Department of logistics
Class of log-1-19
As known, the organization of procurement activities in a state of emergency is carried out within the framework of a different algorithm which is aimed to simplify the procurement process in order to promptly conduct tender procedures and, accordingly, ensure faster deliveries of goods, works and services (consulting / non-consulting).
When an emergency situation is declared in the country, or when it occurs in any specific location, public bodies immediately respond and take appropriate measures, including the purchase and provision of goods, works and services (consulting / non-consulting) necessary for fight against emergencies. Before moving on to procurement procedures in an emergency, it is advisable to briefly describe the concept of emergency.
The Law of the Kyrgyz Republic "On Civil Protection" dated May 24, 2018 No. 54 gives the following definition of the term "emergency situation - a situation that has developed in a certain territory of the Kyrgyz Republic as a result of a dangerous natural or man-made phenomenon, accident, disaster, natural or other disaster, the impact of modern means of destruction that may or have resulted in human casualties, damage to human health or the environment, significant material losses and disruption of the living conditions of people. "
In the event of an emergency, the authorized body in the field of civil protection is obliged to ensure "the priority life support of the population in the emergency zone - the timely satisfaction of the primary needs of the population: in water, food, basic necessities, medical services and facilities, utilities, housing, transport and information support”. Also, this Law determines that organizations in the field of civil protection, among other things, are obliged to create "stocks of material, technical, food, medical, individual and collective means of protection", which in turn implies a significant role in forecasting emergencies and, consequently, appropriate procurement planning.
The main problems of inventory management in an emergency situation is the lack of time for its formation and / or the lack of the necessary financial resources, which often does not allow to fully and timely meet the needs in emergency situations and eliminate their consequences. To solve these problems, it is necessary to be able to simplify procurement procedures and ensure their efficiency.
Below are the procurement methods (excerpts from national legislation) aimed at achieving these objectives. The Law of the Kyrgyz Republic "On Public Procurement" dated April 3, 2015 No. 72 states that:
Procurement simplification procedures in emergency situations are also spelled out in the guidelines of donor organizations. For example, according to the World Bank's Procurement Rules for FIP Borrowers, emergencies “include those situations where the Bank believes that the Borrower / Recipient or, as the case may be, a member country has an urgent need for assistance due to a natural disaster, man-made disaster or conflict. In the event of an emergency in the Borrower's country, the specified World Bank Rules assume:
The Request for Proposals is a competitive method and is applied if, due to the nature and complexity of the purchased goods, works or non-consulting services, the Borrower will best meet its production needs if it allows Applicants to propose customized solutions or submit Proposals that may differ in how they fulfill or exceed the requirement of the RFP document.
Request for quotations is a competitive selection method based on the comparison of price quotations of firms. This method may be more effective than more sophisticated methods for purchasing limited quantities of off-the-shelf finished goods or non-consulting services, standard specification commodities, or simple, low-cost construction work.
Direct selection is used when proportionality, eligibility for funding, and value for money may require an approach such as direct selection, that is, inviting and negotiating with only one firm. This selection method may be appropriate if there is only one suitable firm, or there is a reason to use a preferred firm in an emergency.
Also, in emergency situations, selection is applied based on the qualifications of consultants, within which it is impractical to draw up and evaluate bids, as this requires additional time.
In addition, the World Bank Disaster Rules propose the cancellation of collateral and performance guarantees. For small contracts for the supply of goods or the execution of works, you can speed up the preparation of bids for small and medium-sized suppliers and contractors by removing the requirement for collateral. Nevertheless, when performing work, the customer can carry out a guarantee withholding of funds for the duration of the contractor's liability; when it comes to the delivery of goods, a manufacturer's warranty is required.
In an emergency situation, where suppliers and contractors have difficulty obtaining a credit line from banking institutions, it is possible to increase the amount of prepayment for contracts for the supply of goods and performance of work to 40% of the total contract value, provided the supplier provides a bank guarantee for an equivalent amount.
An additional measure is that in an emergency, UN Agencies can act as contractors on an out-of-competition basis to perform work that requires unique experience in emergency response, and take part in activities funded by the World Bank or a trust fund managed by the World Bank, one of the in the following ways:
The following projects financed by the World Bank and currently being implemented in Kyrgyzstan can serve as an illustrative example of the application of the above procedures.
“Building resilience to disaster risks in Kyrgyzstan”, namely the “Emergency Response Component for Immediate Response in the Event of a Declared Crisis or Emergency,” within which funds are allocated for the procurement of the following items of goods for rapid response teams, hospitals assigned for observation , primary health care centers, intensive care units: personal protective equipment; disinfectants; laboratory reagents required for diagnostics; medicines; medical devices; medical equipment; breathing support equipment; other goods (paper towels, liquid soap, shipping containers, etc.) as well as the purchase of fully equipped ambulances.
The implementation of the Agreement on financing the "Emergency COVID-19 Project" between the Kyrgyz Republic and the International Development Association, signed on April 7, 2020 and ratified by the Law of the Kyrgyz Republic No. 46 dated April 20, 2020, has begun. This project, funded by the World Bank, aims to prevent additional infiltration of infected persons and to limit the spread of infection within the country, which also applies procurement procedures in an emergency.
The following projects financed by the World Bank and currently being implemented in Kyrgyzstan can serve as an illustrative example of the application of the above procedures.
“Building resilience to disaster risks in Kyrgyzstan”, namely the “Emergency Response Component for Immediate Response in the Event of a Declared Crisis or Emergency,” within which funds are allocated for the procurement of the following items of goods for rapid response teams, hospitals assigned for observation , primary health care centers, intensive care units: personal protective equipment; disinfectants; laboratory reagents required for diagnostics; medicines; medical devices; medical equipment; breathing support equipment; other goods (paper towels, liquid soap, shipping containers, etc.) as well as the purchase of fully equipped ambulances.
The implementation of the Agreement on financing the "Emergency COVID-19 Project" between the Kyrgyz Republic and the International Development Association, signed on April 7, 2020 and ratified by the Law of the Kyrgyz Republic No. 46 dated April 20, 2020, has begun. This project, funded by the World Bank, aims to prevent additional infiltration of infected persons and to limit the spread of infection within the country, which also applies procurement procedures in an emergency.
The following projects financed by the World Bank and currently being implemented in Kyrgyzstan can serve as an illustrative example of the application of the above procedures.
“Building resilience to disaster risks in Kyrgyzstan”, namely the “Emergency Response Component for Immediate Response in the Event of a Declared Crisis or Emergency,” within which funds are allocated for the procurement of the following items of goods for rapid response teams, hospitals assigned for observation , primary health care centers, intensive care units: personal protective equipment; disinfectants; laboratory reagents required for diagnostics; medicines; medical devices; medical equipment; breathing support equipment; other goods (paper towels, liquid soap, shipping containers, etc.) as well as the purchase of fully equipped ambulances.
The implementation of the Agreement on financing the "Emergency COVID-19 Project" between the Kyrgyz Republic and the International Development Association, signed on April 7, 2020 and ratified by the Law of the Kyrgyz Republic No. 46 dated April 20, 2020, has begun. This project, funded by the World Bank, aims to prevent additional infiltration of infected individuals and to limit the spread of infection within the country, which also applies procurement procedures in an emergency.
