ORDER OF THE MINISTRY OF FINANCE OF THE KYRGYZ REPUBLIC

of October 14, 2015 No. 175-p

About approval of regulatory legal acts in the sphere of public procurements

For the purpose of reduction of the regulatory legal acts of the Government of the Kyrgyz Republic regulating procedure for carrying out public procurements in compliance with the Law of the Kyrgyz Republic "About public procurements" according to the Order of the Government of the Kyrgyz Republic of September 15, 2014 "About delegation of separate rule-making powers of the Government of the Kyrgyz Republic number of state bodies of the executive authority" I order to No. 530:

1. Approve:

- Regulations on rules of carrying out electronic public procurements;

- The methodical instruction on application of privileges to internal suppliers (contractors);

- Methodical instruction for tender bid evaluation;

- Regulations on application of the framework agreement;

- Paragraph of the sixth ceased to be valid;

- The standard tender documentation on purchase of goods by the one-stage, two-stage, simplified methods and by method on reduction in price;

- The standard tender documentation on purchase of works one-stage, two-stage, simplified by methods;

- The standard tender documentation on purchase of services by the one-stage, two-stage, simplified methods and by method on reduction in price.

2. Recognize invalid:

- The order of the Ministry of Finance of the Kyrgyz Republic of February 19, 2013 No. 30-P "About approval of the methodical instruction on assessment of tenders when carrying out the competitive biddings";

- The order of the Ministry of Finance of the Kyrgyz Republic of July 2, 2014 No. 120-P "About approval of management about procedure for carrying out public procurements for the buying organizations".

3. To impose control of execution of this order on Department of public procurements under the Ministry of Finance of the Kyrgyz Republic.

4. This order of the Ministry of Finance of the Kyrgyz Republic becomes effective after 15 days from the moment of publication.

Approved by the Order of the Ministry of Finance of the Kyrgyz Republic of October 14, 2015 No. 175-P

Regulations on rules of carrying out electronic public procurements

I. General provisions

1. This Provision regulates the procedure of carrying out public procurements in electronic format in the Kyrgyz Republic.

2. Public procurements in electronic format are applied to purchase of goods, works, services with use of electronic system of public procurements.

II. Management of activities for purchases

3. The buying organization when carrying out public procurements in electronic format is guided by the Law of the Kyrgyz Republic "About public procurements" (further - the Law), this Provision, regulatory legal acts of the Government of the Kyrgyz Republic, and the forms approved by Authorized state body on public procurements for carrying out public procurements in electronic format.

4. The buying organization when carrying out public procurements in electronic format of goods, works and services for the state needs, according to the Law provides the principles of efficiency, transparency, justice, profitability and ensuring the competition.

5. For carrying out public procurements in electronic format the buying organization shall have:

- organizational structure of purchasing management and regulations of work of this structure. In the absence of purchasing department implementation of purchases is assigned to one of the departments or to the government, local government officers and employees of the buying organizations having the certificate of the specialist in public procurement. In cases of small number of established posts the buying organization shall create the contest committee for carrying out purchases of goods, works, services and consulting services, having assigned to it the rights and obligations of Department and the Contest committee;

- the prepared personnel for carrying out public procurements in electronic format;

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

III. The organization and carrying out public procurements in electronic format of goods, works and services

6. The organization and carrying out public procurements provide accomplishment of the following procedures on the Web portal in electronic format of goods, works, services:

Registration of the buying organizations and suppliers (contractors);

Forming and publication of the annual plan of public procurements;

Forming of the tender documentation, and also forming and statement of structure of the contest committee;

Approval of the tender documentation by the contest committee and publication of the announcement of carrying out electronic procurement;

Explanation the buying organization of provisions in the tender documentation to suppliers (contractors);

Forming of the bid by suppliers (contractors);

Submission of the bid by suppliers (contractors);

Opening of bids of participants of tender by the buying organization and the publication of the protocol of opening of bids;

Assessment and comparison of bids by the contest committee and determination of the winner;

By results of electronic procurement, consideration by purchasing department of the solution of the contest committee on award of the agreement or other decision on the held competition according to provisions of the Law and the publication of results of tender on the Web portal.

IV. Purchasing department and contest committee

7. For carrying out electronic public procurements the buying organization on behalf of purchasing department shall undergo the procedure of registration on the Web portal with indication of role "The buying organization".

8. The buying organization on each electronic public procurement before the publication of the announcement of carrying out tender creates the separate contest committee on the Web portal. After statement of structure of the contest committee by the head of the organization, the system automatically sends on e-mail to all members of the contest committee login and the password for entrance on the Web portal, and access to the held competition. If during assessment members of the contest committee cannot perform the assigned functions, the head of the buying organization makes changes and additions to the order on creation of the contest committee with indication of reasonable excuses of change of structure.

