ORDER OF THE MINISTRY OF FINANCE OF THE KYRGYZ REPUBLIC

of May 17, 2022 No. 85-p

About approval of the Procedure for carrying out electronic public procurements

For the purpose of realization of part 3 of Article 2 and the subitem 1 of part 2 of article 8 of the Law of the Kyrgyz Republic "About public procurements", being guided by the order of the Government of the Kyrgyz Republic "About delegation of separate rule-making powers of the Government of the Kyrgyz Republic to state bodies and executive bodies of local self-government" of September 15, 2014 No. 530,

I ORDER:

1. Approve the Procedure for carrying out electronic public procurements according to appendix.

2. Recognize invalid:

1) the order of the Ministry of Finance of the Kyrgyz Republic "About approval of regulatory legal acts in the sphere of public procurements" of October 14, 2015 No. 175-P;

2) the order of the Ministry of Finance of the Kyrgyz Republic "About approval of the Procedure for carrying out tender by method on reduction in price" of August 22, 2017 No. 112-P;

3) the order of the Ministry of Finance of the Kyrgyz Republic "About approval of the Regulations on operating procedure of the independent interdepartmental commission on consideration of claims and protests, and also on inclusion in the database of unreliable and unfair suppliers (contractors)" of October 11, 2017 No. 140-P;

4) the order of the Ministry of Finance of the Kyrgyz Republic "About introduction of amendments to the order of the Ministry of Finance of the Kyrgyz Republic of October 11, 2017 No. 140-P "About approval of the Regulations on operating procedure of the independent interdepartmental commission on consideration of claims and protests, and also on inclusion in the database of unreliable and unfair suppliers (contractors)" of February 6, 2018 No. 19-P;

5) the order of the Ministry of Finance of the Kyrgyz Republic "About formation of the independent interdepartmental commission on consideration of claims and protests" of May 28, 2018 No. 2-DP;

6) the order of the Ministry of Finance of the Kyrgyz Republic "About introduction of amendments to the order of the Ministry of Finance of the Kyrgyz Republic "About formation of the independent interdepartmental commission on consideration of claims and protests, and also on inclusion in the database of unreliable suppliers (contractors)" of May 28, 2018 No. 2-DP" of January 14, 2019 No. 3;

7) the order of the Ministry of Finance of the Kyrgyz Republic "About approval of regulatory legal acts in the sphere of public procurements" of December 31, 2019 No. 150-P;

8) the order of the Ministry of Finance of the Kyrgyz Republic "About introduction of amendments to the order of the Ministry of Finance of the Kyrgyz Republic "About approval of the Regulations on operating procedure of the independent interdepartmental commission on consideration of claims and protests, and also on inclusion in the database of unreliable and unfair suppliers (contractors)" of October 11, 2017 No. 140-P" of March 30, 2020 No. 42-P;

9) the order of the Ministry of Finance of the Kyrgyz Republic "About approval of the Instruction (Management) for administration of the electronic catalog of goods, works and services of the web portal of public procurements" of October 2, 2020 No. 99-P;

10) the order of the Ministry of Finance of the Kyrgyz Republic "About approval of the Methodical instruction for application of privileges to internal suppliers and contractors" of February 2, 2021 No. 1-DP.

3. To legal support division to carry out the following works:

1) within three working days from the date of registration to publish this order in the newspaper of "Erkin-limited liability partnership" in the state and official languages and on the official sites of the Cabinet of Ministers of the Kyrgyz Republic and the Ministry of Finance of the Kyrgyz Republic;

2) within three working days from the date of official publication to send this order to the Ministry of Justice of the Kyrgyz Republic for inclusion in the State register of regulatory legal acts of the Kyrgyz Republic;

3) within three working days from the date of entry into force to send the copy of the order to Administration of the President of the Kyrgyz Republic.

4. To department of public procurements to carry out coordination and regulations of activities of the buying organizations for implementation of public procurements of goods, works, services and consulting services according to this order.

