that procurement and timely deliveries are critical to providing the public with medicines and personal protective equipment. July 7, 2020 The training center, together with the Higher School of Economics National Research University (Perm, Russia), Crown Agents Ltd (Great Britain), held an international online seminar for 98 participants from different countries on the topic: “Procurement and supply chain management in a pandemic COVID-19 ", the purpose of which is to discuss the problems associated with the organization of operational procurement and supply chains, as well as ways to solve them during the COVID-19 pandemic. During the seminar, Brian Richmond, Director of Crown Agents and Tatiana Korotchenko, Head of the Representative Office in Ukraine shared their experience and discussed the problems faced by the countries, how to purchase the right quantity, the right quality and the required technical specifications. I would like to note that the staff of the Training Center during the Emergency Situation were able to urgently adapt many courses to the online mode and conducted them on a regular basis using DOT. Students of the course, using convenient electronic tools, in a convenient place for them, mastered new technologies and raised their level of competence. Topical online lectures were supplemented with various practical tasks and examples to connect to which through a computer or telephone, the listeners only needed access to the Internet. In order to increase the potential in the field of public procurement, as well as to provide high-quality additional education, the Training Center is always ready to cooperate with higher educational institutions not only in Kyrgyzstan, but also in the countries of near and far abroad. In the short term, the training center plans, together with the management of Info-system SE, to conduct activities within the framework of the Project for the development of a universal platform for distance learning "Digital Skills", as well as conduct training for external users of the information system registered as VAT payers on the topic: Electronic invoice ”, introduced by the State Tax Service under the GPC within the framework of the Project on the fiscalization of tax procedures.
Akylbek Umetaliev
2510 | 0
Proposals for strengthen the public procurement system of the Kyrgyz Republic
The Organization for Economic Cooperation and Development (OECD) and the World Bank on November 10, 2007, in close cooperation with a group of specialists established by the Government of the Kyrgyz Republic, assessed the public procurement system. The OECD methodology was based on four elements that assessed: (a) legal and regulatory framework; (b) institutional framework and good governance; (c) procurement operations and market practices; (d) reliability and transparency of the public procurement system. Figure 1 shows the scoring results for the four elements of the OECD. The highest composite score (2.1) was given to the legal and regulatory element (Element I). In other words, according to the assessment based on the baseline indicator (BI), in general, laws and regulations in the Kyrgyz Republic meet acceptable international standards. Conversely, the scores for the remaining three elements indicate serious deficiencies. However, in subsequent periods, clear and relevant results of the assessment did not serve as the basis for an action plan for the development of the public procurement system. The Public Procurement Agency was reorganized into the Department of Public Procurement Methodology (DPPM) and subordinated to the Ministry of Finance. The National Training Center for Procurement (NTCP), which achieved stable and good results, was privatized, and its functions were later restored with great difficulty in the Training Center of the Ministry of Finance. In February 2012, a regular country procurement review (CPR) was carried out and a report on the results of the review was drawn up by a joint mission of the World Bank (WB) and the Asian Development Bank (ADB). The most important recommendations for the Government of the Kyrgyz Republic to improve the efficiency of the public procurement system and to bring it in line with international best practices are proposed: 1. The legal framework for procurement should be reviewed and changed; 2. A strategy for improving the public procurement system for the next few years should be developed; 3. Annual reports on public procurement should be prepared and published through the procurement website; 4. The Department of public procurement Training Center should conduct frequent procurement training workshops for government officials involved in procurement activities and auditing of procurement transactions. The above and other important recommendations are mainly implemented by the Government of the Kyrgyz Republic: 1. The authorized state body, the Department of Public Procurement, has been reinstated with broader regulatory and coordinating powers. 2. With the support of the World Bank, amendments were made and the Law on Public Procurement was adopted in 2015. 3. An electronic public procurement portal has been developed and is operating. 4. Interaction with suppliers / contractors and civil / expert community has improved. 5. The mechanism for handling complaints and claims has been active. Following this assessment, all stakeholders were constantly and efficiently working again on Element I - a legislative and regulatory framework that was at a high international level 2.1 points out of 3, instead of working to improve the other three Elements. I can only assume that the incompetence of knowledge or the group interests of the participants in the public procurement process led them to the conclusion that the main obstacle “supposedly for the development of public procurement” was the Law “On Public Procurement”. As a result, the Law, passed in 1997, amended in 2004 and well received by the OECD, has undergone so many changes that it has become voluminous, unreadable, complex, controversial and incomprehensible. Especially for the direct users of the Law - procurement specialists, it has become unbearable and difficult to apply such a Law in practice. In the Law, you can find many errors not only of a semantic nature, but also grammatical, contradictory points and articles. The well-known principle of economics - the effect of reverse return (proverbs proving this principle: many cooks spoil soup, seven nannies have a child without eyes, when there are many shepherds, sheep die) worked, it was impossible to endlessly improve the Law, and stop still in 2008. Several examples can be given, reducing the basis for the application of the law: threshold amounts, unjustified exemption from the regulation of the Law - Article 2, paragraph 3.4.5, Article 21, paragraph 4.5., strengthening punitive measures for business-"black list", bureaucratization of complaints, the excessive complication of procedures by electronic procurement as a method, protectionism. In my opinion, further it is necessary to suspend any interference with the existing legislative and regulatory framework under far-fetched reasons and conduct a complete revision (reengineering). Optimize, synchronize, harmonize and unify all regulations immediately, by a competent consulting company with the participation of all stakeholders. As can be seen from the results of the 2007 assessment, for the baseline indicator “Institutional framework and governance of the public procurement system” (Element II), the average score was 1.0 on a three-point scale. Such an assessment meant the need to significantly strengthen the institutional framework - personnel and improve the efficiency of the management of the public procurement system. However, subsequently, it was not possible to ensure significant progress on this indicator, and the 2012 assessment indicated the following shortcomings and recommendations: 1. The level of procurement competence among government officials is low and there is no sustainable procurement capacity building strategy. 