9. The purchasing department of the buying organization performs functions according to article 10 of the Law.

10. The contest committee of the buying organization shall correspond to part 4 of article 10 of the Law and performs the functions provided by part 3 of article 10 of the Law:

Each member of the Contest committee carries out tender bid evaluation independently and creates the estimative report.

The contest committee at the meeting sums up assessment results by results of estimative reports and creates the protocol of procedures of purchases.

In case of disagreement with the solution of the contest committee any member of the contest committee has the right to special opinion which without fail shall be reflected in the protocol of procedures of purchases.

The protocol of procedures of purchases is signed by all members of the contest committee and goes to purchasing department for consideration of the made decision of the contest committee and introduction of the offer on award of the agreement or the framework agreement to the winner on behalf of the buying organization.

11. For forming of the tender documentation, regarding development and assessment of technical requirements the buying organization can attract commission of experts and/or the expert in the respective area to the purchased goods, works and services.

12. Experts (commission of experts) carry out assessment of the technical characteristics regarding compliance to requirements of the tender documentation offered by suppliers (contractors) of goods, works, services and represent the expert opinion, at the same time experts have no right to vote in case of decision making by the contest committee. The expert opinion (commission of experts) is considered by the contest committee if it is constituted within the requirements provided by the tender documentation.

V. Procurement planning and forming of the plan

13. The buying organization develops procurement plan according to requirements of article 12 of the Law.

If until the end of the current year the budget statement will not be approved, regulations, the stipulated in Article 18 Laws of the Kyrgyz Republic "About the basic principles of the budget right in the Kyrgyz Republic" are applied.

VI. Forming of the tender documentation and publication of the announcement of the biddings

14. The buying organization develops and creates the tender documentation on the Web portal.

15. Depending on subject of purchases, the buying organization establishes: qualification requirements to suppliers (contractors) technical requirements to goods, works, services, contents of bids also stipulates terms of the contract.

16. When implementing purchases of several types of goods, works, services the buying organization in the tender documentation divides goods, works, services into lots by types and (or) in the place of their delivery (performance of works, rendering services).

17. The purchasing department after approval of the tender documentation by the contest committee of the buying organization, publishes the announcement on the Web portal and places all packet of the tender documentation on the held competition.

VII. Explanation of provisions and change of the tender documentation

18. The supplier (contractor) no later than 5 (five) working days before the expiration of final term of submission of bids can request from the buying organization of explanation of the tender documentation by means of the Web portal. The buying organization no later than 3 (three) working days publishes on the Web portal the text of explanation of provisions of the tender documentation, without disclosure of source of request.

19. If the buying organization holds precompetitive meeting with suppliers (contractors) for explanation of any questions concerning the tender documentation, it constitutes the protocol containing the requests provided during this meeting about explanation of the tender documentation and also answers, on these requests without specifying of their source. The protocol is placed on the Web portal.

20. The buying organization in case of change of technical specifications or change of the main requirements can, at least in 3 (three) working days prior to the expiration of final term of submission of bids, to change the tender documentation and it is necessary to place information on change on the Web portal. At the same time the subject of purchases does not change.

21. In cases when the buying organization makes any change and/or addition to the tender documentation, it can extend the final term of submission of bids, providing to suppliers (contractors) time for accounting in the bids of change and/or amendment, but no later than three working days before the expiration of final term of submission of bids.

VIII. Organization and carrying out the state purchases of goods, works and services in electronic format

22. Public procurements in electronic format are conducted by the following methods:

one-stage;

two-stage;

simplified;

on reduction in price;

direct conclusion of the agreement.

23. The main method of public procurements in electronic format is tender by one-stage method according to article 17 of the Law. When carrying out tender by one-stage method the number of suppliers (contractors), persons interested to participate in procedures of purchases, is not limited. Tender by one-stage method on purchase of goods, works and services is applied if it is necessary to establish other criteria in addition to the price.

If, only one bid which meets all established requirements of the tender documentation is submitted or after variation there was only one bid meeting all requirements established in the tender documentation, this tender is considered taken place.

IX. Terms of submission of bids

24. The buying organization establishes final term for submission of bids which shall constitute at least 3 (three) weeks after the announcement of the biddings if tender is announced one-stage and two-stage by methods. When carrying out tender at least one week is the simplified method and by method on reduction in price, term of representation. The web portal automatically does not accept the bids submitted after the expiration of final term of submission of bids.

X. Content and submission of bids on participation in electronic procurement

25. The tender documentation with the request of the participant of tender is created and moves on the Web portal. The bid is submitted for participation in electronic procurement to the scanned copy of required documents, in electronic form with appendix, and is form of expression of consent of the supplier (contractor), to perform delivery of goods, performance of works, rendering services according to the requirements and conditions provided in the tender documentation.

