Public Procurement - 2011
Public procurement law in the Kyrgyz Republic is regulated by Law No 69 May 24th, 2004, with later amendments No 172 July 28th, 2008 and No 236 July 20th, 2009 (PPL).
In the EBRD 2010 assessment, PPL scored low to medium compliance in the region.
The Kyrgyz Republic has established a dedicated and independent regulatory body, the State Public Procurement Authority (Procurement Authority), which is responsible for developing PP policy. The Head of the Procurement Authority is appointed by the President at the Prime Minister´s request and reports to the Prime Minister.
The most apparent shortcoming of Kyrgyz procurement regulation is the bias towards domestic goods and tenderers as well as the inefficiency and lack of competition in local PP practice. In addition, outdated regulation leads to unnecessary bureaucracy in procurement procedures.
The Kyrgyz PP regulation achieved a 64 per cent score in the assessment of the regulation, which placed the country near the bottom of the medium compliance range. The analysis of the institutional framework showed the biggest gap in stability and flexibility indicators (30 and 27.5 per cent respectively). Two remaining regulatory gaps in uniformity and enforceability are substantially smaller (15 and 22.5 per cent). In addition, the assessment revealed substantial regulatory gaps in PPL regarding the implementation of the integrity safeguards (31 per cent) and the procurement efficiency instruments (41 per cent).
In the survey Kyrgyz procurement practice scored at 73 per cent, which represents medium compliance with international standards. The marks for practice are better than the result of the legislation assessment, but local practice is inconsistent leaving plenty of room for improvement.
An assessment of the institutional framework revealed that the legislation in place has not been implemented. Substantial implementation gaps have been observed in every indicator (average gap of 29 per cent). In addition to weak institutions, the implementation of integrity safeguards and efficient instruments in practice is very low, with implementation gaps at 26 per cent and 29 per cent respectively.
The survey revealed low compliance with the benchmark for implementation of sustainable procurement policies (30 per cent).