5. This order becomes effective from the date of official publication.

Appendix

Approved by the Order of the Ministry of Finance of the Kyrgyz Republic of May 17, 2022, No. 85-p

Procedure for carrying out electronic public procurements

§ 1. General provisions

1. This Procedure is developed according to the Law of the Kyrgyz Republic "About public procurements" (further - the Law) and determines procedure for the organization and carrying out electronic public procurements of goods, works, services and consulting services.

2. This Procedure does not extend to the following purchases:

1) connected with protection of the state secrets;

2) performed by National Bank of the Kyrgyz Republic;

3) at the expense of means of the international funds founded for the purpose of assistance to economic cooperation between the Kyrgyz Republic and other states;

4) connected with services of hemodialysis for patients with chronic renal failure of the fifth stage;

5) performed by the state and municipal companies, joint-stock companies where the state owns share in the authorized capital, including their affiliated economic societies.

3. In this Procedure the following concepts are used:

asymmetric enciphering - method of enciphering of the proposal of the supplier and consultant, with use opened and the closed keys of the Digital signature. The open key is applied to enciphering of information. The closed key is applied to disaggregation of the data ciphered by open key. In case of application of asymmetric enciphering, the buying organization/agent determines responsibles for decoding by the closed keys of the proposal of suppliers/consultants before the publication of the announcement of purchase;

private office - the automated workplace of buying organization/agent, the supplier (consultant) on the web portal of public procurements for implementation of procedures of public procurements electronically, participations in public procurements, and also receipts of automatic notifications and information placed on the web portal of public procurements (web portal).

4. Public procurements of goods, works, services and consulting services are performed with use of the web portal or electronic catalog.

5. When purchasing goods, works, services and consulting services of the requirement to conflict of interest are regulated by provisions of article 6 of the Law. In the presence of conflict of interest, proposals of suppliers or consultants are rejected.

6. For carrying out public procurements the buying organization/agent shall have:

- in organizational structure the purchasing department developed and the approved regulations of work of purchasing department.

In the absence of purchasing department implementation of purchases is assigned to one of the departments or on certain workers (except employees of the junior drying personnel) the buying organizations having the certificate of the specialist in public procurement, certificates shall be updated in process of introduction of amendments to the Law;

- software and hardware for work with electronic system of public procurements.

For carrying out public procurements the buying organization/agent shall undergo the procedure of registration on the web portal with indication of role "The buying organization", "Agent".

7. Process of carrying out purchases, goods, works, services and consulting services on the web portal consists of the following actions:

- registration of buying organization/agent and the supplier, the consultant is performed by means of the strengthened qualified digital signature (further - the qualified digital signature) issued by the confirmed certification center in the Kyrgyz Republic;

- forming and publication of procurement plan, modification of the plan;

- forming of the list of structure of the commission on purchase;

- forming of the announcement of consulting services;

- direction consultants of the letter on interest;

- forming of the short list of consultants;

- forming of documentation on purchase and modification of it;

- forming of structure of the commission on purchase;

- approval of documentation on purchase by the commission on purchase and publication of the announcement of carrying out purchases;

- requests of suppliers, consultants about explanation of provisions of documentation on purchase;

- explanation of documentation on purchase buying the organization/agent of provisions to suppliers;

- forming of offers by suppliers, consultants;

- submission of offers by suppliers, consultants;

- opening of proposals of suppliers, consultants web portal and publication of the protocol of opening of offers;

- assessment and comparison of offers by the commission on purchase, the direction of requests to suppliers for explanation of offers, including on prolongation of proposal validity;

- determination of the winner;

- award of the contract or other decision on the carried-out purchase according to provisions of the Law and the publication of results of purchase on the web portal;

- information on confirmation of the supplier, consultant of the conclusion of the contract or refusal of the conclusion of the contract;

- assignment of the contract to the supplier following according to rating, the consultant, in case of refusal the won supplier, the consultant from the conclusion of the contract if the buying organization/agent makes the relevant decision;

