WORLD TRADE
ORGANIZATIONGPA/W/197
10 June 2002
(02-3188)
Committee on Government Procurement Original:  English
CHECKLIST OF ISSUES FOR PROVISION OF INFORMATION RELATING TO
ACCESSION TO THE AGREEMENT ON GOVERNMENT PROCUREMENT
Communication from the Kyrgyz Republic
I. LEGAL FRAMEWORK
1. Is there a single central law on procurement?  If so, please, specify?
There is a single Law of the Kyrgyz Republic On government procurement of goods,
construction and services of May 13, 1997 (as amended by the Law of November 28, 1998)
(hereinafter referred to as the Law), which regulates relations emerging in the area of state
procurement of goods, construction and services.
2. What are the other laws, regulations, decrees, administrative rulings, decisions, policy guidelines
and other instruments governing government procurement?  Please provide a summary of the subject
areas dealt with by each of these instruments.  Pl ease also explain the main differences (if any) that
exist between their application at the central and sub-central levels of government and at other typesof entities.
The Law of the Kyrgyz Republic On government procurement of goods, construction and
services of May 13, 1997 (as amended by the Law of November 28, 1998), regulations, decisions and
other normative and legal documents shall be implemented in the same manner throughout the whole
Kyrgyz Republic territory at both the central an d the sub-central levels.  The sub-central level
includes decisions adopted at the level of heads of oblast and rayon administrations.  Decisions
adopted at the level of heads of oblast and rayon levels shall be implemented only on the territory ofthose oblasts and rayons.  It shall not be in conflict with centrally adopted acts.
• The Decree No. 31 of the President of the Ky rgyz Republic  On establishment of State
Procurement Agency of the Government of the Kyrgyz Republic of January 29, 1997;
• Resolution No. 29 of the Government of the Kyrgyz Republic On additional measures on
saving of state funds and increasing of effectiveness of government procurement activities of
January 20, 1999.  This Resolution is aimed at streamlining of government procurement
proceedings taking into account various conditions; specification of norms and requirements
and general optimization and ensuring consistency of the government procurement system.
The approved forms for government procurement plans allow to determine not only essential
needs of procuring entities in goods, construction and services but allow to conductsupervision over propriety of conducting procurement of goods, construction and services in a
certain period of time;
• Resolution No. 327 of the Government of the Kyrgyz Republic On approval of threshold
amounts for conducting government procurement of July 9, 2001.  In accordance with the
Resolution the minimum threshold amount directed for procurement of goods and servicesGPA/W/197
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shall be 50 000 Soms and for the procurement of services it is 100 000 Soms.1  Thr esho ld
amounts can be changed depending on inflation and other economic processes;
• Resolution No. 398 of the Government of the Kyrgyz Republic On approval of the
proceedings for procuring goods, construction and services related to national defence,
national security, protection of state secret and liquidation of consequences of naturaldisasters of July 1, 1998 (as amended by the Resolution No. 529 of the Government of the
Kyrgyz Republic of September 5, 2001);
• Regulations on State commission of the Government of the Kyrgyz Republic on government
procurement and material reserves, approved by the Resolution No. 101 of the Government of
the Kyrgyz Republic of March 15, 2001 sets forth authority of the State Commission within
the government procurement system when conducting its activities;
• Regulations on maintenance of a database of unreliable (dishonest) suppliers and proceedings
for its utilization, approved by Order No. 94 of the Director of the State Procurement Agencyof the Government of the Kyrgyz Republic of December 11, 1998;
• Regulations on tender commission, defining procedure for forming, functions and rules for
the tender commission of the procuring entity when conducting government procurement (of
goods, construction and services), funded from state funds, approved by the Order No. 5 ofthe State Agency on Government Procurement of the Government of the Kyrgyz Republic of
September 23, 1997;
• Regulations on application of restrictions based on the nationality feature provides for criteria
and proceedings for application of restrictions based on the nationality feature, approved by
the Order No. 5 of the State Agency on Govern ment Procurement of the Government of the
Kyrgyz Republic of September 23, 1997.  In the event a decision on limitation of participation
based on nationality is adopted, all obligations of the Kyrgyz Republic set forth in
international treaties shall be followed;
• Regulations on approval of standard tender documents, approved by the Order No. 5 of the
State Agency on Government Procurement of September 23, 1997;
• Regulations on the procedure of consideration of administrative infringements and imposition
of administrative punishment for infringement of legislation on government procurement of
goods, construction and services, approved by the Order No. 6 of the State Agency on
Government Procurement of the Government of the Kyrgyz Republic of November 6, 1998;
• Articles 413 and 533 of the Code of the Kyrgyz Republic on Administrative Liability regulate
relations emerging in the process of application of administrative liability for infringement oflegislation concerning government procurement of goods, construction and services.
