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LAW OF THE KYRGYZ REPUBLIC

of April 3, 2015 No. 72

About public procurements

(as amended on 20-04-2020)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on February 18, 2015

Chapter 1. General provisions

Article 1. Purpose and principles of the Law

The purpose of this Law is ensuring profitability and efficiency of use of public funds when implementing public procurements.

Implementation of public procurements is based on the principles:

- publicity, openness, legality and impartiality concerning suppliers (contractors);

- expansions of participation and development of the competition between suppliers (contractors) in the course of implementation of purchases;

- creations of equal and fair conditions for suppliers (contractors) when implementing public procurements.

Article 2. Regulation subject

1. The legislation on public procurements consists of this Law, other regulatory legal acts which are regulating public procurements and also which came in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

2. This Law establishes the general legal and economic principles of public procurements and regulates procedure for carrying out public procurements.

3. This Law does not regulate public procurements:

1) connected with protection of the state secrets. The procedure for the organization of such public procurements is determined by the Government of the Kyrgyz Republic;

2) performed by National Bank of the Kyrgyz Republic.

The National Bank of the Kyrgyz Republic conducts procurement for ensuring administrative needs, accomplishment of construction works and capital repairs according to the internal regulations of implementation of purchases. Internal regulations about purchases affirm National Bank of the Kyrgyz Republic and shall not contradict the purposes and the principles of this Law;

3) connected with production and (or) personification of documents of the state value and special state forms, except for forms of national types of passports of citizens of the Kyrgyz Republic and car driver licenses of the Kyrgyz Republic of national sample. The procedure for the organization of such public procurements is determined by the Government of the Kyrgyz Republic.

Special state forms are made by the state company or other legal entity with the state share at least 51 percent, determined by the Government of the Kyrgyz Republic, except for forms of national types of passports of citizens of the Kyrgyz Republic and car driver licenses of national sample of the Kyrgyz Republic.

Documents of the state value are personified by the state company or other legal entity with the state share at least 51 percent, determined by the Government of the Kyrgyz Republic.

4) connected with services of hemodialysis for patients with chronic renal failure of the fifth stage. The procedure for the organization and implementation of services is determined by the Government of the Kyrgyz Republic.

4. Ceased to be valid according to the Law of the Kyrgyz Republic of 11.01.2019 No. 4.

5. Rules of the international treaty are applied to purchases of the goods, works, services and consulting services performed within implementation of the investment and other projects financed fully or partially by the international organizations if the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic determines other rules, than those which are provided by this Law or bylaws on purchases.

6. Ceased to be valid according to the Law of the Kyrgyz Republic of 11.01.2019 No. 4.

Article 3. The concepts used in this Law

In this Law the following concepts are used:

the affiliate - person corresponding to one or several following signs:

person exerting impact on decision making according to procedures of public procurements;

heads and employees of the buying organizations, and also their close relatives;

suppliers (contractors), founders and (or) members of whom are persons holding political state positions, political municipal positions, special state positions and their close relatives;

currency - settlement monetary unit of the Kyrgyz Republic - som or settlement monetary unit of other state;

the web portal of public procurements - the state information system created by authorized state body on purchases for the purpose of ensuring transparent, available and accountable process of public procurements;

internal suppliers (contractors) are the individual entrepreneurs or legal entities registered as those in the territory of the Kyrgyz Republic;

the state or municipal needs - the requirements of the buying organizations for goods, works, services and consulting services satisfied fully or partially at the expense of public funds;

public procurements - the acquisition by the buying organization of goods, works, services and consulting services as the methods established by this Law financed fully or partially by public funds;

public funds are recognized:

- means of republican and local budgets for activities implementation by the buying organizations and capital investments;

- the means determined by the law on the budget as "extrabudgetary funds" of joint-stock companies where 50 and more percent of shares (share in the authorized capital) belong to the state, funds and other business entities created at the expense of public funds, and also the organizations and the companies which are on self-financing;

- the means provided as the foreign help based on come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic if the agreement does not provide different ways of use of means;