- the conclusion of the contract and the publication of information on the signed contract according to part 2 of article 47 of the Law;

- giving by suppliers and consultants of claims and protests in the course of public procurements;

- giving by the buying organization/agent of protest and the address on inclusion of the supplier, consultant to the Database of unfair suppliers and consultants;

- the publication of the decision of the buying the organization/agent and independent commission on consideration of the arrived claims from suppliers and consultants;

- by results of obligation fulfillment of purchase contracts by the parties placement on the web portal the administrator of contracts of the relevant documents and information according to part 2 of article 48 of the Law.

8. The purchasing department of the buying organization performs functions according to the requirements established by the Law and this Procedure.

9. The commission on purchase of the buying organization shall correspond to part 4 of article 9 of the Law and performs the functions provided by part 5 of article 9 of the Law.

10. The supplier can submit only one proposal on purchase - or independently, or as a part of particular partnership (consortium). If the supplier submitted more than one proposal - or independently, or as a part of particular partnership (consortium) - all offers with participation of this supplier are subject to variation.

§ 2. Procurement planning. Forming of the plan. Market monitoring. Creation of the commission about purchase

11. Each responsible division of the buying organization taking into account the purchases which are carried out for last years determines the requirements (requests) based on the established standard rates and transfers together with developed technical specifications to purchasing department. If by consideration of technical specifications by purchasing department it becomes clear that technical specifications are developed in defiance of requirements of the Law and this Procedure, technical specifications return to responsible division for review.

12. The purchasing department creates procurement plan according to the provided requests and brings in procurement plan on the web portal according to appendix 1 to this Procedure.

13. When forming procurement plan the purchasing department carries out market monitoring of the purchased goods, services. During monitoring the purchasing department in addition to the prices conducts research on availability of the declared subject of purchase of goods, services in the market and possibility of suppliers to deliver goods / to render service, and also other essential conditions of future contract, such as production term, term of deliveries, in case of lack of goods, availability of spare parts and the service center in the territory of the Kyrgyz Republic.

14. When purchasing goods and services the purchasing department carries out monitoring of the prices, by studying of public sources, and price analysis of earlier carried out purchases on the web portal by other buying organizations, and also has the right to carry out price analysis in public sources of the Internet or to send to suppliers inquiries for provision of commercial offers.

On the final (standard) goods which are not requiring special production, and service with the specific description, purchasing department can carry out monitoring of the prices through the electronic catalog.

The purchasing department brings in procurement plan the average price regarding purchase received by addition of all prices and the received sources divided into quantity.

If it is not possible to find the prices of specific goods or service, department the purchases/agent can use the prices on uniform or similar in functionality goods/service with similar quality characteristics.

In case of lack of goods in the market of the Kyrgyz Republic, the purchasing department shall provide research of the foreign market and when monitoring the prices to consider taxes, transportation expenses, expenses on insurance and procedures for customs clearance of goods, and also approximate markup on the goods cost (no more than 20%).

On condition of accomplishment of all specified actions, and in case of identification of the prices only at one supplier, it is considered that monitoring is carried out.

Carrying out monitoring (research) the market is not considered participation of suppliers in preparation of requirements to documentation on purchase.

15. When purchasing works on new or capital construction the purchasing department brings in procurement plan the estimated cost of works, with indication of the name, the construction object address on the basis of the developed design estimates (DE) which passed the examination in authorized state body on development and realization of policy in the sphere of architectural and construction activities, except for constructions of industrial facilities according to the legislation of the Kyrgyz Republic in the sphere town planning and architecture. In procurement plan the total amount provided on asset construction is specified.