The tender documentation with the request in electronic form signed by the supplier (contractor) the digital signature, the recognized Kyrgyz Republic, valid according to the legislation, has the same legal force, as well as the paper document signed with own hand including certified by impress of a seal of the corresponding person and attracts the consequence in law provided for the specified document. Availability in the electronic document of the digital signature means that the document is directed on behalf of the certificate holder of key of verification of the digital signature with whose use the digital signature is created, and data containing in the electronic document are authentic and reliable.

26. Before coordination and completion of functionality by introduction of the Digital signature, when carrying out the electronic biddings, the mechanism of check of users of system is realized without application of the digital signature, as the alternative decision were developed for the buying organizations and suppliers (contractors) and the following rules are temporarily used:

When filling with the new user of the electronic registration form on the Web portal, users need to study and accept conditions of the user agreement, and also privacy policy during the work in system. In case of refusal, the user is not allowed to registration process.

After input of necessary data, activation of accounting record of the user requires provision of the official letter on acceptance of working conditions on the Web portal. The letter is voluntary declaration of will and official confirmation of the entered data on the organization. After receipt of this letter the accounting record of the organization is activated by authorized body.

In system the accounting record of the head of the organization is separated accounting records of specialists. Only the head has the right to confirm and publish information concerning the tender documentation, the publication of the made decisions at the choice of winners and to the conclusion of agreements.

The supplier (contractor) determined by the winner of electronic public procurements from the date of publication of the protocol of results on the Web portal, represents to originals of official documents (the power of attorney, references, certificates, work experience, etc.) buying the organization which were attached in the form of electronic copies to the application for participation in electronic public procurements on the conclusion of the agreement on delivery of goods (performance of works, rendering services).

For check of the user, and also for confirmation and the publication of data the verification code - the elementary computer test allowing to determine the user of system is used (that is the system automatically generates (issues) digital code which input resolves transition to further actions of the user). For confirmation of authenticity of the entered data reference books and databases of state bodies are also integrated into system.

27. The supplier (contractor) has the right to submit only one application for participation in electronic procurement.

28. Requests are considered valid during the term specified in the tender documentation. Calculation of such term begins from the date of opening of bids.

29. Before expiration of bids the buying organization can ask suppliers (contractors) to extend this term for specific period of time, by means of the Web portal.

30. In case of variation the supplier (contractor) of request of the buying organization about prolongation of effective period of bids, the supplier (contractor) does not lose the right to return of the warranty providing the bid.

31. Suppliers (contractors) who agreed to extend the validity of the bids extend the validity of warranty providing bids or provide new warranty providing bids for covering of the extended validity of the bids.

32. The supplier (contractor) has the right to change or withdraw the application for participation in electronic public procurements before the expiration of final term of submission of applications for participation in electronic procurement by means of the Web portal at any time, at the same time without losing the right to return of the warranty providing the application for participation in electronic procurement brought by it.

33. Modification of applications for participation in electronic public procurements after the expiration of final term of their representation is not allowed.

XI. Warranty providing the bid on participation in electronic public procurements

34. The supplier (contractor) when forming the bid on the Web portal specifies the size and form of warranty providing the bid corresponding to the size and forms established in requirements of the tender documentation of the buying organization. Effective period of warranty providing the bid shall match bid effective period.

35. In forms of representation of warranty providing the bid:

In case of introduction by the supplier (contractor) of warranty providing the bid on participation in electronic procurement in the form of the bank guarantee, the bank guarantee is submitted in electronic form (the scanned copy), and the original - within three days at the request of the buying organization.

In case of introduction by the supplier (contractor) of warranty providing the bid on participation in electronic public procurements in terms of money which is brought on the bank account of the buying organization or in cash desk the supplier shall provide the electronic (scanned) copy of the payment document confirming guarantee money contribution.

The buying organization according to Item 6 of article 26 of the Law in case of establishment of requirements in the tender documentation instead of the requirement about provision of warranty providing the bid the requirement about signing by suppliers (contractors) of the declaration guaranteeing the bid shall specify information on it in requirements of the tender documentation. And also, information that in case of violation of conditions, the signed declaration by suppliers (contractors) the buying organization initiates the offer on inclusion in the database of unreliable (unfair) suppliers (contractors).

36. The buying organization returns warranty providing the bid in cases:

expirations of the warranty providing the bid specified in the tender documentation;

the conclusions of the agreement of purchase and provision of warranty ensuring execution of this agreement if such warranty providing is provided in the tender documentation;

withdrawal of the bid before the expiration of final term of submission of bids;

the terminations of procedures of purchases without the conclusion of the agreement of purchase.

37. The applicant loses the right to return of warranty providing the bid only in cases:

refusal to sign the agreement on the conditions provided in its request;

refusal to provide warranty ensuring agreement performance;

response the applicant of the bid after its opening and before the expiration of its action.

38. Of competition warranty providing shall be returned to not won participants no later than three (3) the working days after expiration of the bid according to part 4 of article 26 of the Law.