3. To what extent will the provisions of the Agreement be applied directly or need to be
transposed into the relevant law?  In the event of direct application of the Agreement over conflictingprovisions of domestic law, please indicate the relevant legal basis.
The Law is based on the model of the UNCITRAL Model Law  on Procurement  of Goods,
Construction and Services.  Generally, the Law does not contain provisions that are in conflict with
                                                     
1 The national currency exchange rate is 1 USD = 49,7 Soms as of May 13, 2002GPA/W/197
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the Agreement on Government Procurement.  Nevertheless, Article 52 of the Law provides for
priority of international law over provisions of the domestic Law in case of conflict between them.
II. SCOPE AND COVERAGE
4. Please summarize the organization of the government in your country at each level.
Organization responsible for implementation of the governmental policy in the area of
government procurement of goods, construction and services consists of the State Commission of the
Government of the Kyrgyz Republic on Government Procurement and Material Reserves, its 7
regional departments in each oblast (Chui regional department, Naryn regional department, Issyk-Kul
regional department, Jalal-Abad regional department, Osh regional department Talas regional
department, Batken regional department) and one in the City of Bishkek.
5. Please list all central government entities (ministries, departments, agencies, etc.) procuring
goods, services and construction services).
Ministry of Defence,
Ministry of Healthcare,
Ministry of Ecology and Emergency Situations,Financial and Economic Department of the Ministry of Internal Affairs,
Chief Department on Execution of Punishments of the Ministry of Internal Affairs,
Academy of the Ministry of Internal Affairs,
Headquarters of Interior Forces,
National Guards.
6. What entities at the sub-central level of governm ent (states, provinces, municipalities, etc.)
procure goods and services?
Oblast divisions of ministries and agencies of the Kyrgyz Republic as well as local self-
government bodies and local administrations conduct procurement of goods, construction and servicesat sub-central level.
7. Which are the enterprises owned or controlled by the government that are subject to the rules
on government procurement?  Which are the other entities or categories of entities (Annex 3-type
entities) owned and controlled by the government that engage in procurement?  Specify.
In accordance with the Law any governmental bodies of the Kyrgyz Republic, having a legal
entity status, as well as organizations establis hed with state funds and Joint-Stock Companies with
state share of two thirds can be procuring entities.
8. Do entities listed in response to questions 5, 6, and 7 apply in their procurement the main law
(if one exists), other legislation provided by the federal or central level of government or are they
autonomous from federal or central government in  their procurement rules and practices?  Where
any of these entities are not subject to the main procurement law, please list the entities concerned
and indicate which laws, regulations, etc., they are subject to.  How will your government ensure the
implementation of the Agreement by such entities below the central/federal government level?
All the above-mentioned entities and organizations located on the territory of the
Kyrgyz Republic apply the Law of the Kyrgyz Republic On government procurement of goods,construction and services of May 13, 1997 (as am ended by the Law of November 28, 1998) when
conducting government procurement of goods, construction and services.  Exceptions concern
procurement related to national defence or security.GPA/W/197
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9. Are there any general exceptions from the scope of application of the national procurement
rules, for instance for essential national defence or security reasons?  Please provide details.
The Law in accordance with paragraph 2 of the Article 2 does not provide for procurement
related to national defence, national security, protection of state secret and liquidation ofconsequences of natural disasters.  The Resolution No. 398 of the Government of the Kyrgyz
Republic of July 1, 1998 (as amended by the Resolution of the Government of the Kyrgyz Republic of
September 5, 2001) provides for principles of conducting procurement of goods, construction and
services in the above-mentioned areas.
10. Please provide available statistics on the procurement by government entities in your country
in the last two years, including, to the extent available, a breakdown by entity and by categories of
products and services .
Please, see Annex 1.
III. NATIONAL TREATMENT AND NON-DISCRIMINATION
11. Identify the specific provisions in the legislation which reflect the national treatment and non-
discrimination commitments of Article III of the Agreement .
The procuring organization cannot discriminate against or exclude various foreign suppliers
of goods, construction and services on the nationality basis if foreign suppliers are included into the
tender procedure.  In accordance with the paragraph 6 of Article 3 of the Law, if foreign suppliers areallowed to take part in the tender procedure, thei r tender applications shall be considered with the
same conditions as tender applications from domestic suppliers.
12. Please provide details of any provisions in national legislation according domestic supplies
and suppliers treatment more favorable than that  accorded to foreign supplies or suppliers or
according supplies or suppliers of any country more favorable treatment than those of any other
country .
Article 3(1) of the Law allows procuring entity to restrict participation of foreign suppliers in
tender proceedings if there are enough bidders to deliver goods, or perform constructions or render
services on the territory of the Kyrgyz Republic.  Also if the subject of procurement is services or
construction on the territory of the Kyrgyz Republic, the procuring entity may require that all of the
services or construction be performed by domestic entities, and with domestic raw materials andproducts.  Article 3(5) of the Law provides that in the event a decision on limitation of participants
based on nationality is adopted, all obligations of the Kyrgyz Republic set forth in international
treaties shall be followed.