By the design and estimate documentation it shall be developed taking into account construction regulations and rules (Construction Norms and Regulations) which determine all main requirements and the principles of construction, and also cover all stages of construction and types of construction activities. Application of Construction Norms and Regulations is necessary for determination of the budget of construction. If the design estimates were developed earlier (prescriptive limit more than one year), then it is necessary to increase the estimated cost of object based on the coefficients approved by authorized body. In case of determination of estimated cost of works, on case of contingencies (over the established amounts), the Buying organization can provide the reserve amount. The announcement of purchase on the web portal is carried out without the reserve amount.

In case of lack of the design and estimate documentation, the buying organization carries out purchase of consulting services on development of the design and estimate documentation.

When purchasing works on running repair the head of the buying organization as the order creates the commission for creation of the defective act. For creation of the estimate of running repair, the buying organization carries out purchase of services of estimator. Based on the defective act the estimator determines work types and amount of consumable materials, constitutes the sheet of amounts of works and the table of consumable materials with indication of technical specifications and removes total cost of running repair. In case of determination of estimated cost of object the estimator shall consider all expenses and taxes connected with accomplishment of the current work. In procurement plan the buying organization specifies the name of running repair, with indication of the address and the cost of running repair.

16. When purchasing services the buying organization develops the specification and determines types and amounts of consumable materials. On consumable materials the technical specification is developed. On the basis of the specification and the technical specification the estimate on services is constituted.

17. When purchasing consulting services the buying organization develops the specification. On the basis of the developed specification, the buying organization/agent constitutes expense budget (budget) of purchase. In case of determination of task duration, it is necessary to calculate the term of accomplishment of the specification by foreign and local consultants. Proceeding from task duration, the cost of compensation (remuneration), the refunded expenses (are respectively subdivided on foreign and local), organizational technical support and initial material resources is calculated. For selection of individual local consultants, in case of creation of expense budget, expenses on compensation of local consultants it is constituted taking into account the order of the Government of the Kyrgyz Republic "About payment terms of work of the workers occupied in the preparation and projects implementation financed by international financial institutions and the donor countries (the credits and grants)" of August 5, 2015 No. 562. The amount of the consulting services described in the specification shall correspond to expense budget (budget).

18. In procurement plan the method of public procurements and source of financing is specified.

19. When forming the plan, the buying organization approves the list of the procurements with indication of the name of subject of purchase conducted by limited method and method from one source.

20. At the beginning of financial year the head of the buying organization approves by the order on categories (i.e. on field of activity or departments and managements) the list of the employees, staff of other bodies and representatives of civil society based on the addresses submitted by them and applications for inclusion in subsequent in structure of the commissions on purchases.

On the web portal the head enters necessary number of members of the commission on each category whose selection is performed by the web portal by means of random check from number of persons employed, included in this category.

Staff of other bodies and representatives of civil society are included the commissions on purchase based on the application submitted by them or the official letter signed by the head of body, employees whom they are. Such application can be submitted either at the beginning of year, or after the publication of procurement plan with particular procurement, anyway before the publication of the announcement. In case of receipt of such address / statement or official letter, the buying organization has no right to refuse inclusion of specified persons in structure of the commission on purchases. If the buying organization has the status of "sensitive site" the staff of other bodies and representatives of civil society can not be attracted in structure of the commission.

From the moment of inclusion in structure of the commission, the staff of other bodies and representatives of civil society have functions and responsibility according to parts 5 and 9 of article 9 of the Law.

After forming of structure of the commission on purchase the web portal directs to each member of the commission to e-mail login and the password for entrance on the web portal and access to purchase.

Members of the commission on purchase cannot refuse accomplishment of the assigned functions without valid excuse. If the member of the created commission cannot perform the assigned functions, the head of the organization has the right to make changes to structure of the commission by manual selection. In case of change of the commission after approval of criteria of documentation on purchase, that such change shall be based on the order of the head in which the reason of changes is specified.

Chapter 1. Procedure for carrying out electronic public procurements of goods, works and services

§ 3. Choice of method of purchases of goods, works and services

21. The choice of method and method of procurement, is performed on the bases both according to the procedure by the established Law and this Procedure.