XII. Opening and tender bid evaluation

39. After the expiration of final submission due date of bids, opening of bids is made automatically and the protocol of opening of bids of participants of tender is placed on the Web portal.

40. If at the time of opening of bids there will be no bid, the buying organization has opportunity to automatically extend the term of provision of bids for a certain period of time, or to recognize tender cancelled.

41. The contest committee carries out tender bid evaluation of participants of tender, using only the procedures and criteria provided by the tender documentation.

42. During assessment of the submitted requests the buying organization can address suppliers (contractors) for explanation of the bids by means of the Web portal. No changes on the substance of bids, including the changes in price, or negotiations between the buying organization and the applicant concerning the submitted bid are allowed.

43. For convenience of assessment and comparison of bids of participants of tender, the Web portal will make converting of the prices of bids, expressed in various currencies in which payments according to bids, in national currency on the exchange rate of sale established by National Bank of the Kyrgyz Republic for date of opening of bids shall be made.

44. The won bid the bid meeting in essence the requirements of the tender documentation is recognized:

1) with bottom price if the single criterion is the price;

2) with the lowest estimated cost taking into account the established criteria if the tender documentation provides along with the price also other evaluation criteria.

45. If participants of tender provided the bids with identical conditions meeting the requirements of the tender documentation, that the request of the supplier (contractor) having in addition to other certificates the certificate of quality management system when carrying out tender is considered the won bid. Comparison of bids is made by the buying organization. All procedure of purchases, beginning from assessment, including carrying out audit, to the conclusion of the agreement shall be actions of the bid in time. The protocol of procedures of purchases is created by system independently on the Web portal of public procurements.

46. Estimative reports, decisions on the choice of the winner or the made other decision by results of procedures of purchases the contest committee represents to purchasing department. Based on the solution of the contest committee makes the offer on award of the agreement or the framework agreement to the winner on behalf of the buying organization or passes the decision on additional consideration of bids by the contest committee, and publishes information on the Web portal of public procurements on the made choice with indication of the name of the supplier (contractor) who won competition in accordance with the established procedure.

47. The variation of bids, cancellation or recognition of tenders cancelled, is made by the buying organization according to Articles 27, 29 and 31 Laws.

48. If the amount of one purchase exceeds the fivefold size of the threshold amount, in compliance Item 11 of article 29 of the Law, audit is booked before the conclusion of the agreement, in the period of effective period of bids and shall not exceed 10 calendar days.

49. Auditors (including internal), the qualified specialists having skills and work experience in system of public procurements, and also knowledge of regulatory legal acts and the appropriate certificate of the specialist in the field of public procurements and in the sphere of auditor activities shall book audit of the held competition.

By results of audit opinion the head of the buying organization makes the decision on cancellation of tender or on the conclusion of the agreement.

XIII. The conclusion of the agreement of public procurements in electronic format

50. The buying organization within three working days places on the Web portal of public procurements information on the made choice with indication of the name of the supplier (contractor), the price of the request submitted by it who won competition.

51. The buying organization from the date of the publication of information on the Web portal of public procurements on the made choice signs the contract with the won supplier (contractor) if only procedures of purchases were not suspended according to the decision of the independent interdepartmental commission according to Chapter 4 of the Law in time:

1) after seven working days when carrying out tender one-stage and two-stage by methods;

2) after two working days when carrying out tender the simplified method and by method on reduction in price.

52. The agreement of public procurements in accordance with the terms of the bid (in time actions of the bid) taking into account the requirements established regarding the 2nd article 32 of the Law is signed with the supplier (contractor) whose bid was recognized as won. At the same time, the winner of tender right after the expiration specified regarding the 2nd article 32 of the Law submits to the buying organization, notarized documents entering the bid, including originals of the documents confirming powers of the head or the authorized person signed the bid which were earlier attached in the scanned type on participation in electronic public procurements.

53. The buying organization and the won supplier (contractor) after the expiration specified regarding the 2nd article 32 of the Law, after introduction by the supplier of warranty ensuring agreement performance, shall sign the agreement.

54. If the provided originals of documents of the bid, will not correspond to documents which were earlier attached in the form of electronic copies to the application for participation in electronic public procurements or not agreement signatures by the selected supplier (contractor), that the buying organization rejects the bid of the winner, and can award the agreement to the following participant according to part 4 of article 32 of the Law.

55. For provision of false information, the buying organization shall initiate the address about inclusion of this supplier (contractor) in the database of unreliable (unfair) suppliers (contractors), with indication of the reasonable reasons.

56. The buying organization after agreement signature by both parties within 5 (five) working days places on the Web portal information on the signed agreement according to article 51 of the Law.