13. Please provide details of any provisions in national legislation allowing a locally established
supplier to be treated less favorably than another locally established supplier on the basis of its
degree of foreign affiliation or ownership or di scriminating against locally established suppliers on
the basis of country of production of the good or service being supplied .
The legislation currently in force does not contain any provisions restricting status of locally
established suppliers.
14. Please specify to what extent, if at all, more favorable treatment is granted to any sectors of
the economy, regions or specific categories of suppliers or supplies .GPA/W/197
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National legislation does not provide for any favorable regime for economy sectors, regions
or specific categories of suppliers of supplies.
15. Please specify any provisions requiring or allowing the use of offsets or measures with
similar effect, such as domestic content, licensing of technology, investment, counter-trade or similarrequirements in the qualification or selection of suppliers, products or services or in the evaluation of
tenders and award of contracts .
Legislation currently in force does not provide for such requirements in the qualification or
selection of suppliers.
IV. ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES
16. Please provide a general description of your existing procurement methods and procedures,
including the main procurement methods used and a brief description of each method, and the extent
to which qualification of suppliers and open, selective and limited tendering for each level of
government is used .
Article 18 of the Law defines five government procurement methods:
• tender with unlimited participation;
• tender with limited participation;
• two-stage tender;
• request for quotations;
• procurement from single-source.
Tender with unlimited participation is the main method of government procurement.  When
conducting tender with unlimited   participation, the suppliers  who want to participate in the
procurement proceeding have the right to submit tender applications without limitation.
Tender with limited participation is conducted if:
• the expenses  required  to review and evaluate a large quantity of tender applications are
incommensurable with the value of goods, construction, or services to be procured.  In such a
case tender commission shall choose a sufficient number of suppliers to ensure competition
but no less than two;
• the goods, construction or services with regard to the level of their technical complexity or
specialized nature have only a limited circle of suppliers.  The tender commission of theprocuring entity shall solicit tender applications from all suppliers (contractors) which can
supply the procured goods, construction or services.
Two-stage tender in accordance with Article 34 of the Law, shall be applied only if:
• the tender commission of the procuring entity cannot determine in advance the specific
technical characteristics and quality features of the procured goods, construction or services;GPA/W/197
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• it is necessary to conduct negotiations with suppliers because of the special nature of the
procured goods,  construction or services;
• the subject matter of the procurement is a research, an experiment, preparation of a scientific
opinion or performance of any other specialized services.
In the first stage of two-staged proceedings tender commission solicits tender applications
without indication of price.  In this stage the tender commission of the procuring entity solicits
proposals relating to the technical, quality or other characteristics of the goods, construction or
services, contract terms for their delivery, and when necessary, professional and technical competence
and qualifications of the suppliers.
In the second stage the procuring entity shall invite suppliers whose tenders have not been
rejected to submit final tenders with an indication of the price.  In this stage the tender commissioncan exclude or change any initially set aspect of technical or qualitative features of procured goods,
works or services as well as any primarily set criterion for evaluation and comparison of tender
applications and defining the winning tender application and/or add new characteristics in accordance
with the law currently in force.
Request for quotations is a procurement procedure in which the tender commission of the procuring
entity solicits quotations for goods, construction or services from such a number of suppliers, that
ensures competition and selection of the best offer, but no less than three.
The Law provides for an option when request can be forwarded to two suppliers provided
there is approval from the State Procurement Co mmission.  Request for quotations method is used
when procuring goods and services with fixed quality standards.  Each supplier has right to provide
only one price quotation and cannot change it.  There shall be no negotiations concerning the price
quotation between the tender commission and the supplier.  The procuring entity shall sign a
procurement contract with a supplier, who submitted the lowest price quotation meeting the needs ofthe procuring entity.
Procurement from single source is a procurement procedure in which the procuring entity signs a
procurement contract after negotiating with only one supplier.  The procuring entity, with the consent
of the State Procurement Commission, may adopt a decision on conducting single source procurement
in the following circumstances:
-  if it is conducting additional orders within 6 month since the conclusion of the contract, not
exceeding 15% of the value of the previous procurement, and maintains the  same norms,
parameters and standards;
-  signing of a contract for research, experiments or preparation of a scientific opinion;-  if the specific types of goods, construction or services are available only from a particular
supplier or if some supplier possesses exceptional rights with respect to such goods,
construction or services;
-  if the procuring entity is conducting a state procurement for a creative work or for creative
activity in the area of arts or culture;
-  if the procurement can only be obtained from one supplier due to limitation based on
nationality in compliance with legislation;GPA/W/197
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-  if an immediate necessity arises to conduct procurement in connection with circumstances
which the procuring entity could not foresee;
-  if the tender commission received only one tender application as a result of tendering
proceedings with mass media notification and repeated proceedings will not lead toconclusion of a procurement contract;
-  if the cost of the procurement is less than the minimum threshold amount.