The purchasing department chooses purchase method proceeding from specific circumstances and purchases are more whole. Public procurements are conducted by the following methods:

1) unrestricted;

2) limited;

3) request for quotation;

4) from one source.

The buying organization when forming procurement plan independently determines method of purchases.

22. In case of the choice of method of consulting services, the buying organization/agent is guided by Chapter 3 presents of the Procedure.

23. In case of implementation of centralized purchases, the Agent performs the independent choice of method of purchases irrespective of the chosen method the buying organization specified in procurement plan.

Unrestricted method

24. For the choice of unrestricted method of purchase and its methods, the buying organization in the list of purchases determines purchases:

For which 1) qualification data of the supplier, technical and quality characteristics of subject of purchase are the main criteria for effective implementation of the contract, minimum price is not the main selection criterion;

2) it is impossible to determine in advance specific technical and quality characteristics of the purchased goods, works or services in this connection discussion of the specifications with suppliers for the purpose of decision making which are most satisfying requirements of the buying organization is necessary. Discussion is carried out only according to technical specifications and methods of accomplishment.

The unrestricted method of purchases can be carried out by two methods:

- two-package or;

- with negotiations.

25. The procedure of purchases in case of application of unrestricted method is carried out according to the procedure and the terms established in article 20 of the Law and this Procedure and causes the following:

- the number of the suppliers participating in purchase is not limited (one and more);

- it is applied irrespective of the planned budget;

- any interested supplier has the right to provide the offer;

- standard documentation on purchase is obligatory for use by the buying organization;

- in documents and technical specifications criteria and methodology of assessment of offers are accurately established and described;

- technical specifications and standards are stated clearly and neutrally (without specifying of the specific producer, country of source, trademark, the trademark and other characteristics which are identified with certain producer, by the supplier and create unequal, discrimination conditions).

Features of application of two-package method of unrestricted method

26. The two-package method is applied in cases when qualification data of the supplier, technical and quality characteristics of subject of purchase are the main criteria for effective requirements satisfaction of the buying organization and contract performance, assessment of offers is carried out by the criteria established in documentation on purchase.

In case of application of two-package method the procedure of opening of proposals of the supplier is carried out in two packets, according to the Law and this Procedure.

Features of application of method with negotiations of unrestricted method

27. The unrestricted method with negotiations is applied in case of circumstances when the buying organization/agent objectively cannot formulate exact and/or final technical specifications of subject of purchases, for development of documentation on purchase.

Such circumstances the following circumstances when the buying organization are recognized:

The exact method by means of which it would be possible to provide satisfaction of this or that specific need cannot determine 1) and it is necessary to request offers concerning versions of possible decisions (for example when it is necessary to make the decision concerning materials which will be used for bridge construction);

2) acquires products of the high technologies which were earlier not bought (for example, large passenger planes or difficult software solutions, either the difficult electronic technique, or difficult oborudovaniye).

28. The procedure with negotiations is carried out in two steps:

1) at the first stage suppliers submit original offers without specifying of the price. The buying organization attracts the offers concerning technical, quality and other characteristics of goods, works or services; contractual terms of their delivery, and in necessary cases - professional and technical competence, qualification these suppliers. At this stage the head buying the organization/agent can determine persons who have the right to hold negotiations together with the commission for purchase.

Procedures of negotiations are carried out with the supplier whose offer was not rejected. At the same time, if the buying organization holds negotiations, then terms of negotiations shall be equal and not discrimination for all suppliers. At the first stage warranty providing the offer is not required; it is unclear where second stage.

Following the results of the first stage, the buying organization/agent develops final documentation on purchase and publishes the announcement of purchase taking into account the made changes in documentation on purchase and sends to the suppliers who took part in the first stage and which offers were not rejected. At the same time the buying organization/agent can exclude or change any parameters of technical or quality characteristics of the purchased goods, works or services which are originally set in documentation on purchase, and also any criterion which is originally established in this documentation for assessment, comparisons of offers and determination of the won offer, and (or) to add new characteristics or criteria which he conforms to requirements of the Law and this Procedure.

