Global Integrity Report

Kyrgyz Republic Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

Kyrgyz Republic: Integrity Indicators Scorecard

Kyrgyz Republic: Integrity Scorecard Report > Sub-Category: Procurement
Indicators		Score
48	Is the public procurement process effective?	90
49	Can citizens access the public procurement process?	83

Indicator and sub-Indicator Details

Is the public procurement process effective?

48a: In law, there are regulations addressing conflicts of interest for public procurement officials.

Score:

YES

Comments: Procurement officials are not considered as a special group within the civil service law. All civil servants shall not participate in a bid where they have conflicts of interest. The latter include restrictions on making deals between organizations in which they work and organizations where they have relatives, shares or other interests.

References: The Law on State Procurements of 24 May, 2004, #69, Article 5

48b: In law, there is mandatory professional training for public procurement officials.

Score:

YES

Comments: There is no provision for training, although at least one member of the bidding commission has to be a certified procurement specialist. Training usually is provided by the Regional Training Center of the State Procurements Agency from time to time.

References: The Law on State Procurements of 24 May, 2004, #69, Article 13

48c: In practice, the conflicts of interest regulations for public procurement officials are enforced.

Score:

100

Comments: Conflicts of interest cannot be identified and monitored, since there is no procedure, staff or a database for this.

References: Confidential source (expert in civil service law)

48d: In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials.

Score:

YES

Comments: Incomes and assets of procurement specialists might be monitored by the Agency for Civil Service Affairs as they would be for any other civil servants.

References: The Law on Civil Service of 11 August, 2004, N 114

48e: In law, major procurements require competitive bidding.

Score:

YES

Comments: The minimum margin for procurement of goods and services is 100,000 soms (US$2,500) and the maximum margin is 1,000,000 soms (US$25,000). For a sum equal or exceeding the maximum margin, a tender announcement is to be published in the mass media and the Government Procurement Bulletin.

References: Government Regulation on Minimum Level of Procurement of Goods, Works and Services of 16 September, 2005, N 440

48f: In law, strict formal requirements limit the extent of sole sourcing.

Score:

YES

Comments:

References: The Law on State Procurements of 24 May, 2004, #69, Article 38

48g: In law, unsuccessful bidders can instigate an official review of procurement decisions.

Score:

YES

Comments: Tender participants may file a complaint to a purchasing organization or to the authorized state body - the Government Procurement Commission - before the tender commission makes a final decision.

References: The Law on State Procurements of 24 May, 2004, #69, Articles 63, 65

48h: In law, unsuccessful bidders can challenge procurement decisions in a court of law.

Score:

YES

Comments: The decisions of a purchasing organization, as well as disputes arising in the process of procurement shall be settled in a court.

References: The Law on State Procurements of 24 May, 2004, #69, Article 67

48i: In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.

Score:

YES

Comments:

References: " Regulations about formation of the Database of unreliable (unfair) suppliers (contractors) and procedure of its application": Approved by the Order of the State Commission on Public Procurements and Material Reserves of 13 January, 2005, N 8

48j: In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.

Score:

100

Comments: There is the regulation on the database of unreliable suppliers, but it is not published at the Web site, as it has to be according to the law. There is no proven experience such a system has been applied.

References: Confidential source (specialist in procurements)

Can citizens access the public procurement process?

49a: In law, citizens can access public procurement regulations.

Score:

YES

Comments: General rules of procurement are available to the public online.

References: The Law on State Procurements of 24 May, 2004, #69, www.goszakupki.gov.kg

49b: In law, the government is required to publicly announce the results of procurement decisions.

Score:

YES

Comments: Purchasing organizations have to announce results of bids in the State Procurement Bulletin.

References: The Law on State Procurements of 24 May, 2004, #69, 30

49c: In practice, citizens can access public procurement regulations within a reasonable time period.

Score:

100

Comments: Regulations are available online.

References: [ LINK ]

49d: In practice, citizens can access public procurement regulations at a reasonable cost.

Score:

100

Comments: Regulations are available online.

References: [ LINK ]

49e: In practice, major public procurements are effectively advertised.

Score:

100

Comments: Most purchasing organizations ignore Article 30 of the Law on State Procurements and purchase goods and services without the mandatory announcement in the State Procurement Bulletin. The State Procurement Agency has no leverages and mechanisms to control and impose sanctions on them.

References: The Decision of the State Commission on Public Procurements and Material Reserves of 5 October, 2006

49f: In practice, citizens can access the results of major public procurement bids.

Score:

100

Comments: There are cases where state agencies ignored the law and did not published information regarding a bid's results.

References: Results of investigations of the State agency on state procurement and material reserves, [ LINK ]