2. The Government of the Kyrgyz Republic needs to strengthen and support the training center of the Ministry of Finance and other qualified educational institutions, universities as one of the sustainable mechanisms for strengthening procurement capacity. 3. The Government of the Kyrgyz Republic needs to assess the needs for capacity development and, based on the results obtained, prepare and implement a national strategy for the development of procurement capacity, taking into account all available resources - such as existing mechanisms for training civil servants, universities, colleges, institutes, associations. The successful implementation of this task was the main goal of the education strategy in the public procurement system of the Kyrgyz Republic. On my personal initiative, in order to achieve this goal in 2009, I established the Department of Logistics at the Kyrgyz State Technical University named after I. Razzakov to study bachelors, masters and doctoral students in public procurement. Universities should become a center for knowledge, research and excellence for procurement professionals. The authorized public procurement body, procuring entities, suppliers and contractors, business and civil society involved in public procurement processes should work closely and interact with Universities. Bachelors and masters have the knowledge and skills to manage the complete procurement process - planning, specification development, supplier market analysis, customer requirements, transportation delivery design, administrate of contract, conduct research on efficiency issues in public procurement. We have built close relationships with procuring entities, suppliers, contractors, the expert community and civil society. The World Bank Group, recognizing the importance of institutional strengthening of the public procurement system of the Kyrgyz Republic, on May 13, 2020 launched the project "Establishment of public procurement and logistics observatory in the Kyrgyz Republic" at the Department of Logistics of the Kyrgyz State Technical University named after I. Razzakov. The public procurement and logistics observatory (PPLO) is a platform for observing procurement processes and promoting best practices, initiating dialogue between relevant stakeholders. PPLO will carry out qualitative and quantitative analysis of procurement processes in the Kyrgyz Republic, and share them with government officials and citizens through this portal, blogs, tweets, newsletters, seminars and trainings. It will also oversee procurement processes, disseminate innovative forms of public procurement, and advocate for best procurement practices in the Kyrgyz Republic. All this stimulates cost savings and improved procurement efficiency.
Temirbek Shabdanaliev
2062 | 0
Public scrutiny and an effective criterion are important tools for public procurement management
T. M. Shabdanaliev, Chairman, Association of carriers and logistics of the Kyrgyz Republic. On behalf of the heads of transport and logistics enterprises, I would like to express my appreciation to the World Bank group, the government of the Kyrgyz Republic and the Kyrgyz State Technical University named after I. Razzakov for supporting and implementing the project "Establishment of the National Public Procurement and Logistics Observatory". The public procurement system in our country has passed the stage of formation and is developing in accordance with the current trends. There are a lot of problems and drawbacks in this area, and the established center will help to solve the main problem of the public procurement system – to graduate competent specialists in the management of procurement of goods, works and services. As a Chairman of the Public Supervisory Board under the Ministry of Economy of the Kyrgyz Republic until 2015, my colleagues and I have raised an issue about tender’s quality for several times. We have studied the tender’s procedure, transparency of results, and introduction of a protest mechanism. However, after 2015, the policy towards the activities of the Public Supervisory Board has changed and the results of their work have become less effective. Therefore, this center could establish cooperation with the Supervisory Boards and provide them with information, analytical opinions and research results to strengthen civil society control in the field of procurement. In autumn, 2017, I wanted to provide practical support to my brother from Kochkor village, Naryn region and drew up documents to participate in the procurement of meat for kindergartens and schools in Bishkek. We applied all the necessary documents and provided additional information about the advantages of our shop – industrial slaughter of animals in compliance with technology and temperature conditions, veterinary standards, sanitation and hygiene of employees. The consignment of meat was accompanied by a certificate of quality confirmation, a veterinary certificate with a driver's health record and a permit to transport meat by car. Also, we were providing an invoice with VAT to the buyer, by that we were promoting to pay taxes by the buyer and government. The tender Commission, after opening the envelopes and familiarizing the participants, read out the Protocol, where they selected the supplier who offered the lowest price. The Commission did not consider other delivery criteria. They did not discuss the availability of a production base, fattened livestock for systematic slaughter and meat supply, or the technologies used for slaughtering and butchering. For this purpose, our company invited a slaughterer technologist from the USA, who trained the USA and France method to our 12 employees under the "farmer - to-farmer" program. At the selection Committee meeting, there was no word about the documents confirming the quality, timing, delivery conditions and suitability of meat for cooking for children in kindergartens and schools. Suppliers were resellers - speculators who did not have their own shop and livestock for slaughter. After the tender, my brother and I talked to the Chairman of the Commission, he admitted that the main criterion for selecting suppliers was the price. We assumed that when conducting tenders, effective selection criteria are not taken into account, and there are corruption risks on the part of purchasing organizations. In addition, the contemporary history of Kyrgyzstan shows that there are a lot of dishonest officials in higher bodies of state authority who pass regulations with corrupt conditions to use it for personal gain in the future.