All negotiations with suppliers are given only at the first stage and only according to technical specifications and by accomplishment methods;

2) based on final developed documentation on purchase, the supplier submits at the same time the technical and financial proposals. Opening of the second stage on the web portal is performed according to procedures of two-package method of unrestricted method.

Limited method

29. For the choice of limited method of purchase, the buying organization in the list of purchases determines goods, works and services:

Which 1) accomplishment requires availability of necessary specialized qualification:

- to technically (technologically) difficult, high-technology, innovative;

- promotes development of technologies or stimulates development of priority industries of economy;

- has specialized appointment;

2) decision of the Cabinet of Ministers of the Kyrgyz Republic:

- to purchases in case of determination of particular treatment;

- to the purchases connected with production and (or) personification of documents of the state value and special state forms, including general education textbooks;

3) to the purchases connected with ensuring activities of the President of the Kyrgyz Republic, Toraga of Jogorku Kenesh of the Kyrgyz Republic, the Chairman of the Cabinet of Ministers of the Kyrgyz Republic and servicing of the objects intended for Administration of the President of the Kyrgyz Republic.

Availability at least of one of the above-stated circumstances can be the basis for the choice of limited method of purchase.

30. The limited method of purchase assumes limited participation of suppliers according to the decision buying the organization/agent. The list of suppliers is determined by purchasing department and affirms the order the head buying the organization/agent.

The buying organization/agent when carrying out purchases by limited method publishes the announcement on the web portal which is available only to limited circle of the suppliers having necessary qualification in terms, the stipulated in Article 20 Laws.

In case of the publication of the announcement of purchase the following information will be limited method on the web portal public:

- the name of the buying organization,

- purchase method;

- purchase type (goods, work, service);

- purchase subject;

- basis for application of limited method.

The complete documentation package about purchase is available only to the supplier determined by the buying organization/agent.

The status of purchases in the course of holding procedures in case of limited method:

31. The protocol of opening and the protocol of procedures of purchases are generated by the web portal according to articles 25 and 27 of the Law which are available only for buying the organization/agent and suppliers who provided the offers.

32. The protocol of opening on the web portal will be specified as the status "opening took place" without specifying of suppliers and the prices of offers. This information will be public after the conclusion of the contract.

33. Assessment is carried out on the web portal. The protocol of procedures of purchases is signed by all members of the commission, is also placed on the web portal. Access to results of assessment and the protocol of procedures of purchases will be had only by the buying organization/agent and the participating supplier. The protocol of procedures of purchases is public after the conclusion of the contract.

In case of carrying out audit, checks the buying organization/agent provides access to all purchasing documents on the web portal, carried out by limited method.

34. For justification of application of purchases by limited method responsibility is born by the head and purchasing department of the buying organization or the head Agenta.

Request for quotation method

35. The method of request for quotation is applied in case of need purchases of final (standard) goods, simple (standard) works (running repair, that is finishing repair of rooms, including already existing engineering communications, except new construction or reconstruction) and services with the specific description.

The method of request for quotation is applied by two methods:

- through the electronic catalog when purchasing goods and services;

- through the publication of the announcement on the web portal when purchasing the works requiring establishment of qualification requirements to suppliers (standard request of quotations).

36. When purchasing standard goods and services the buying organization can sign the supplier contract through the electronic catalog without development of documents on purchase.

When purchasing through the electronic catalog, the main criterion is the smallest price.

37. When purchasing the standard works requiring establishment of qualification requirements to suppliers, the buying organization/agent develops documentation on purchase where he establishes the minimum qualification requirements and technical requirements to materials.

38. In case of standard request of quotations selection criteria are:

- compliance to qualification requirements;

- compliance to technical requirements (requirements to qualified personnel, to the equipment and the technical specification to materials);

- the smallest bid price.

