shall be entitled to refuse the given tender.
Статья 29. Awarding a Contract
29.1. Customer shall decide to award a contract to the participant that has
submitted the tender which satisfies the requirements set forth in Article 27 of this
Law and is evaluated as 'the best' in accordance with the procedures prescribed
by Article 28 of this Law, and shall simultaneously inform in writing such
participant and all other participants of the decision.
29.2. Contract shall be concluded in at least 5 business days from the
notification of awarding a contract within the period of tender validity.
29.3. In the case of a refusal of the tender participant evaluated as 'the
best' to conclude a contract, or in the case of occurrence of conditions specified in
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20.7.2 of this Law, customer may cancel the award of contract and may, in
accordance with this Law, conclude a contract with the first runner-up; or, in the
case of absence of such a participant, shall make one of the decisions specified in
30.4 of this Law.
29.4. Customer may, if for reasons not within its control contract could not
be concluded within the period of tender validity, extend such period.
29.5. Customer shall, in the case of extension of the period in accordance
with Article 29.4 of this Law, specify the reasons for it in the decision.
Статья 30. Refusal of All Tenders
30.1. Customer shall refuse all tenders in any of the following situations:
30.1.1. No tenders satisfying the requirements were received;
30.1.2. Participation in tender by an advance deal on prices,
misleading the competitors as to the real conditions of tender, or pressure upon
them proved by a court or relevant authority;
30.1.3. Prices of all tenders satisfying the requirements exceed
the budgeted cost estimated by customer by more than 5 per cent;
30.1.4. Failure of the negotiations specified in 30.2 of this Law.
30.2. If prices of all tenders satisfying the requirements exceed the
budgeted cost estimated by customer then customer may negotiate with tender
participants whose tender prices exceed those set by customer by up to 5
percent; and when negotiating, customer shall be prohibited from demanding from
tender participant to reduce the proposed price without any reason.
30.3. Customer shall not, in the case of refusal from all tenders as
provided in 30.1 of this Law, bear any liability before tender participants.
30.4. In the case of refusal from all tenders customer shall make one of
the following decisions:
30.4.1. To examine the reasons of unsuccessful tender, make
necessary amendments to the content of tender documents and conduct open
tender selection;
30.4.2. In the case of occurrence of the conditions specified in
30.1.3 and 30.1.4 of this Law where the reasons of unsuccessful tender are only
related to the amount and scope of the goods, works or services to be procured,
customer shall make necessary amendments to the content of tender documents
and conduct limited tender selection;
30.4.3. In the case of re-emerging of the conditions specified in
30.1 of this Law as a result of tender selection pursuant to the rules prescribed by
30.4.1 and 30.4.2 of this Law, customer shall immediately conclude a contract.
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Глава третья
SPECIAL RULES FOR TENDER SELECTION
Статья 31. Applying Special Rules for Tender Selection
31.1. The following methods shall be used in conducting tender selection
under special procedures:
31.1.1. Limited tender selection;
parison method;
31.1.3. Immediate conclusion of a contract.
31.2. The relationships concerning tender selection under special rules
which are not governed by Articles 32-34 of this Law shall be governed by
relevant articles, paragraphs and sub-paragraphs of Chapter Two of this Law.
Статья 32. Limited Tender Selection
32.1. Limited tender selection method shall apply in the following
условия:
32.1.1. Limited number of qualified persons capable of performing
the complex tasks for goods, works or services requiring high professional skills,
experience, technical and technological abilities;
32.1.2. in the case specified in 30.4.2 of this Law.
32.2. When conducting limited tender, customer shall, in accordance with
Articles 14-16 of this Law, send tender invitation simultaneously to all tender
participants capable of performing such tender and provide them equal
opportunities for fair participation.
32.3. Tender invitation shall contain the information specified in 21.5 of
настоящего Закона.
32.4. Tender documents shall be freely available, without any hindrance,
to all parties interested in accordance with 22.2 of this Law.
32.5. The deadline for receiving tenders shall be set at 15 or more
business days from the dissemination of tender invitation.