17. Identify the provision in your country’s legislation requiring non-discrimination as regards
the qualification of suppliers in terms of Article VIII and selection of suppliers in terms of Article X.
Indicate any exception to this requirement.  What are the provisions ensuring non-discriminatoryaccess of new suppliers to existing qualification lists ?
Article 8 (5) of the Law provides that the tender commission of the procuring entity shall not
establish criteria, requirements or procedures which discriminate against suppliers on the basis of
nationality, or which are not objectively justifiable, except for cases described in Article 3 of the Law
(please see the response to question 11).
In accordance with Article 3(6) of the Law if foreign suppliers were admitted to the tendering
proceedings, their tender applications shall be considered on the same conditions as those of domestic
suppliers.
18. In situations where qualification procedures and selective tendering may be used, to what
extent do entities allow suppliers to become qualified during the procurement process?  To what
extent do entities maintain permanent list of suppliers?
Tender commission of the procuring entity in accordance with Article 9(1) of the Law has
right to conduct pre-qualification proceeding for suppliers before announcement on tenderingproceedings or before inviting them to participate in government procurement proceedings.  In this
case the tender commission can conduct qualification selection of suppliers for further participation in
the procurement proceedings only on the basis of conditions, determined in pre-qualification or tender
documentation.  Only those suppliers, who passed pre-qualification selection, are eligible to
participate in further procurement proceedings.
The database of suppliers is formed in the state procurement body and is maintained by the
Organizational department for procurement of goods, construction and services.
19. What are the conditions and circumstances foreseen in your legislation allowing the use of
the limited tendering method under Article XV of the Agreement?  What measures exist in order to
ensure that this method is not used with a view  to avoiding maximum possible competition or in a
manner which would constitute a means of discriminating among foreign supplies/suppliers or in
favour of domestic supplies/suppliers?
Limited tendering , in accordance with Article 19(2) of the Law is conducted if:
• the expenses  required  to review and evaluate a large quantity of tender applications are
incommensurable with the value of goods, construction, or services to be procured.  In such a
case tender commission shall choose a sufficient number of suppliers to ensure competition
but no less than two;
• the goods, construction or services with regard to the level of their technical complexity or
specialized nature have only a limited circle of suppliers (contractors).  The tenderGPA/W/197
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commission of the procuring entity shall solicit tender applications from all suppliers
(contractors) which can supply the procured goods, construction or services.
Article 3(1) of the Law allows procuring entity to restrict participation of foreign suppliers in
tender proceedings if there are enough bidders to deliver goods, or perform constructions or renderservices on the territory of the Kyrgyz Republic.  Al so if the subject of procurement is services or
construction on the territory of the Kyrgyz Republic, the procuring entity may require that all of the
services or construction be performed by domestic entities, and with domestic raw materials and
products.  Article 3(5) provides that in the event a decision on limitation of participants based on
nationality is adopted, all obligations of the Kyrgyz Republic set forth in international treaties shall be
followed.
20. Article XIV of the Agreement allows for negotiation under certain conditions.  Are entities
allowed to proceed to negotiations?  If so, which categories and what are the conditions imposed ?
In light of the Article XIV of the Agreement the Law provides for only one case when the
tender commission of the procuring entity can conduct negotiations with a supplier.  In the first stage
of two-staged tender the tender commission of the procuring entity has a right to conduct negotiationswith any supplier, provided if his tender application wasn’t rejected.  Still, the Law does not contain
provisions clarifying procedure for conducting such negotiations.
21. Article XI sets out minimum time-periods for tendering and delivery.  What are the rules and
practices regarding time-periods in your legislation?  Does the legislation reflect the variousminimum time-periods as set out in the Agreement?   If not, give information on any different time-
periods which have been established in your national legislation .
In accordance with the Article 24 of the Law the tender commission shall define the exact
deadline (date and time), taking into account the amount of procured goods, construction and services.
Deadline for tender applications shall be:
/g167 when conducting tender with unlimited participation – no less than 6 weeks from the
announcement date;
/g167 when conducting limited tender – no less than 4 weeks from the date of sending invitations
for participation in tender.
Still these time-periods can be reduced if the participation is limited to domestic suppliers.
Decision on reduce of the time-period shall be adopt ed by the tender commission of the procuring
entity.
22. Briefly describe the procedures for the submission, receipt and opening of tenders and
awarding of contracts, in particular the procedures and conditions guaranteeing regularity of the
openings and consistency with the non-discrimination provisions of the Agreement.  How is the
information on the proceedings related to the receipt, opening and evaluation of tenders maintained
by entities?
