in proportion to the percentage of works performed by procurer.
43.6. To secure the procurer's performance of overall tasks during the
warranty period of goods, works or services customer may include in the tender
documents a term that allows customer to pledge 5-10 per cent of the contract
price until the expiration of the warranty period.
43.7. Procurer may provide a bank guarantee or Government bond as
security of its obligations specified in 43.1 of this Law in which case customer
shall prepay the pledged money in the amount equal to the sum specified in such
guarantee.
Статья 44. Prepayment and its Guarantee
44.1. Customer may make prepayment to procurer to ensure the
preparation of work.
44.2. Customer shall make prepayment equal to the amount proposed by
procurer and based on the guarantee specified in 20.2 of this Law.
44.3. In the case prepayment is not provided in tender documents
customer shall not make prepayment.
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Глава шестая
MANAGEMENT OF PROCUREMENT
Статья 45. Arranging of Procurement by customer
45.1. Customer shall make arrangements of procurement of goods, works
or services with the funds allocated from the state and local budget for expenses
other than those for investments, funds from other sources, as well as those to be
financed from own funds in accordance with the rules prescribed by this Law.
45.2. The following shall be customers in case of procurement of goods,
works or services with the investment sources of the state budget:
45.2.1. Secretariats of the President and the State Ih Hural,
Secretariat of Government, National Security Council, state central administrative
bodies and the bodies accountable to the State Ih Hural; Supreme Court, Office of
the Prosecutor-General, General Council of Courts, agencies within the matters in
charge of the Prime Minister and Deputy Prime Minister for procurement of overall
goods, works and services for own needs;
45.2.2. A state central administrative body for procurement of goods
and services with cost of more than 50 million togrogs and works with cost of
more than 150 million togrogs for needs of agencies and organizations within the
matters in charge of Member of the State Ih Hural;
45.2.3. Agencies and organizations specified in 45.2.2 of this Law
and Offices of aimag and Capital city Governors for the procurement of goods and
services with cost of 20-50 million togrogs and works services with cost of 50-150
million togrogs;
45.2.4. For procurement of goods, services and works with cost less
than the minimum amount set in 45.2.3 of this Law - the particular customer.
45,3. The following shall be customer in case of procurement of goods,
works and services with the local budget investment sources:
45.3.1. Offices of aimag and Capital city Governors for
procurement of goods and services with cost of more than 5 million togrogs and
works with price of more than 15 million togrogs;
45.3.2. Offices of aimag and district Governors or local budget
organizations - for the procurement of goods and services with price up to 5 million
togrogs and works with price up to 15 million togrogs.
45.4. Procurement of goods, works and services of certain assortments by
two and more customers may be centralized or joined, if such arrangement is cost
effective or economical.
45.5. General budget manager shall make a decision to centralize
procurement and assign customer.
45,6. If joint procurement of goods, works or services of the same type by
several customers is cost effective or economical general budget manager may
make a decision to join such procurements as provided in 45.4 of this Law and
assign customer.
45,7. Centralizing procurement in cases other than those specified in 45.5
of this Law shall be prohibited.
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Статья 46. Rights and Obligations of Customer
46.1. Customer shall have the following rights and obligations with respect
to procurement of goods, works and services:
46.1.1. To establish evaluation committee as provided in this Law;
46.1.2. To oversee whether the activities of the evaluation
committee and evaluation conclusions are in conformity with applicable legislation
and to remedy the breaches committed;
46.1.3. To make decisions to award contracts on the basis of
conclusions of evaluation committee;
46.1.4. To fit in the budget approved and effectively plan and
organize procurement of goods, works and services;
46.1.5. To commence procurement process, after the source for
financing the good, works or services is approved;
46.1.6. To oversee the performance of the procurement of goods,
works or services;
46.1.7. To not amend the contract otherwise than provided in the law
or contract;
46.1.8. To have commenced procurement of seasonal goods, works
or services, including construction, roads and engineering lines within 15
м
January of the given year;
46.2. General Manager shall act as representative of the customer
specified in 4.1.1 of this law, and executive director as representative of the
customer specified 4.1.2 of this law respectively, which representatives shall
exercise the rights and duties provided in 46.1 of this law.
