further complaints on the same subject matter.

54.4. Customer within 10 working days from receipt of the complaint shall

make a decision which shall state the grounds in case of refusal to satisfy the

complaint or indicate the steps to dispose it, if the complaint is satisfied.

54.5. Following submission of complaint, no contract shall be awarded

unless customer decides that continuing of tender without interruption is required

in public interests.

54.6. If a decision to proceed with tender is made pursuant to 54.5 of this

Law the complainant shall be officially notified of its grounds within at least 5

working days prior to such decision taking effect.

54.7. Customer shall not accept complaints made after award of contract.

Статья plaints With Respect to Customer's Decision

55.1. In the following cases if the complainant disagrees with the decision

made by customer regarding the compliant, no decision is made within the period

set forth in 54.4 of this Law, or customer awards contract, a complaint may be

made within 5 working days to the state central administrative body in charge of

budget matters.

55,2. The state central administrative body in charge of budget matters

shall review only complaints made prior to award of contract and dispose them

within 14 days from receipt.

55.3. If the state central administrative body in charge of budget matters

upon reviewing complaint shall issue one of the following decisions if it deems that

customer is in breach of this Law:

55.3.1. To rescind or modify in whole or partially act or decision of

customer in breach of this Law;

55.3.2. To indicate the legal provisions to be applied to the given

вопросу;

55.3.3. To require customer to proceed with tender based on

remedying the breach.

55.4. The state central administrative body in charge of budget matters

may suspend the enforcement of any decision or act of customer until the final

decision on complaint is made in the following cases:

55.4.1. if satisfying of tender participant's complaint is more justified;

55.4.2. if tender participant is likely to suffer loss in large amount in

the case no suspension is made;

55.4.3.

if suspension is not obviously harmful to the relevant

state authority, customer or to other tender participants.

55.5. The state central administrative body in charge of budget matters

when reviewing compliant concerning award of contract pursuant to 53.1 of this

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Law shall obtain an opinion of an expert team and shall base own decision

thereon.

55.6. The expert team shall be composed of three experts who shall be

selected within 3 days from complaint under the following procedure:

plainant and customer shall each select one expert;

55.6.2. the experts selected by complainant and customer shall

select the third expert by mutual agreement.

55.7. In the event that parties fail to select the experts, then the state

central administrative body in charge of budget matters may select them on behalf

of parties.

55.8. The Government shall approve the rules of work and empowering of

expert team.

Статья 56. Making Complaint to Court

56.1. If the state central administrative body in charge of budget matters

fails to make a decision within the period set in 55.2 of this Law or if complainant

disagrees with the decision made, the complainant may file a complaint to court.

56,2. After conclusion of contract complaints concerning tender procedure

may only be made to court.

Статья 57. Liability for Breaches of the Legislation

57.1. A judge or state inspector shall impose the following administrative

sanctions for breach of the procedures prescribed by this law, unless the person

responsible is subject to criminal liability:

57.1.1. For the failure to apply the open tender procedure in an open

tender a fine of 200,000-250,000 togrogs on customer and of 40,000-60,000

togrogs on an official;

57.1.2. For the restriction of participation of a foreign person in

breach of 9.2 of this Law, a fine of 150,000-200,000 togrogs on customer;

57.1.3. For breaches of 8.4, 8.5 or 8.7.1 of this Law during selection

of rules for open tender a fine of 200,000-250,000 togrogs on customer and

40,000-60,000 togrogs on an official;

57.1.4. For breaches of 10.1, 10.2 or 10.3 of this Law when applying

the difference in evaluation of exclusive rights a fine of 30,000-60,000 togrogs on

members of evaluation group;

57.1.5. For the failure to follow the relevant procedures, instructions

and standard documents approved by the state central administrative body in

charge of budget matters in preparation of tender invitation and documents a fine

of 30,000-60,000 togrogs on an official;

57.1.6. For breach of 21.3 and 21.4 of this Law when announcing

tender a fine of 200,000-250,000 togrogs on customer;

57.1.7. For overpricing of tender documents in breach of 22.2 of this

Law a fine of 100,000-150,000 togrogs on customer;

57.1.8. For setting the deadline for submitting tender in less than 30

days in breach of 24.3 of this Law or the failure to observe the minimum period set

in 36.9 of this Law during selection of consulting service provider, a fine of

100,000-150,000 togrogs on customer;

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57.1.9. For an unfair conduct of tender by customer by awarding of

contract to a participant whose tender is not evaluated as the “best” in breach of

29.1 of this Law a fine of 200,000-250,000 togrogs on customer, and 40,000-

60,000 togrogs on an official;

57.1.10. For breach of 26.6 of this Law a fine of 40,000-60,000

togrogs on an official;

57.1.11. For the refusal from and cancellation of tender on the

grounds other than those specified in 27.1 and 30.1 of this Law a fine of 200,000-

250,000 togrogs on customer;

57.1.12. For the applying special tender procedure in the conditions

other than those specified in 32.1, 33.1 or 34.1 of this Law, a fine of 150,000-

200,000 togrogs on customer;

57.1.13. For the failure to form an evaluation committee in breach of

Article 47.1 of this Law, a fine of 100,000-150,000 togrogs on customer;

57.1.14. For the failure to announce the procurement plan or to

compile the given tender file in breach of Articles 48 and 49 of this Law, a fine of

100,000-150,000 togrogs on customer;

57.1.15. For concluding a contract without approval of the state

central administrative body in charge of budget matters in breach of Article 53 or

41 of this law a fine of 20,000-60,000 togrogs on an official.

57,2. A competent body or official shall impose disciplinary sanction in the

form of dismissal on the General Manager or executive management of customer

and a member of the evaluation committee for repeated breaches of Articles

57.1.1, 57.1.3, 57.1.5, 57.1.7, 57.1.9, 57.1.11, 57.1.12, 57.1.13, or 57.1.15 of this

Закон.

57,3. If a court or a competent authority establishes that a tender

participant or any person has failed or broken the procurement procedures, made

an obviously false statement when participating in tender, or committed a

corruption offence, the relevant decision shall be delivered to the state central

administrative body in charge of budget matters which shall enter such persons in

the registry of persons with restricted rights for tender participation.

Статья 58. Вступление в силу

58.1 This Law shall enter into force on 1 February 2006.

CHAIRMAN OF THE

STATE IKH KHURAL

TS. NYAMDORJ

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