Akylbek Umetaliev
1948 | 0
24
Intensifying cross-border logistics collaboration opportunities using a virtual logistics center
Péter Tamás1*, Béla Illés2, Tamás Bányai3, Ágota Bányainé Tóth4, Umetaliev Akylbek5, Róbert Skapinyecz6 1,2,3,4,6 Institute of Logistics, University of Miskolc, Hungary 5 Department of Logistics, Kyrgyz-German Technical Institute, Kyrgyz State Technical University named I. Razzakov, Kyrgyzstan Аbstract There are a number of untapped opportunities for cross-border logistics cooperation, one of which is the operation of virtual logistics centers. The Institute of Logistics of the University of Miskolc researched the possibilities of establishing and operating Virtual Logistics Centers in many fields (e.g. automotive industry, maintenance systems, etc.). The paper describes a proposed concept for the operation of virtual logistics centers for cross-border cooperation, as well as explores the possible benefits of the application. The proposed concept can provide a good basis for the development of a virtual logistics center in the border regions of Miskolc (Hungary) - Košice (Slovakia), and also in the border regions of Bishkek (Kyrgyzstan) - Almaty (Kazakhstan). Keywords: cross-border cooperation, logistics service, virtual logistics center
Akylbek Umetaliev
4828 | 0
The vision for institutional strengthen public procurement
The Government of the Kyrgyz Republic ensured the establishment of a public procurement system, and further is making efforts to integrate into global supply chains. Mitigating or overcoming this challenge requires a significant enhance the capacity building of the public procurement system. Existing, various short-term workshops and training courses cannot solve this problem. Therefore, it is necessary to launch educational programs at universities for bachelor, master and doctorate in public procurement. Universities should become the dissemination center of science, research and good practice for procurement professionals. The authorized public procurement agency, procuring entities, suppliers and contractors, business community and civil society involved in public procurement processes should closely cooperate and interact with universities. Established Public Procurement and Logistics Observatory at the Kyrgyz State Technical University has competent lecturers, teachers and researchers, also bachelors and masters for professional activities in public procurement and World Bank projects. Bachelors and masters have knowledge and skills in managing the complete procurement process - planning, specification development, supplier market analysis, customer requirements, transportation and delivery design, contract administration, procurement benchmarking, conduct research of problems on the effectiveness of public procurement. We have created close relations with procuring entities, suppliers, contractors, the expert community and civil society. Another feature of our integrated approach to supply chain management is the adoption of some form of synchronization of the customer’s and supplier’s processes (Donald Waters).
Akylbek Umetaliev
2070 | 0
10
PRODUCT IDENTIFICATION PROBLEMS USING INDUSTRY 4.0 TECHNOLOGIES
Akylbek Umetaliev published an article on the problem of production logistics JPE (2020) Vol.23 (1) Original Scientific Paper Tóth, L., Akylbek, U., Cservenák, Á., Bányai, T., Illés, B., Tamás, P. PRODUCT IDENTIFICATION PROBLEMS USING INDUSTRY 4.0 TECHNOLOGIES Received: 26 March 2020 / Accepted: 11 June 2020 Abstract: Industry 4.0 technologies can improve not only the performance of manufacturing and assembly processes, but also the efficiency of related logistic operations can be increased. Within the frame of this article we show a system for identifying product mixing problems using Industry 4.0 technologies. The identification of loading unit building equipments and products is based on RFID tags. We used Excel format database file to hold the binding matrix of the products. We have developed a software that controls our industrial IF30 RFID reader. Our software performs a product mix detection test as well. Key words: RFID, product identification, product mixing problems, Industry 4.0 Availability: http://www.jpe.ftn.uns.ac.rs/published20_no1.html Article is attached.