XIV. Protests and claims

57. Protests and claims are considered according to articles 48-49 of the Law.

XV. Database of unreliable (unfair) suppliers (contractors)

58. For improper execution of the agreement according to Article 5 of the Law and according to the provision "About Inclusion in the Database of Unreliable (Unfair) Suppliers (Contractors)", the buying organization initiates the appeal to the independent interdepartmental commission on consideration of claims and addresses about inclusion of the supplier (contractor) in the database of unreliable (unfair) suppliers (contractors) with indication of the reasonable reasons.

59. The independent interdepartmental commission on consideration of claims and addresses considers the arrived address about inclusion of the supplier (contractor) in the database of unreliable (unfair) suppliers (contractors) and after consideration of the documentary confirmations testimonial of availability of the bases of inclusion of the applicant in the Database, the head of Authorized state body signs the order on inclusion of suppliers (contractors) in the Database and in writing notifies the supplier (contractor), with indication of reasons for the made decision, and this information is published on the Web portal of public procurements of authorized state body.

The independent interdepartmental commission on consideration of claims and addresses in the activities and terms during which the supplier (contractor) cannot be allowed to participation in tenders is guided by the Provision "About Operating Procedure of the Commission on Consideration of Claims to Actions (Failure to Act) of the Buying Organizations and Inclusion in the Database of Unreliable Suppliers (Contractors) during Carrying Out Public Procurements".

Carrying out purchases by method of the direct conclusion of the agreement

60. Carrying out purchases of goods, works and services as method of the direct conclusion of the agreement is performed according to article 21 of the Law of the Kyrgyz Republic "About public procurements" and this Provision.

If by results of placement of the announcement on the Web portal from suppliers (contractors) of the offer did not arrive, the buying organization (purchasing department) for the purpose of carrying out monitoring of the prices has the right to address potential suppliers (contractors) about submission of the commercial offers.

The buying organization signs the agreement to deliver goods, rendering services and performance of works with the participant who offered the smallest estimated cost proceeding from the suggested price and delivery conditions.

Following the results of the carried-out monitoring the protocol of procedures of purchases which is signed by purchasing department of the buying organization is constituted.

Appendix 1

The report on the carried-out public procurements for _____ (quarter, year)

The name of the buying _________________________ organization

INN _________________________________________________________

Details of the buying organization _____________________________

№	Expenditure item	Purchase method	Commodity code, works, services according to OKGZ	Description of goods, works and services	Unit of measure	Quantity, amount	The purchase amount in som
1	2	3	4	5	6	7	8
2
3
4
5
6

 

The head of the buying organization

F.I.O.

MEGAPIXEL

Management on filling of report form about the carried-out purchases:

- Sequence number No. (1, 2, 3, etc.)

- The expenditure item (economic classification of expenses, only Articles are specified. Н: 2214, 2215, 2218, etc.)

- Purchase method (the applied method of purchases is specified)

- Commodity code, works and services (it is specified according to the General Qualifier of Public Procurements - further OKGZ)

- Description of goods, works and services (the name according to OKGZ is specified)

- Unit of measure (the unit of measure applied to goods, work and service is specified. Н: liter, kilogram)

- Quantity, amount (the quantity and amount of the purchased goods, works and services is specified)

- The purchase amount in som (total amount of purchases is specified).

Approved by the Order of the Ministry of Finance of the Kyrgyz Republic of October 14, 2015 No. 175-p

The methodical instruction on application of privileges to internal suppliers (contractors)

The methodical instruction on application of privileges to internal suppliers (contractors) determines procedure for granting of privileges to internal suppliers (contractors) participating in the procedure of public procurements. Assessment according to the methodical instruction is performed by the contest committee.

I. General provisions

1. The buying organization in case of tender bid evaluation, can provide privileges for suggested price to 20 percent of the goods made in the territory of the Kyrgyz Republic in comparison with bids on goods of foreign production, and also for works to 20 percent on proposals of internal contractors in comparison with offers of foreign firms, on condition of use by internal contractors at least 70 percent of local manpower, and also at least 30 percent of local raw materials and materials.

2. In case of application of privileges, competitive documents shall contain the size of privileges, and also the requirement about provision by participants of documents, the acceptability of application of privileges allowing to establish to its bid. Availability only of registration for the territories of the Kyrgyz Republic of the producer or the supplier/contractor is not the basis for receipt of such privilege.

3. In case of provision of privileges, the buying organization shall provide the size of privileges in competitive documents. In the announcement to specify information on provision of privilege for goods of national production or internal contractors. In subsequent the made statement for provision of privileges and the size of privileges to change is not subject.

4. In case of provision of privileges to internal suppliers or contractors the buying organization is guided by the Law of the Kyrgyz Republic "About public procurements" and this instruction. Regulations of the international treaties which took legal effect in the procedure established by the legislation which participant is the Kyrgyz Republic are applied to foreign suppliers (contractors).

5. The procedure of application of privileges should be carried out only after carrying out the evaluation stages by determination of the bid with the smallest estimated cost which are carried out according to the Instruction for the tender bid evaluation approved by this order.