39. In the absence of subject of purchases in the electronic catalog or lack of necessary number of suppliers (at least two) in the electronic catalog, the buying organization/agent shall carry out purchase by request for quotation method with establishment of qualification requirements, or can apply unrestricted method.

Purchases by method from one source

40. Purchase from one source represents the conclusion of the supplier contract without publication of the announcement on the web portal, except as specified, provided in Item 3 of part 3 and part 4 of article 17 of the Law. On condition of absence in the electronic catalog of the goods, works and services necessary for the buying organization on the amount to 50000 som, the buying organization can acquire by means of request of commercial offers (at least two) potential suppliers.

In case of application of method of purchase from one source, department the purchases/agent without fail carries out price analysis to make sure that the price offered by the supplier, real and reasonable. The analysis shall be based on market research, studying of the prices at producers, advertisements and price lists, and also comparison with the prices of the previous purchases, the prices of similar objects of purchases. Price analysis is not carried out on the purchases specified in Items 10, 11 and 12 parts 3 of article 17 of the Law.

41. The purchases acquired by method from one source shall be included in procurement plan, except for Items 1 and 2 of part 3 of article 17 of the Law.

§ 4. Technical specification

42. The technical specification - the description of quality characteristics, functionality, operational characteristics and technical parameters of subject of purchases.

The buying organization constitutes the technical specification so that to provide the maximum competition and at the same time to provide compliance of the purchased goods. Developed technical specifications shall not have limited character. In particular, documentation on purchase cannot join requirements to goods if such requirements involve unreasonable restriction of number of suppliers (for example, the requirement to the sizes which are issued by the single producer).

The technical specification can be in the form of the list of operational or functional, including ecological characteristics provided that such requirements are rather exact in order that the purchase subject unambiguously was understood buying the organizations and the supplier. If the exhaustive description of characteristics cannot be constituted, technical specifications may contain the reference to the standard characteristics, technical regulations and conditions, requirements, symbols and terminology connected with the purchased goods, works or services, provided by the existing international standards, at the same time each reference needs to be supplemented with expression "or equivalent".

If it is impossible to describe the technical specification of subject of purchase, then the buying organization can refer to already known trademark with expression addition "or equivalent", that is equivalent or equivalent. However this condition does not exempt the buying organization from need to specify technical characteristics to which there shall correspond the equivalent offer.

If subject of purchase are standard goods and in the market enough suppliers who can provide the competition, the buying organization can not establish expression "equivalent" and use trademark.

In case of equipment procurement and mechanisms for ensuring efficiency of purchases, the buying organization establishes requirements to lifecycle and estimates expenses during lifecycle, expenses and method of utilization. When purchasing the goods, works and services which are negatively influencing the environment, the buying organization specifies maximum permissible regulations of hazardous substance content, provided in the technical regulation (for example, when purchasing coal admissible regulations of hazardous substances, such as radiation, emissions of toxic metals).

If necessary, in the technical specification the accompanying services necessary are specified by delivery of goods (installation, adjustment, commissioning, warranty period, field service, training, checks and testing of goods, etc.).

In the technical specification, depending on subject of purchases it is possible to specify:

- the functions performed by the equipment, for example, system for automation of financial accounting or system of automatic designing;

- the specifications based on operational (workers) characteristics the equipment;

- technical which determine technical and physical characteristics of the equipment - the sizes, the materials used in case of production, exact values of required parameters, etc.

In specifications it is possible to make references to the standard of goods: international acknowledged standards and standards. When using standards in specifications it is necessary to specify that also standards which meet other acknowledged regulations and standards are considered acceptable, and/or provide equivalent or higher quality level. In the territory of the Kyrgyz Republic are effective:

- National standards of the Kyrgyz Republic;

- Rules, regulations and recommendations in the field of standardization;

- International standards;

- National standards of other countries;

- Standards of the organizations.

