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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of March 4, 2022 No. 101

About approval of the Procedure of public procurements of goods, works and services during the designing and rail road construction for ensuring national security

For the purpose of creation and maintenance of security of strategic objects of the State company "The Kyrgyz Temir Shola national company, involved in questions of ensuring national security of the Kyrgyz Republic, development of economy and regions, network of the railroads of the country, according to Item 15 of part 4 of article 21 of the Law of the Kyrgyz Republic "About public procurements" and articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" decides the Cabinet of Ministers of the Kyrgyz Republic:

1. Approve the Procedure of public procurements of goods, works and services during the designing and rail road construction for ensuring national security according to appendix.

2. This resolution becomes effective after seven days from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of March 4, 2022 No. 101

Procedure of public procurements of goods, works and services during the designing and rail road construction for ensuring national security

1. General provisions

1. This Procedure regulates implementation of public procurements during the designing and rail road construction for ensuring national security according to Item 15 of part 4 of article 21 of the Law of the Kyrgyz Republic "About public procurements" (further - the Law).

2. The public procurements which are carried out according to this Procedure are performed in case of projects implementation on designing and rail road construction, having strategic importance for ensuring national security of the Kyrgyz Republic.

2. Implementation methods, organization and carrying out public procurements

3. Carrying out public procurements is performed according to the provisions of the law, regulatory legal acts in the field of public procurements and this Procedure.

4. Public procurements are conducted by one of the following methods:

1) without placement of the announcement on the web portal of public procurements according to part 2 of article 21 of the Law;

2) by means of the electronic catalog, according to part 5 of article 21 of the Law.

5. The buying organization independently determines method of implementation of public procurements according to this Procedure.

6. The organization and carrying out public procurements of goods, works and services provide accomplishment of the following consecutive events:

- procurement planning;

- development of the technical specification (the sheet of amounts of works and consumable materials, the preliminary specifications) of the purchased goods, works and services;

- monitoring (studying) of the market;

- monitoring of the prices based on the received commercial offers from suppliers (contractors);

- conclusion of the agreement.

3. Procurement planning

7. The buying organization develops and approves the annual plan of public procurements according to requirements of the Law and this Procedure.

8. The annual plan of public procurements shall contain the following data:

- the name of subject of purchases, including the amounts allocated for implementation of public procurements and amounts of goods, works and services;

- account number and expenditure item.

9. The buying organization has the right to make changes and/or additions to the annual plan of public procurements.

4. Development of the technical specification of the purchased goods, works and services

10. The buying organization for the purpose of planning and carrying out market monitoring and the prices of the purchased goods, works and services develops the technical specification necessary for designing and rail road construction.

11. The technical specification of the purchased goods, works and services shall reflect requirements to the planned purchases.

5. Market monitoring and prices

12. For determination of the planned amount of acquired goods, works and services and selection of the potential supplier (contractor) the buying organization carries out market monitoring and the prices.

13. Monitoring of the prices is performed by means of request of the commercial offer from suppliers (contractors).

14. When implementing monitoring of the prices by the written request of the commercial offer the request of the buying organization shall contain the name, qualification requirements, the technical specification, term and delivery method of goods, performance of works and rendering services.

15. Carrying out monitoring of the prices by means of the electronic catalog is performed according to the Regulations on procedure for carrying out public procurements of goods, works and services by means of the electronic catalog of the web portal of public procurements approved by the order of the Government of the Kyrgyz Republic of May 30, 2019 No. 243.

6. Conclusion of the agreement

16. The agreement in the procedure established by the Law is signed with the potential supplier (contractor) whose proposal meets all requirements of the buying organization.

17. The buying organization can request from the potential supplier (contractor) warranty ensuring agreement performance in the amount of and form, specified in article 52 of the Law.

18. Warranty ensuring agreement performance returns or keeps in the cases specified in article 52 of the Law.

19. The agreement is signed in writing and becomes effective from the date of its signing by the parties.

20. The buying organization within two working days places information on the signed agreement on the web portal of public procurements according to part 3 of article 21 of the Law.

 

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