6. If after tender bid evaluation internal suppliers (contractors) are determined by the winner, then in application of technique there is no need.

7. If during assessment the foreign company is determined by the winner, then application of technique is performed based on Item 2 and 3 on condition of accomplishment of the requirement in Item 1 of this methodical instruction.

8. Comparison of bids for provision of privileges it is possible only to the valid bids, and also the procedure of application of privileges shall be in bid effective periods.

II. Privileges for goods of national production

9. When purchasing goods, the buying organization can apply privileges for the goods made in the territory of the Kyrgyz Republic by internal suppliers in the amount of, specified in the competitive documentation developed by the buying organization in comparison with bids goods of foreign production.

10. In competitive documents it is necessary to specify the following:

for internal suppliers the list of documents which should be provided for the proof goods origin;

for foreign suppliers it is necessary to provide the goods price on the terms of CIP (the Incoterms 2012).

11. In case of assessment and comparison of bids the buying organization shall apply the following technique of application of privileges.

12. For the purpose of comparison, bids of participants need to be broken into two groups:

Group A: bids, on the goods made in the Kyrgyz Republic.

Group B: bids, on goods, foreign production.

13. Goods price in proposals of Group A shall include all duties and taxes which are paid or are subject to payment, but not to include the sales taxes or the value added tax. Price for goods of the offer from Group B CIP founded on conditions that means exception of the customs payments and other import taxes which are already paid or subject to payment.

14. To determine the bid with the smallest estimated cost, at the first stage all bids are compared in the group, for example: bids, from Group A (domestic goods) and Groups B (goods of foreign production). Then bids are compared with the smallest estimated cost of each group with each other. If as a result of comparison it is determined that the bid from Group A (domestic goods) has the smallest estimated cost, than the bid from Group B (goods of foreign production), the bid from Group A (domestic goods) is recognized the winner, in this cases there is no need for application of the actions specified in the table of Appendix A.

15. If as a result of comparison, there is bid with the smallest estimated cost from Group B (goods of foreign production), is exclusive for the purpose of further comparison with Group A, the bid price from Group B (goods of foreign production) increases as a percentage the size of privileges CIP of this bid (Appendix A) provided in competitive documents from the price. If as a result of application of privileges it to become clear that the bid from Group A (domestic goods) has the smallest estimated cost, than the bid from Group B (goods of foreign production), the bid from Group A (domestic goods) is recognized the winner.

III. Privilege for domestic contractors

16. When purchasing works, performed in the territory of the Kyrgyz Republic the buying organization can provide privilege to internal contractors in the amount of, specified in the tender documentation, in comparison with proposals of foreign contractors.

17. By provision of the bid internal contractors and the foreign companies shall include in the price all taxes according to the Tax code.

18. The internal contractor applying for receipt of privilege shall provide as part of data for confirmation of qualification, data, concerning country of incorporation, the number of workers, (the citizens of the Kyrgyz Republic involved in performance of works with indication of their qualification), documents confirmatory origins of the used construction materials to prove uses by internal contractors at least 70 percent of local manpower and 30 percent of local raw materials and materials.

19. In case of assessment and comparison of bids the buying organization shall apply the following technique of application of privileges.

20. After bids are accepted and considered, the bids meeting the requirements are classified by the following groups:

Group A: the bids offered by internal contractors which have the right to privileges.

Group B: the bids offered by foreign contractors.

21. To determine the bid with the smallest estimated cost, at the first stage all bids are compared in the group, for example bids, from Group A (internal contractors) and Groups B (foreign contractors). Then bids are compared with the smallest estimated cost of each group with each other. If as a result of comparison it to become clear that the bid from Group A (internal contractors) has the smallest estimated cost, than the bid from Group B (foreign contractors), the bid from Group A (internal contractors) is recognized the winner.

22. If as a result of comparison it to become clear that the bid from Group B (foreign contractors) has the smallest estimated cost, than the bid from Group A (internal contractors), the amount equal from the specified percent of privileges from the bid amount from Group A increases to bids of the foreign contractors entering into Group B (Appendix B). If after such comparison the offer from Group A (internal contractors) is recognized to the lowest, then is recognized the winner.

IV. Registration

23. During assessment the contest committee fills depending on subject of purchases of Appendix of this methodology which are signed by complete structure of the contest committee. Results of application of privileges 4 Instructions for tender bid evaluation the price taking into account use of the size of privileges are specified in Appendix. Final tender bid evaluation taking into account privileges shall be specified in the estimative report of the contest committee according to the Instruction for tender bid evaluation and is brought to purchasing department of the buying organization for further introduction of the offer on the conclusion of the agreement on behalf of the buying organization.