Tender application shall be submitted in written form and in a sealed envelope (Article 24 (3)
of the Law).  Still, the Law provides that the tender application can be submitted in any other form,
determined in tender documentation.  It is necessary that form clearly stated the name of the applicant.
The tender applications shall be submitted in time-periods defined by the tender commission of the
procuring entity.  Tender application received after the deadline for submission of tender applications
shall not be opened and shall be returned to the supplier who submitted it.GPA/W/197
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The procuring entity shall send tender documentation no later than one week from the
moment of receipt of the request.  When conducting limited tender, tender documentation, including
specifications, shall be sent along with invitation.
After publication of the tender announcement or invitation to participate in tender, the
secretary of tender commission shall register all candidates who obtained tender documentation in a
specialized register.  The same register shall contain suppliers, having submitted tender applications.
Such a double registration is necessary for ensuring that participants to be could obtain tender
documentation only from the tender commission in order to avoid its copying.
Supplier has the right to obtain clarification of tender documentation from the tender
commission of the procuring entity.  The tender commission of the procuring entity within 3 businessdays shall provide clarification for all suppliers, who obtained tender documentation without
mentioning the source of request.  In special cases the tender commission of the procuring entity can
change tender documentation before the deadline for submission of tender applications.  All those
changes shall be made known to all suppliers and shall be obligatory for them.
In case if clarification meetings re tender documentation are conducted, minutes of the
meeting containing requests for clarification, as we ll as responses without mentioning the source of
requests shall be put together.  Those minutes shall be immediately sent to all suppliers who received
tender documentation.
Tender applications shall be opened in time and in a certain place, indicated in tender
documentation (Article 27(1) of the Law).  The time for opening tender application shall coincide
with the deadline for submission of tender applications.  Public opening of tender applications with
participation of all interested candidates is a guarantee of conscientious and fair treatment of all
participants.
Information concerning applicant whose application has been opened as well as the price of
tender application shall be immediately announced to all those present and shall be put into the report
on tendering proceedings.  Those who were not present at the opening ceremony can obtain
information concerning candidates and tender application prices upon their request.
23. Please identify the provisions in your legislation setting the parameters for the prescription of
technical specifications by entities as part of the evaluation criteria .
Please, see the response to question 24.
24. Identify the measures in national legislation ensuring that awards are made in accordance
with the evaluation criteria and essential requirements specified in the tender documentation.
Evaluation process starts from the moment of opening of the tender applications.  Time for
opening of tender applications shall coincide with the deadline for submission of tender applications.
The tender commission of the procuring entity can ask for clarification of tender applications from
suppliers during evaluation process.  The Law currently in force does not allow any changes in
essence of tender applications, including change of price.  There shall be no negotiations between thetender commission of the procuring entity and candidate concerning the submitted tender application.
Cut of winner’s tender application price is possible upon his consent.  The minutes shall contain note
on cut of tender application price.  The winner has the right to refuse to cut price and this shall not be
considered as a basis for its rejection (Article 28 (3) of the Law).
Tender application can be rejected in two cases:  1) when it does not meet the requirements
provided for in the Law on government procurement, other normative and legal acts regulatingGPA/W/197
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government procurement and requirements, provided in tender documentation; 2) when candidate
does not agree with correction of obvious mistakes in his tender application.
Winning tender application is considered to be an application meeting requirements of tender
documentation and having the lowest price.
Written notice that its tender application has been selected as the winning application shall be
sent to the supplier who submitted it within 3 days of the selection.
The contract between the procuring entity and the supplier shall be signed in time no more
than 7 days from the day when he received the written notice.  In the event that the selected supplier
does not sign a contract or fails to provide required security of performance of the procurementcontract, a new selection shall be made from the already submitted tender applications.  Exception can
be made if other tender applications were rejected or the time-period for amendment or withdrawal of
tender applications expired and the right for repayment of security of performance was not lost.
B. V. INFORMATION
25. Article XIX:1 of the Agreement foresees the publication of laws, regulations, judicial
decisions, administrative rulings of general application and procedures regarding government
procurement.  Please give the name of the relevant publication(s) and indicate the media used for this
purpose.  Please also provide, where available, the address of an Internet website where thelegislation referred to in questions 1 and 2 can be found .
Article 12(2) of the Law foresees that normative legal acts shall be published in official media
and Government procurement bulletin.  In accordance with Article 2 of the Law No. 9 of the Kyrgyz
Republic On procedure for publication of Laws of the Kyrgyz Republic of February 14, 1997 official
publication is a publication of laws and other normative and legal acts in the Erkin-Too newspaper,Kyrgyz Republic Statute Book, Bulletin of Zhogorku Kenesh
2 of the Kyrgyz Republic and Collection
of Laws and Acts of the President of the Kyrgyz Republic.