- the borrowing facilities guaranteed and provided with the state;

warranty ensuring agreement performance - the requirement to the supplier (contractor) provided by the tender documentation for accomplishment of agreement obligations;

warranty providing the bid - the requirement to the supplier (contractor) provided by the tender documentation for accomplishment of the specified obligations in the bid;

the declaration guaranteeing the bid - the document signed by the supplier (contractor), represented to the buying organization as the guarantor of ensuring obligation fulfillment, specified in the bid;

dumping price - the price offered by the supplier (contractor) for works, services and goods which is below the planned amount of purchases by a certain buying organization more than for 20 percent on all methods of public procurements;

the document of the state value - the document containing information reflecting legal, civil, qualification, official and other information about the owner of the document made on the special state form and issued by state body, granting to the owner its right to enter legal relationship or to perform actions within the law;

the purchase agreement - the contract between the buying organization and the supplier (contractor) signed as a result of procedures of purchases or the framework agreement;

the buying organization (customer) - state body, local government body, state-financed organization (including the public and local government offices, the companies), joint-stock companies where 50 and more percent of shares (share in the authorized capital) belong to the state, funds and other business entities created at the expense of public funds, means of state bodies or local government bodies (including the organizations and the companies which are on self-financing);

the consultant - the physical person or legal entity rendering consulting services;

consulting services - the services of consultants of intellectual or consulting nature provided by the consultants having necessary specialized professional knowledge, experience and the corresponding qualification on implementation of supervision in the sphere of construction, installation and other work types financed by the Government of the Kyrgyz Republic, the international financial institutions and other donors;

tender - selection by means of which the winner on delivery of goods, works, services and consulting services according to the procedure, provided by this Law is determined;

the bid - the proposal of the supplier (contractor) on delivery of goods, rendering services, implementation of works when carrying out public procurements;

the tender documentation about purchase - document package, including any changes to them, provided by the buying organization to the supplier (contractor) for preparation of the bid containing conditions, procedure for carrying out tenders (including the draft agreement (contract) on purchase);

the competitive period - the period from the date of the publication of the announcement of carrying out tender to the final term of provision of bids;

evaluation criteria - the objective criteria established in the tender documentation for determination of the winner of tender;

lot - the indivisible subject of purchases acting as separate subject of tender which assessment shall be made irrespective of other lots;

monitoring of the prices - systematic information collection which is used for decision making for the purpose of ensuring profitability and efficiency of purchases;

national treatment - the mode providing the admission of the goods, works, services of foreign origin and suppliers (contractors) offering such goods performing works, rendering services, to participation in public procurements on equal terms with the goods of the Kyrgyz origin, works, services which respectively are carried out, rendered by suppliers (contractors) of the Kyrgyz Republic if the requirement about provision of such mode is established by the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic;

tender bid evaluation - the selection of the best offer performed by the buying organization according to the procedure determined by the Government of the Kyrgyz Republic;

the estimative report - result of tender bid evaluation by the contest committee on compliance to requirements of the tender documentation;

the estimated cost - the bid price taking into account correction of arithmetic mistakes, the applied privileges, transfer of the prices of all offers to common currency and to the criteria specified in competitive documents;

personification - the engineering procedure providing introduction of information reflecting legal, civil, qualification, official and other information about the owner of the personified document of the state value on the basis of the declared data and at least 51 percent performed by the state company or other legal entity with the state share or the issued state body;

the threshold amounts - the size of the amounts (minimum and maximum) by means of which the choice of method of public procurements is determined by each expenditure item for one year. The size of the threshold amounts and method of their application are established by the Government of the Kyrgyz Republic;

the supplier (contractor) - (depending on context) any party or the potential party of procedures of the purchases which are carried out by the buying organization;

prequalification - the procedure which is carried out within specific tender for assessment tentatively of work experience, financial, commercial, production and technical capabilities of suppliers (contractors);

the protocol - the documentary report reflecting all stages of process of purchases;

works - all activities connected with construction, reconstruction, demolition, repair or updating of the building, construction or object including preparation of the building site, digging of ditch, construction of construction, installation of equipment or materials, exterior and internal finish, and also the accompanying services, such as production town-planning and the design estimates, drilling, geodetic works, satellite shooting, seismic researches and other services provided according to the purchase agreement if the cost of these services does not exceed the cost of works;

the framework agreement - the agreement between the buying organization with two or more suppliers (contractors) signed by results of the competitive biddings in which conditions of future agreement make a reservation;

system (systems) of quality management - system for management and management of the organization in relation to quality which represents set of organizational structure, the distribution of powers of responsibility, methods, procedures and resources necessary for establishment, maintenance and quality excellence of products;

the special state form - the sheet or sheets corresponding form and the size (on paper or plastic basis), the having one or several protective elements having the numbering and series of the form, the name and the coat of arms of the state made at the state company or other legal entity with the state share at least 51 percent, except for forms of national types of passports of citizens of the Kyrgyz Republic and car driver licenses of the Kyrgyz Republic;

the standard tender documentation - document package for use when carrying out prequalification selection and tender;

creative activities in the field of culture and art are the conscious, vigorous activity of the person directed to knowledge and transformation of reality and creating new, original, the cultural values which never were earlier not existing;

the creative project in the field of culture and art - the plan, the idea, image realized in certain form, directed to the creation of product or service in the sphere of culture and art differing in socio-historical uniqueness and possibility of practical realization;

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