Appendix A

Privilege the internal supplier on the goods made in the territory of the Kyrgyz Republic

Participant of tender	Total price	Exceptions to which privileges do not extend	The total corrected amount	Privileges to domestic manufacturers (%)	Privilege price	Total price of comparison
(a)	(b)	(c)	() = - (in)	(e)	(e)	(g) = (d) + (e)
The bids offering goods of national production A1 group	5500	1100	4400=5500-1100			4400
The bids offering goods of foreign production Group B	5000	1000	5000-1000=4000	20%	800	4000+800=4800

in the graph (a) the participant of tender with indication of the state accessory is specified

in the graph (b) the total price of the offer is specified

in the graph (v) the amount of all taxes withdrawn in the territory of the Kyrgyz Republic (the sales tax and the value added tax) is specified

in the graph (g) the amount of taxes is subtracted from total amount

in the graph (d) the percent of privileges is specified

in the graph (e) the price of privileges, from the price (d) of the foreign contractor is specified.

in the graph (zh) the price taking into account privilege is specified.

 

The contest committee by results of application of privileges determines the following:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

 

Structure of the contest committee: ________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

 

Special opinion of members of the contest committee:

___________________________________________

Appendix B

Privileges for works to internal contractors

Participant of tender	Number of domestic specialists of manpower,	The amount of the used local raw materials and materials	Total price	Size of privileges	Privilege amount	Total price of comparison
(a)	(b) 1	(b) 2	(c)	()	(e)	(e) = (in) - () + (d)
Bid of the internal contractor (example) Group A	at least 70% of local manpower	30%	5000			5000
Bid of the foreign contractor (Group B)			4800	20%	960	4800+960=5760

in the graph (a) the participant of tender with indication of the state accessory is specified

in the graph (b)1 the quantity of local manpower is specified.

in the graph (b)2 total expression of the used local raw materials and materials is specified.

in the graph (v) the total price of the offer is specified

in the graph (g) the percent of privileges is specified

in the graph (d) the privilege amount is specified.

in the graph (e) the price of comparison of bids taking into account privileges is specified.

 

The contest committee by results of application of privileges establishes the following:

_________________________________________________________________________

 

Structure of the contest committee:

________________________________________

________________________________________

________________________________________

________________________________________

 

Special opinion of members of the contest committee:

________________________________________

 

(1) - information Specified in technique is only example, in these graphs data on the carried-out purchases shall be specified.

Approved by the Order of the Ministry of Finance of the Kyrgyz Republic of October 14, 2015 No. 175-p

Methodical instruction for tender bid evaluation

I. General provisions

1. This Methodical instruction for tender bid evaluation when carrying out the competitive biddings (further - the Instruction) is developed for the purpose of fulfillment of requirements of the Law of the Kyrgyz Republic "About public procurements" (further - the Law) and other regulatory legal acts in the field of public procurements.

2. This Instruction is held for use in work as the contest committees of the buying organizations and regulates evaluation procedure of the arrived bids from Participants on participation in tender.

II. Tender bid evaluation

3. According to article 10 of the Law, functions of tender bid evaluation are performed by the contest committee, and by results of assessment, passes the decision on the choice of the winner. Purchasing department (1), according to the solution of the contest committee, makes the offer on the conclusion of the contract with the winner, or makes other decision according to the Law of the Kyrgyz Republic "On public procurements" (if reveals that assessment is carried out with violation of the provisions of the law, asks to review the solution of the contest committee, makes the decision on cancellation of the biddings, in case of refusal the winner from the conclusion of the agreement, makes the decision on the conclusion of the contract with the following applicant having the second rating at the price or at the smallest estimated cost).

4. For evaluating bids, the buying organization shall provide availability of qualified personnel as a part of the contest committee, taking into account the corresponding qualification of members of the commissions. If there is no necessary qualification, the buying organization can involve external experts.

5. The term of consideration of bids by the contest committee shall not exceed 2/3 all effective periods of the bid. Remaining period is necessary for purchasing department for check of correctness of the solution of the contest committee if carrying out audit of the made decision, according to part 11 of article 29 of the Law of coordination of the draft agreement with other departments is necessary, for the publication of the announcement of results of selection, for sending the notification and registration of the agreement (in case of financing from the government budget by budgetary institutions).

6. Information on tender bid evaluation shall not be disclosed to participants of tender or other persons who officially do not participate in this process, before the publication of the announcement of the winner of tender.

III. Rules of assessment

7. According to article 7 of the Law, the purchasing department and the contest committee shall observe the principle of confidentiality of information provided in the bid containing the data which are trade secret.

8. Assessment and comparison of bids by the contest committee is performed en banc members of the contest committee.

9. Tender bid evaluation of participants is performed according to the requirements and criteria established in the tender documentation. These criteria shall correspond to the legislation on purchases.

