New Public Procurement System in the Kyrgyz Republic · 2020. 5. 2. · Corruption control in the...
Transcript of New Public Procurement System in the Kyrgyz Republic · 2020. 5. 2. · Corruption control in the...
Public Procurement Department under the
Ministry of Finance of the Kyrgyz Republic
Public Procurement System in the Kyrgyz Republic
Kiev 2017
Legislation of the Kyrgyz Republic on public procurement
O The Law of the Kyrgyz Republic ‘OnPublic Procurement’ No 69 dated May24, 2004;
O The newly adopted version of the Law ofthe Kyrgyz Republic ‘On PublicProcurement’ No 72, dated 3 April 2015;
O By-laws in the area of publicprocurement revised in accordance withthe Law.
The new version of the Law of the Kyrgyz Republic
‘On Public Procurement’
The main emphasis is made on the elimination
of corruption schemes, improved transparency
and strengthened accountability for the use of
budget resources through the introduction of
electronic information technologies.
Corruption control in the public procurement system
O New edition of the Law KR "On Public Procurement" is
aimed at building of the transparent and open system of
public procurement based on the implementation of the
e-tender system, i.e., automation of all tender stages,
from the preparation of tender documentation to the
conclusion of the contract with the vendor and payment
for the supply of goods or services in which the
involvement of officials is minimized.
O In order to ensure transparency of public procurement
and increase competition among the vendors the current
Law requires procuring entities to post tender
documents about the future procurement on the web
portal of the public procurement, zakupki.gov.kg, which
is free for all stakeholders.
Corruption control in the public procurement system
O Under the new version of the Law, the authorized agency forpublic procurement is exempt from permit and licensingfunctions, as well as the function of decision-making aboutprocurement via direct contracting, which resulted in significantreduction of corruption, excluding a chance for maneuveramong the officials.
O According to the Law, the procuring agencies can implementindependently government procurements, includingprocurement by direct contracting, strictly in compliance withthe list of cases specified by the Law.
O As procurement from one source is considered as non-transparent method and in order to ensure transparency thenew Law requires to post information about the procurement bydirect contracting with a detailed description of the procurementprocess: vendor, price and the grounds for the procurement.
ОФИЦИАЛЬНЫЙ ПОРТАЛ ГОСУДАРСТВЕННЫХ
ЗАКУПОК КЫРГЫЗСКОЙ РЕСПУБЛИКИ
Corruption control in the public procurement
system
The publication of information about the ongoing tenders and their outcomes in
Internet, first of all, makes that important sector of the government activity open
and transparent for civil society, thus raising the social status of public officials
and serving as an effective instrument of corruption control: now any individual
is able to control the fairness of the public procurement prices from his/her
home or office.
The Internet allows to involve wide range of vendors (contractors) in a tender.
Computerization increases efficiency and reliability of the process at any phase
of the tender significantly reducing the cost and accelerating and simplifying the
procedure of the receipt of the tender documentation, and filing and submission
of the bid. The tender Commission has at its disposal workable means of
systematization and comparison of bids, while the competitive selection
procedure becomes more clear.
Finally, the introduction of electronic public procurement was the necessary
step towards future of Kyrgyzstan when the country becomes the full member
of the rapidly developing global e-Commerce system..
Processing of Complaints
ОФИЦИАЛЬНЫЙ ПОРТАЛ ГОСУДАРСТВЕННЫХ
ЗАКУПОК КЫРГЫЗСКОЙ РЕСПУБЛИКИ
O Prior the adoption of the Law of the Kyrgyz Republic "On PublicProcurement" on April 3, 2015 (No. 72) the complaints were processed in3 stages (the Procuring agency, the authorized Agency, and the Court).
O Currently, in accordance with the effective Law, the complaint-handlingprocess has only two instances: the Commission created by theGovernment of the Kyrgyz Republic and the Court.