State Commission has no Internet site.  Legislation mentioned in responses to questions 1
and 2 can be found on the Internet website of legal information system Toktom: www.toktom.kg .
26. Article IX:1 of the Agreement foresees the publication invitations to participate for all cases
of intended procurement by entities.  Please give the name of the relevant publication(s) and indicate
the media to be used for this purpose.  Please also provide, where available, the address of an
Internet website where such invitations are published .
Invitations to participate for all cases of intended procurement are published in the following
newspapers only: Slovo Kyrgyzstana, Kyrgyz Tuusu and Erkin-Too.  State Commission has no
Internet site.
27. Please specify the types of information that your legislation requires to be included in notices
of invitation to tender or in tender documentation, and identify the relevant provisions of your
legislation.
Invitation to participate in a tender in accordance with Article 20 of the Law shall contain the
following information:
                                                     
2 ParliamentGPA/W/197
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- the name and legal address of the procuring entity;
- the nature, quantity, and place of delivery of goods to be procured;
- the nature and location of the construction to be done, or the nature and location of the
services to be rendered;
- the desired or required time for delivery of the goods or for the completion of the
construction, or the timetable for rendering services;
- conditions required of suppliers (contractors);
- a statement that suppliers may participate in the procurement proceeding regardless of
nationality in accordance with the requirements established in Article 3 of the Law;
- the methods and location to receive the tender documentation and any payment for it to the
procuring entity (if payment is required);
- the place and deadline for submission of tender applications;
- the place and deadline for opening tender applications.
The Director of the State Procurement Commission in regulations may determine a form for
announcement on tenders.
An announcement on tender may contain additional requirements that can be determined by
the Director of the State Procurement Commission.
28. Article IX:1 of the Agreement foresees publication of permanent lists of qualified suppliers by
entities maintaining such lists.  Please give the name of the relevant publication(s) and indicate the
means used for this purpose.  Please also provide, where available, the address of an Internet website
where such lists are published.
Database with the list of suppliers is not published in mass media.  The list is kept by the
State commission on government procurement of goods , construction and services of the Government
of the Kyrgyz Republic.
State commission also keeps a list of unreliable (careless) suppliers with he purpose of
removal from participation in tendering proceedings.  Decision on input of a supplier into this
database is to be adopted by the Head of the State Procurement Commission.  This database shall bepublished only in the Government Procurement Bulletin on a regular basis.
29. Article XVIII:1 of the Agreement foresees the publication of details of contract award notices
by entities.  Please give name of the relevant publication(s) and indicate the means to be used for this
purpose.  Please also provide, where available, the address of an Internet website where such noticesare published.
The tender commission of the procuring entity shall publish such announcements on contract
awards in the same mass media or Bulletin of Government Procurement where the tender
announcement was published earlier.
30. Please specify the types of information that notic es of contract awards should contain in your
country and identify the relevant provisions in your legislation .GPA/W/197
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Notice of contract awards shall contain the following information in accordance with
Article 31(2) of the Law:
- name and address of the winning tenderer;
- price of the submitted tender application.
Article 31(4) of the Law foresees that the Director of the State Procurement Commission has right to
determine additional information to be included into such notice.
31. Please specify the relevant provisions in your legislation enabling, as foreseen in
Article XVIII:2, the provision of information to other Parties and unsuccessful tenderers regardingthe reasons why a tender was not selected .
An announcement about concluding procurement contract with the name and address of the
supplier with whom the contract was signed, and the price of the contract, shall be presented within 7
days of signing to all suppliers who took part in the procurement proceeding in accordance with
Article 42(2) of the Law.
VI. BID CHALLENGE PROCEDURES
32. Please provide information on existing challenge procedures.
Disputes can be considered by Arbitration court, still appeal to court system is possible after
application of all administrative measures.  The following issues cannot be subject of appeal:
-  selection of a procurement method;-  selection of proceedings for conducting procurement;-  limitation of the procurement proceedings on nationality basis;-  decision of the procuring entity to reject all applications, suggestions and quotations;-  refusal of the procuring entity to respond to  the expression of interest in participation in
proceedings of request for offers;
-  absence of references to laws and regulations in tender documents.
33. Are there specific provisions enabling access of foreign suppliers to challenge procedures ?
There are no such provisions foreseen.
34. To the extent that this information does not fully respond to the following points, please
provide the supplementary information necessary to do so :
(i) The time-limit to launch a complaint contained in the Agreement is “not less than 10
days” from the time when the basis of th e complaint is known or reasonably should
have been known.  What are the limits in your domestic legislation?
Tenderers can appeal against any decision of the tender commission to the procuring entity
within 10 days from the time when the supplier came to  know or should have come to know about theGPA/W/197
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basis of the complaint.  Upon expiration of such period, appeals submitted by suppliers to the
procuring entity are not to be reviewed.