10. The buying organization shall finish tender bid evaluation and award the agreement before expiration of bids. In cases when extra time is necessary for assessment, the buying organization can send inquiry for prolongation of effective period of bids to all participants submitted bids. Bidders (2), agreed to extend the validity of the bids, shall provide this consent on the official form of the supplier (contractor) without changing the offer, and also shall extend the validity of warranty providing bids. Bidders have the right not to extend the validity of bids, in this case their bid, is recognized not valid.

IV. Assessment procedure

11. Assessment procedure shall not be carried out at the time of opening of bids. Originals of bids are opened. Process of assessment shall begin right after creation of the protocol of opening of bids. On assessment procedure participation of suppliers (contractors) is forbidden. The contest committee, for evaluating, opens one copy of the bid which is compared with the original, and is used in work. In case of discrepancy between the original and the copy of bids, the original of the bid has advantage. In case of carrying out tender in electronic format, opening is made by system (the web portal of public procurements) automatically in due time.

12. Assessment procedure is carried out in three steps. At all stages of assessment procedures, the contest committee, according to article 23 of the Law, can request from the participant of tender to make explanations concerning its bid. The request for explanation and the answer to it shall move in writing, by fax or the electronic message through the web portal of public procurements. It is not allowed any requests, offers or permissions for the purpose of change of being of the bid, or the changes directed to placing the bid which is not meeting the requirements of the tender documentation in subsequent meeting, except as specified, when necessary to correct the arithmetic errors found by the buying organization in case of tender bid evaluation including the changes in price.

13. The explanations provided with changes of essence of the bid shall not be considered by the buying organization. It is forbidden to request from the participant of missing documents or to ask the supplier to repay the tax debts, after opening of bids.

14. At the first evaluation stage the Contest committee carries out provisional estimate of bids, on completeness of the provided bids of participants, documentary evidences of qualification of participants, goods qualities, and required documents the buying organization. When conducting such check Appendix 1 is filled. The provisional estimate is performed as follows:

check: The bid shall be signed by person having right to sign. If the bid it is not signed by the head, in packet of the bid of the participant there shall be power of attorney the granting right to sign on behalf of the Participant.

completeness of bids: Participants of tender shall provide the bid in full. Lack of any documents requested by the buying organization in competitive documents is the basis for variation of bids. If, any podtirka, inserts between lines, additions or other changes took place, they shall be initialed (are signed) by the bidder. In the bid Participants of tender shall attach page by page signed general and special terms of the contract.

competence and acceptability: during assessment the buying organization shall check availability of the Participant in the Database of unreliable suppliers, contractors. In case of holding prequalification bids only of those bidders which underwent prequalification selection are considered. The bidder (including all partners of particular partnership and subcontractors) can be detached if this participant or his partner (partners) provided the consulting services connected with these biddings or if this bidder is the state company, legally dependent. The contest committee shall check documents of competence, namely the charter, the certificate of the legal entity, the power of attorney for right to sign.

warranty providing bid: The provided size, form and effective period of warranty providing the bid with the Participant of tender, shall conform to requirements of competitive documents. If warranty providing the bid is issued in the form of the bank guarantee, its text shall correspond to form of warranty providing the bid. Provision of a guarantee shall be addressed to the buying organization.

15. During tender bid evaluation, the contest committee corrects the arithmetic errors found during consideration of bids. The buying organization without delay notifies on any such correction of the supplier/contractor who submitted the bid. Arithmetic mistakes is if there is discrepancy between unit price and total price, received as a result of multiplication. In the presence of such mistakes, unit price has advantage, total amount should be corrected with the consent of the supplier (contractor). If there is discrepancy between words and figures, the amount put into words has preference.

Example: the price for unit of 10 som, the number of 10 pieces, total amount is 1000 som. Total amount after correction will constitute 100 som. Or in the table of the prices the amount in figures one is specified, and in the bid the figure by copy-book another is specified, the figure written by copy-book has advantage.

If the supplier (contractor) does not agree with correction of arithmetic mistakes, the bid of this supplier (contractor) is rejected. After the procedures of opening of bids, it is forbidden to accept addresses of Participants to the contest committee or purchasing department which revealed in the bids inaccuracies or "technical mistakes" which will entail changes of being of the bid, including the change in price.

16. If it was offered to participants to submit the bid in different currencies, for price comparison of bids, they shall be transferred to common currency, the specified buying organization in competitive documents. The contest committee shall carry out recalculation to common currency on the exchange rate fixed by National Bank on the date of opening of bids.

17. At the second evaluation stage, compliance of qualification of the participant of tender to requirements of the tender documentation is studied and Appendix 2 is filled. The contest committee carries out assessment of qualification of suppliers/contractors. In case of assessment of qualification of participants, the contest committee shall use the criteria characterizing:

professional knowledge of the participant;

availability of financial resources, the equipment and other material resources for agreement performance;

experience, reputation, responses;

reliability;

bank guarantees, pledges, guarantees;

availability of the corresponding specialists or qualified personnel for agreement performance.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info