O The independent interdepartmental Commission for handling thecomplaints against action or inaction of the procuring agencies andinclusion of unreliable vendors (contractors) in the Database of unreliablevendors (contractors) in the course of public procurement is establishedby the Government of the Kyrgyz Republic and includes the members ofthe public and the certified professionals in the field of publicprocurement. The independent interdepartmental Commission in its workis guided by the Regulations approved by the Government of the KyrgyzRepublic.
O The Authorized government agency for public procurement acts as aSecretariat of the Independent interdepartmental Commission.
ОФИЦИАЛЬНЫЙ ПОРТАЛ ГОСУДАРСТВЕННЫХ
ЗАКУПОК КЫРГЫЗСКОЙ РЕСПУБЛИКИ
O At any stage of the procurement process the Bidders are entitled to lodge complaints
to the independent interdepartmental Commission via web portal of public
procurement.
O The number of complaints and appeals against nonobservance of the requirements of
the Law of the Kyrgyz Republic "On Public Procurement" filed with the Independent
interdepartmental Commission:
O In 2013 - 63;
O In 2014 - 109;
O In 2015 - 403;
O In 2016 – 1038.
O The complaints were categorized according to the subject matter as follows:
O Wrongful decisions of tender commissions;
O Discriminatory criteria, requirements or procedures established for the vendors
(contractors);
O Cancellation of tender results;
O Unjustified selection of the winner in the tender.
O For the purpose of transparency and public control the decisions of the Independent
interdepartmental Commission are placed on the web portal of public procurement.
Processing of Complaints
ОФИЦИАЛЬНЫЙ ПОРТАЛ ГОСУДАРСТВЕННЫХ
ЗАКУПОК КЫРГЫЗСКОЙ РЕСПУБЛИКИ
63 109
403
1038
0
200
400
600
800
1000
1200
2013 год 2014 год 2015 год 2016 год
Increasing number of complaints and proposals
lodged
ОФИЦИАЛЬНЫЙ ПОРТАЛ ГОСУДАРСТВЕННЫХ
ЗАКУПОК КЫРГЫЗСКОЙ РЕСПУБЛИКИ
Upon processing the applications for inclusionof unreliable vendors in the Database ofUnreliable Vendors (Contractors) the Databaselooks as follows:
O 2013 – 5 vendors;
O 2014 – 9 vendors
O 2015 – 18 vendors
O 2016 – 26 vendors.
The Register of Unreliable (unfair) Vendors(contractors) who were included for default ontheir commitment under the contract and forviolations of the rules of participation in publicprocurement procedures is available in an openformat on the web portal of public procurement.
Processing of Complaints
ОФИЦИАЛЬНЫЙ ПОРТАЛ ГОСУДАРСТВЕННЫХ
ЗАКУПОК КЫРГЫЗСКОЙ РЕСПУБЛИКИ
0
5
10
15
20
25
30
2013 год 2014 год 2015 год 2016 год
5 918
26
The number of Vendors included in the Database of
Unreliable Vendors
O The oversight authorities are: the Chamber ofAccounts of the Kyrgyz Republic, the ProsecutorGeneral’s Office of the Kyrgyz Republic, the StateService for Combating Economic Crimes under theGovernment KR, the State Committee for theNational Security of the Kyrgyz Republic, theDefense Council and the Service of internal auditfor the ministries (committees) and agencies.
O In accordance with the Law of the Kyrgyz Republic"On Public Councils in the government agencies"public councils were created to supervise the publicexpenditure, including public procurement, indifferent sectors
Civil Society Involvement in the Oversight Process
O Gradually implement online external and internal auditby creating space on the web Portal;
O Develop capacity of the supervisory bodies, includinginternal and external auditors, by development anddelivery of the tailor-made training on audit andinspection based on their needs;
O Promote public procurement oversight by civil societyand citizens by providing them wider access to thedata in accessible format;
O Highlight the role of public councils in publicexpenditure oversight, including public procurement.
Outlook for the Development of the Supervisory Authorities
Thank you for your attention!
Public Procurement Department
In the Ministry of Finance of the Kyrgyz Republic