The decision of the procurement entity can be appealed against in the State Commission on
Procurement of the Government of the Kyrgyz Repub lic within 15 days of the time when the basis of
the complaint is known or reasonably should have been known or from the date of signing of the
procurement contract.  After this time-period has passed, complaint shall be launched within a judicial
proceeding.
(ii) What body is responsible for the challenge procedures?  Is this a “court” or an
“impartial and independent review body”?  If the latter:
- How are its members selected?
- Are its decisions subject to judicial review?
- If not, how will the requirements of paragraph 6 of Article XX be taken into
account?
The following bodies are responsible for the appeal proceedings:
- procuring entity;
- State Commission on Procurement and Material Reserves of the Government of the Kyrgyz
Republic;
- Arbitration Court.
If the supplier having submitted an appeal to the procuring entity is not satisfied with its
results, he has right to appeal against this decision to the State Commission on Procurement.
All disputes between suppliers and the procuring entity emerging during the procurement
proceedings as well as decisions of the procuring entity and State Commission can be subject to
appeal to court.
Arbitration courts settle economic disputes arising in the economic sphere between business
entities based on different forms of ownership (Article 84(2) of the Constitution of the Kyrgyz
Republic).  Arbitration judicial system consists of the Supreme Arbitration Court and arbitration
courts of oblasts and the City of Bishkek.  Judges of the Supreme Arbitration Court are elected by theupper chamber of the Parliament of the Kyrgyz Republic upon nomination by the President of the
Kyrgyz Republic.  The President of the Kyrgyz Republic appoints judges of oblast arbitration courts
and that of the City of Bishkek.  In accordance with Article 84(3) of the Kyrgyz Republic Constitution
the Supreme Arbitration Court of the Kyrgyz Republic oversees judicial activities of arbitration courts
in oblasts and in the City of Bishkek.
(iii) What is the applicable law by reference to which the challenge body will examine
complaints?
The Law of the Kyrgyz Republic On government procurement of goods, construction and
services of May 13, 1997 (Chapter 7 Protests and Appeals), Code of Administrative Liability and
Arbitration Code  make the main legislative basis for the process of consideration of an appeal.GPA/W/197
Page 14
(iv) Which rapid interim measures are provided to correct breaches of the Agreement and
to preserve commercial opportunities?
- Do these measures include the possibility to suspend the procurement process?
On what conditions?
Government procurement law foresees that timely appeal in accordance with the provisions of
the Law, can suspend the procurement process up to 10 days.  An appeal shall be well-grounded and
shall contain facts, confirming that the supplier will suffer damage in the absence of such a
suspension, or it is probable that the complaint will succeed, provided that the suspension will not
cause substantial damage to the procuring entity and to other suppliers.
If the contract has been already signed, submission of timely and well-grounded appeal
meeting the requirements of the Law shall suspend implementation of such a contract up to 10 days.
(v) How do challenge procedures provide for correction of the Agreement?  What types
of compensation for loss or damages suffered can the challenge body order?
State Commission on Procurement in the event if the appeal was not rejected has right to:
- forbid the tender commission from carrying out illegal actions, adopting illegal decisions, or
using illegal procedures;
- fully or  partially  revoke  an  illegal  decision  of the tender commission of the procuring
entity;
- revoke an illegal decision of a tender commission or a procuring entity which violates
procurement procedures;
- make a decision to terminate a procurement proceeding.State Commission on Procurement can obligate the procuring entity to refund expenditures
taken by the supplier as a result of an illegal action or decision of a procuring entity or use of an
illegal procedure, if the supplier filed a complaint with respect to the procurement proceedings.  Still,there is no refund of loss and damages provided for.
(vi) Give any available information on the time- periods for the stages of the challenge
process, including to obtain interim measures and a final decision.
The procuring entity shall consider the filed co mplaint within 7 days from the time of its
submission.  In the event if the procuring entity didn’t adopt any decision within that time-period, or
the supplier is not satisfied with the adopted decision he has right to further appeal to the State
Commission or the court.
The State Commission will not consider complaints filed after 15 days from the time when
the basis of the complaint is known or reasonably should have been known to the supplier or after
signing the procurement contract.  In this case the complaint shall be submitted to court.
The State Commission shall adopt a well-grounded decision within 10 days.
(vii) What are the usual costs to conduct a challenge procedure?  Are there possibilities
foreseen to do so free of charge?GPA/W/197
Page 15
The legislation currently in effect does not provide for fee for filing a complaint and
procedure of its consideration.  The procuring entity and the State Commission shall consider a
complaint free of charge.  Fee for submission of a complaint to the Arbitration court is 10 minimum
monthly wages.3
VII. OTHER MATTERS
35. To what extent is information technology  being used in the process of government
procurement?  Are notices of invitations to tender and/or notices of contract awards published
electronically?  Please provide the address of such electronic publications .