Статья parison Method
parison method can be used where the budgeted cost for
goods, works or services does not exceed the base price set in 8.1.1 of this Law.
parison method shall be used as follows:
33.2.1. Notify to submit the price proposal 3 or more persons that
satisfy technical definition and other conditions and requirements;
33.2.2. Awarding a contract to the tender participant from
amongst those who satisfy technical and other conditions and requirement and
who has submitted the lowest price in accordance with 29.1 of this Law.
33.3. The timeframe for the price proposal referred to in 33.2.1 of this Law
shall be set at least for 5 business days from dispatching of the tender invitation.
33.4. If awarding a contract is not permitted due to unsuccessful
comparison, the method of immediate contract conclusion can be used.
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Статья 34. Immediate Contract Conclusion Method
34.1. Immediate contract conclusion method can be only used in the
following circumstances:
34.1.1. In the cases specified in 30.4.3 and 30.4.4 of this Law;
34.1.2. In the case of possibility to conclude contract only with one
person, for the purpose of protection of intellectual property, where there is no
another person capable of replacing;
34.1.3. In the case of procuring of materials with different type of
technical nature by customer caused by replacing some parts of the goods or
equipment supplied in accordance with the initial contract, under the condition that
such additional supply does not exceed 20 per cent of the initially agreed price, or
changing the supplier during such additional supply; and in the case if such
arrangement is likely to cause any difficulties in the repair service, or unnecessary
cost;
34.1.4. If customer believes that a new tender selection shall not
bring about a better proposal outcome in the case of performing additional an/or
partial repeated task of the procured work, where the cost of additional work is not
more than the lowest of fifteen per cent of the initial contract price or the
compared base price specified in 8.1.1 of this Law;
34.1.5. In the case of impossibility to observe the minimum
timeframe for receiving tenders for open and limited tenders due to unforeseen or
force majeure conditions.
34.2. For immediate conclusion of contract under the conditions specified
in 34.1 of this Law customer shall negotiate with one or more persons capable of
providing the goods, works or services which satisfy the requirements set forth in
Articles 14-16 of this Law and shall conclude a contract with the person that
qualifies the best for technical definition and other conditions and requirements as
provided in this Law, and any agreements reached during the negotiation shall be
включены в контракт.
34.5. In the case of immediate contract conclusion customer shall submit
a copy of this contract specifying the reasons for choosing this method to the state
central administrative body in charge of budget matters.
Глава четвертая
RULES ON PROCUREMENT OF CONSULTING SERVICES
Article 35 . Selection of Consultants
35.1. Legal entities and individuals or may engage in consulting services.
35.2. Consulting firms shall be used where the work requires multi -
disciplinary expertise and personnel with special qualifications.
35.3. Individual consultants shall be selected where an individual expert
with the required qualifications and experience can best carry out a particular
задания.
Статья mon Procedure of Recruitment of Consultants
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36.1. Customer shall prepare terms of reference that include the purpose,
intended result and other necessary information for the required service.
36.2. Assignment given to the consultants, with consequential
modifications, shall form an integral part of the contract concluded with consultant.
36.3. Customer shall make a cost estimate based on the qualification level
and type of personnel, the period to be spent in the field and in the home office
and stationeries any other items reasonably required for the provision of the
услуги.
36.4. Once the terms of reference and a cost estimate have been
prepared, customer shall publish in the daily and other press an invitation to
potential consultants to apply for.
36.5. The detailed list may be compiled from:
36.5.1. Respondents to invitation of the proposed contract specified
in 36.4 of this Law;
36.5.2. Domestic and international consultants operating in
Mongolia;
36.5.3. Consultants registered in the Registry specified in Article 51
of this Law;
36.5.4. Consultants of professional associations, international
financial and other institutions.
36.6. Customer shall draw up from the detailed list, in accordance with
Articles 14-16 of this Law and the selection criteria of capabilities established by
customer a short list of 3 or more consultants appearing in the list.
36.7. Customer shall send an invitation for proposals together with the
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