46.3. The person authorized to represent customer specified in 46.2 of
this law may transfer its rights conferred by this law but such transfer shall not
serve as a reason to release from liability.
46.4. Customer's communications in the matters connected with
procurement shall only be in writing.
Статья 47. Evaluation Committee
47.1. Customer shall establish evaluation commission where the budget
cost exceeds the maximum set in 8.1.1 of this law.
47.2. Evaluation Committee shall have no permanent operation and shall
exercise the following functions:
47.2.1. To prepare technical definition, develop invitation for tender
and tender documents, receive tenders and open tender procedure according to
relevant instructions;
47.2.2. To review and assess tenders, draw assessment
conclusions, and give to customer recommendation to award a contract.
47,3. Officials on the evaluation committee shall satisfy the following
требования:
47.3.1. Be specialized in field of procurement or in the field of the
given goods, works or services;
47.3.2. Not be parent, parent-in-law, spouse, sibling, son or
daughter of the tender participant or its representative;
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47.3.3. Within past 3 years not be in labor relationships with tender
participant;
47.3.4. Within past 1 year have not violated the duties of civil
servants provided in 50.1 of this law.
47.4. Representative from non-government organizations in related fields
may be on the evaluation commission.
47.5. Majority of members of the evaluation commission shall be
specialized in procurements.
47.6. Decision of evaluation committee (hereinafter referred to as
'assessment conclusion') shall be in the form of minutes of meeting and shall
contain decision taken by majority of vote of evaluation committee members, its
basis and other relevant information.
47.7. Assessment conclusion shall be endorsed by signatures of all
committee members and those who voted against shall make and sign notice to
this effect in the conclusion.
Статья 48. Planning of Procurement
48.1. Customer shall prepare plan of procurement of goods, works and
services in consistency within the approved budget of the given year and deliver
to the General Budget Manager within 30 days from approval of the State budget.
48.2. General Budget Manager shall finalize the plan of procurement of
goods, works and services within the scope of own budget and deliver to the state
central administrative body in charge of budget matters within 45 days from
approval of the State budget.
48.3. General Budget Manager shall approve customer's plan of
procurement and exercise control over its implementation.
48.4. The state central administrative body in charge of budget matters
shall review the Procurement Plan of the General Budget Manager and exercise
control over its implementation.
48.5. Customer shall announce the plan of procurement in the mass
media within the first month of the respective year.
Статья 49. Reporting of Procurement Procedures
49.1. Customer in each case of conducting procurement shall compile
tender documents into a file and keep as an archive unit.
49.2. Tender file shall consist of the following documents and materials:
49.2.1. procurement plan, its implementation and comments,
где это необходимо;
49.2.2. basis of selection, in case where method other than open
tender is used;
49.2.3. brief description of goods, works or services to be procured
and tender documents;
49.2.4. letters exchanged with customer and tender participant;
49.2.5.
tender submitted by tender participant;
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49.2.6. notice about tender opening, assessment conclusion and
recommendation to award the contract;
49.2.7. reasons or grounds, in cases tender procedures are
unsuccessful or all tenders are rejected;
49.2.8.
decision to award contract and the contract;
49.2.9. other documents related to tender;
49.2.10. documents concerning review of performance of contract
and acceptance of goods, works or services.
49.3. The state central administrative body in charge of budget matters
and relevant central law-enforcement authorities and officials thereof shall have
the right of access to the documents specified in 49.1 of this Law.
49.4. The persons who participated in the given tender may access the
documents specified in 49.2.2, 49.2.6, 49.2.7 and 49.2.8 of this Law by making a
запрос в письменной форме.
49.5. Customer shall submit report of the goods, works and services
procured in the given year to the General Budget Manager within 1 December of
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