Though there is a certain technical provision, still there is no practice of publishing tender
notices and/or notices of contract awards electronically.
36. Is there a contact point in your country for responding to enquires from suppliers, other
governments and the wider public relating to laws, regulations and procedures and practices
regarding government procurement at the central and/or sub-central level?  Please provide the
address .
There are no contact points for responding to enquires from suppliers in the Kyrgyz Republic.
                                                     
3 one minimum monthly wage is 100 SomsGPA/W/197
Page 16ANNEX I
Government Procurement Plan for 2002 by Major Foodstuff Items
№п/
пMinistries and Administ rative Bodies First rate
bread2-nd rate q-ty
breadFirst rate
flour2-nd rate q-ty
flourBeef Canned
fishCanned meat
and vegetablesCanned
meatBeet Cabbage
1 Ministry of Defence 672 834 1382 1633 400 82 51 62 311
2 Chief Department on Execution of Punishments 3208 27 525 149 816
3 Headquarters of Interior Forces 573 140 28 24 10 40
4 Academy of the Ministry of Internal Affairs 30 2 1
5 National Guards 217 2 51 51 8 38
6 Ministry of Healthcare 347 44 79 21 92
7 Financial and Economic Department of the Ministry of Internal Affairs
Total for Ministries 1809 4042 1428 1660 1225 30 82 127 250 1297
8 Bishkek Regional Department 749 265 264 34 72
9 Chui Regional Department 552 262 102 2 10 50
10 Naryn Regional Department 125 35 24
11 Issyk-Kul Regional Department
12 Jalal-Abad Regional Department 810 977 560 56 31
13 Osh Regional Department 1860 730 196 20 846 19 24 643
14 Talas Regional Department 25 138 65 33
15 Batken Regional Department 60 80 35 98
Total for Oblasts 4121 1707 1481 100 1403 21 24 44 951
Total for the Republic 5930 5749 2909 1760 2628 51 82 151 294 2248GPA/W/197
Page 17ANNEX I
Government Procurement Plan for 2002 by Major Foodstuff Items (continued)
№п/
пMinistries and Administrative Bodies Onion Carrot Potato Rice Various
CerealsSugar Salt Vegetable oil Butter Milk
1 Ministry of Defence 104 104 1245 112 224 224 84 112 85
2 Ghief Department on Execution of Punishments 184 149 3000 582 180 104 108 45 541
3 Headquarters of Interior Forces 16 35 447 30 17 15 25 77
4 Academy of the Ministry of Internal Affairs 10 40 6 10 6 8 3 20
5 National Guards 13 13 153 30 20 8 5 8
6 Ministry of Healthcare 65 50 666 43 45 28 15 30 57 345
7 Financial and Economic Department of the Ministry of Internal Affairs 1 2 1 1.6 2 0.6 0.2 4
Total for Ministries 393 351 5553 162 892.6 490 236 273.6 220.2 987
8 Bishkek Regional Department 24 32 665 43 173 164 15 69 72 880
9 Chui Regional Department 118 112 755 21 88 138 22 39 7 375
10 Naryn Regional Department 19 26 12 13 16 20 4 11 4 25
11 Issyk-Kul Regional Department
12 Jalal-Abad Regional Department 70 70 1300 209 173 73 36 110 0.4 618
13 Osh Regional Department 279 1837 208 872 268 109 243 103 945
14 Talas Regional Department 3827 21 98 63 18 19 3 13 2 96
15 Batken Regional Department 190 105 200 10 19 5 25 60
Total for Oblasts 4527 366 4867 567 1340 701 194 510 188.4 2999
Total for the Republic 4920 717 10420 729 2232.6 1191 430 783.6 408.6 3986GPA/W/197
Page 18
ANNEX II
Information on Procurement Plan provided by th e State Procurement commission of the Government
of the Kyrgyz Republic on government procurement and material reserves for 2002 in accordance
with the State Budget (including special accounts)
(thousand
Soms)
№ п/п Article Name Provided in the
budgetProvided by
procurement
planin % Difference Notes
1. 1321.Machinery and materials 203,972 123,337 60.5 80,635
2. 1322. Medical Supplies 120,127 111,931 94 8,196 1 218 small
amounts
3. 1323. Foodstuff 487,979 435,285 90 52,694
4. 1324. Clothing and ammunition 60,525 40,664 67 19,861
5. 1333. Transportation expenses 234,162 144,972 62 89,190
6. 1341. Other services 838,664 549,118 65 289,546
7. 3111. Subsidies for state-owned
enterprises327,800 327,800 100 -
8. 4001. Capital Investments 560,293 338,359 60 221,934
8. 4004. Major repairs 333,114 330,384 99 2,730
Total: 3,166,636 2,401,850 76 764,786
__________