terms of reference to the consultants appearing in the short list.
36.8. Invitation for proposals shall contain:
36.8.1. description of assignment and financing;
36.8.2. terms of reference;
36.8.3. selection criteria to be used based on Articles 14-16;
evaluation criteria established by customer in accordance with 28.11;
36.8.4. names of consulting legal entities and individuals being
invited;
36.8.5. draft contract;
36.8.6. instructions for submitting proposals;
36.8.7 evaluation method chosen.
36.9. The period to receive proposals shall be not more than 60 days, but
more than 30 days for legal entities and more than 7 days for individuals.
36.10.
Consultant shall prepare and submit the technical and
financial proposals separately.
36.11. The technical proposal shall contain information relating to the
consultant's professional capabilities, methods and experience as the key
персонала.
36.12. The financial proposal shall contain the price for which the contract
shall be performed on the terms of the technical proposal.
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36.13. The financial proposal shall be evaluated after evaluation of the
technical proposal.
36.14. Both proposals shall be submitted at the same time, and, where
specifically provided in the letter of invitation, shall be contained in two separate
sealed envelopes.
36.15. Customer in accordance with Articles 37-39 of this Law shall
evaluate both technical and financial proposals and in case a negotiation with the
selected consultant succeeds the consultant shall be awarded the contract as
provided in Article 29 of this Law.
Статья 37. Methods of Evaluation for Recruitment of Consultants
37.1. Before dispatching invitation for proposals, customer shall determine
the method of evaluation to be used.
37.2. Method of evaluation shall be competence evaluation method,
quality evaluation method or combined evaluation method.
petence evaluation method based on personal knowledge,
experience, professional level and other skills shall be used for recruitment of
individual consultant.
37.4. In selection of consulting institution quality evaluation method or
combined evaluation method shall be used.
37.5. Quality evaluation method shall be used for the selecting of
consulting institution, in the case of technically complex contracts or contracts
requiring simultaneous accomplishment of several interrelated services.
37.6. In all cases other than those specified in 37.3 and 37.5 of this Law
combined evaluation method shall be used.
Статья 38. Quality Evaluation Method
38.1. Proposals received shall be analyzed and compared with respect to
the proposed consulting methodology, schedules of work, experience and
capabilities of the personnel, quality of service and technical facilities.
38.2 Technical proposals shall be assigned scores on the basis of the
requirement criteria set forth in Article 14-16 of this Law.
38.3. Customer may open the financial proposal submitted by the
technically first ranked consultant and negotiate with such consultant financial and
other terms of the contract.
38.4. During the negotiation procedure specified in 38.3 of this Law
customer may not require to reduce the price proposed by consultant without
objective reason.
38.5. Consultant or its authorized representative shall be obliged to
provide customer with documents, estimates, researches and other required
information and evidence necessary for conducting negotiations.
38.6. If the parties fail to reach agreement on the financial or other terms
of the contract, customer may terminate negotiations with the selected consultant
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and open the financial proposal of the next ranked consultant and negotiate with
that consultant.
Статья bined Evaluation Method
39.1. In the combined evaluation method, customer shall specify in the
invitation the minimum score of the technical proposal which must be attained.
39.2. Technical proposals shall be assigned score on the basis of the
requirements and criteria set forth in Article 14-16 of this Law.
39.3. All tenders which attain the minimum score for technical capability
set in the invitation or higher shall be notified of the opening data of financial
proposals and financial proposals of consultants who fail to attain the minimum
score shall be returned unopened.
39.4. Financial proposals of consultants that have attained the minimum
or higher score for the technical proposal shall be publicly opened at specified
time with minutes kept.
39.5. Consultant or its representatives shall be entitled to be present
during the opening of financial proposals.
39.6. All financial proposals opened shall be evaluated and assigned a
score according to requirements and criteria set forth in 36.8.3 of this Law.
39.7. Total quality and price score shall be calculated by adding the
proportions of scores for the technical and financial evaluations in the percentage
set in the invitation.
39.8. Customer shall enter into negotiations with the consultant who
achieves the highest score.