International standards and national standards of other countries are applied in the Kyrgyz Republic as national documents on standardization according to the technique established by National Authority on standardization (NISM). The buying organization requests documentary confirmation on compliance to the established requirements. The buying organization has no right to require certificates of conformity if obligatory certification in the territory of the Kyrgyz Republic is not provided in the technical regulation.

In technical specifications it is forbidden to specify trademarks, service marks, trade names, patents, the name of the place of goods origin and the name of the producer, and also other characteristics determining accessory of acquired goods, work, service to one potential supplier.

Exception is purchase of consumable materials, spare parts to the available equipment, repair of the equipment and office equipment, etc. where it is necessary to specify brand, model, year of release, the country of the producer of the equipment which are available for the buying organization of goods, service in maintenance of the equipment or car when the equipment model/trademark, and also the software requiring updating and/or license renewal is specified.

§ 5. Forming of documentation on purchase and publication of the announcement of purchase of goods, works and services

43. The buying organization/agent creates documentation on purchase of goods, works and services on the web portal based on electronic form of documentation (appendix 2, 3 and 4 to this Procedure) according to requirements of article 12 of the Law.

44. Regarding development of technical specifications and the carrying out independent assessment of quality characteristics offered by suppliers of subject of purchases, the buying organization/agent can attract commission of experts or the expert in the respective area to forming of documentation on purchase.

45. Forming of documentation on purchase consists of two stages:

1) development of documentation on purchase on the web portal;

2) creation of the commission about purchase and approval of documentation on purchase.

46. Documentation on purchase includes the following Sections:

- Section 1. Information on purchase;

- Section 2. Lots (The list of the purchased goods, works and services, and the accompanying services);

- Section 3. The instruction for suppliers;

- Section 4. Qualification requirements;

- Section 5. Special requirements;

- Section 6. Draft contract.

47. Depending on method of purchases the purchasing department creates documentation on purchase on the web portal.

48. In the Section 1 "Information on Purchase" department the purchases/agent place the following information:

- name of purchase. At the same time the name shall not contain letters or symbols which promote concealment of the announcement in search engine of the web portal (for example, joint use of the Russian and English letters in one word, etc.);

- final submission due date of offers, depending on the chosen method of purchases;

- effective period of proposals of suppliers during which the proposal of the supplier remains in force. When specifying number of days of effective period of offers, it is necessary to consider time of assessment, term of appeal and time for contract signature;

- requirements to form, the size and effective period of warranty providing the proposal of the supplier or the requirement about signing of the declaration guaranteeing the proposal of the supplier. Effective period of warranty providing the proposal of the supplier or the declaration guaranteeing the proposal of the supplier shall be valid at least 10 (ten) working days after expiration of the offer. The buying organization/agent establishes the requirement to warranty providing the proposal of the supplier in the following forms:

1) in the amount of, not exceeding 2 percent from the planned purchase subject cost;

2) in the form of the declaration guaranteeing the proposal of the supplier according to appendices 2, 3 and 4 to this Procedure depending on type of purchases (goods, works and services).

In case of provision of warranty providing the offer in the form of the bank guarantee, the supplier provides provision of its original to the buying organization/agent after opening of offers within 3 (three) working days.

In case of provision of warranty providing the offer in the form of money, the supplier provides receipt them on the deposit/settlement account of authorized state body on public procurements until opening of offers;

- language or languages in which offers shall be provided in case of carrying out purchases according to international treaties language is determined according to requirements of such agreement;

- in case of intention of the conclusion of the framework agreement the following information in addition is specified:

- information that procurement will be conducted with use of procedures of the framework agreement conducting to the conclusion of the framework agreement;

- information on type and duration of the agreement;

- information on the notification procedure on the forthcoming contracts in connection therewith agreement;

- about procedure for joining of the suppliers who were not participating at the first stage of procedures of open type of the framework agreement;

- the completed standard instruction for submission of offers by suppliers according to appendix 2, 3 and 4 to this Procedure depending on type of purchases (goods, works and services).

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