39.9. Negotiations may be conducted in order, where necessary, to modify
the number of man-months or man-days, the periods to be spent in the field or
home office, stationery and other requirements for the given service.
39.10.
No unit price proposed, including cost of man-months or man -
days may be modified by negotiations.
39.11.
If parties fail to reach agreement on the non-financial terms of
the contract, customer shall terminate negotiations with the selected consultant
and invite the next ranked consultant for negotiations.
39.12.
For contracts for auditing, ordinary engineering design and
other common assignments in which the contract value does not exceed the
threshold set forth in 8.1.3 of this Law, a simplified modification of the combined
evaluation method, the "least cost method" may be used.
39.13.
The "least cost method" to evaluate the technical proposal
and the financial proposal shall be opened in accordance with 39.2-39.4 of this
Закон.
39.14.
Negotiations with the consultant who provides the lowest cost
proposal shall be conducted in accordance with 39.9-39.11 of this Law.
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ГЛАВА ПЯТАЯ
CONTRACT FOR PROCUREMENT OF GOODS, WORKS OR SERVICES
Статья 40. Contract for Procurement of Goods, Works or Services
40.1. Unless otherwise provided in this Law, relationships concerning
contracts for procurement of goods, works or services (hereinafter referred to as
“procurement contract”) to be concluded between customer and procurer shall be
governed by the Civil Code.
40.2. “Best” qualified tender and technical and trade requirements defined
by customer in the tender documents shall be the basic condition of a
procurement contract.
40.3. A procurement contract shall contain the following terms, in addition
to those specified in 40.2 of this Law:
40.3.1. Contract price;
40.3.2. Terms and form of payment;
40.3.3. Amount and form of guaranteed advance payment, in case
of advance payment;
40.3.4. Customer's oversight and other terms;
40.3.5. Amount and forms of the performance guarantee, where
such is required;
40.3.6. Terms of sale;
40.3.7. Schedule of supply of goods or performance of service;
40.3.8. In case adjustment is to be made to the contract price, its
terms and methodology.
40.4. In the following cases customer may define in the contract to justify
the prices of procuring goods, works, service facilities, raw materials and
payments:
40.4.1. in case the contract is for more than 2 years, commodity price index
изменения;
40.4.2. abrupt change of the base prices.
40.5. Member of Government in charge of budget matters shall approve
standard conditions of procurement contract.
Статья 41. Prohibition of Amendments to Procurement Contract
41.1. It shall be prohibited to make the following amendments to
procurement contract:
41.1.1. Customer modifying contract terms related to its content in
cases other than necessary amendments made as the result of unforeseen
обстоятельств;
41.1.2. Increasing the contract price in any case except for the
conditions specified in 40.4 of this Law.
41.2. Procurer shall be prohibited from assigning to any third party its
obligations under contract.
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Статья 42. Void Contract
42.1. Procurement contract shall be void in the following cases:
42.1.1. Customer's failure to obtain a permission to award the
contract as provided in Article 53 of this Law;
42.1.2. Customer awarding the contract in breach of Articles 27, 28
or 29 of this Law;
42.1.3. The breaches made in the course of implementation of the
procurement rules prescribed by this Law materially affecting the final result of
tender procedures.
Статья 43. Performance Guarantee, its Amount and Issuing
43.1. Prior to awarding contract customer may demand issuing a
performance guarantee from the participant who provides the “best” qualified
тендер.
43.2. Customer shall set up the amount of performance guarantee equal
to 5 per cent of the contract price and specify in the tender documents.
43,3. Performance guarantee shall be valid until the final assessment of
the contract and handing in of goods, works or services.
43.4. Customer shall demand performance guarantee from procurer in the
следующих случаях:
43.4.1. concluding of a work procurement contract with budgeted
cost of more than 150 million togrogs;
43.4.2. concluding of service procurement contract with budgeted
cost of more than 100 million togrogs;
43.4.3. concluding of procurement contract for more than 2 years.
43.5. In the case if the duration of performance of a procurement contract
is more than 2 years customer may reduce the performance amount of guarantee
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