What is the Independent Commission?

The Independent Complaints and Appeals Commission (hereinafter - the Commission) is an independent collegial body established to protect the rights and interests of participants in public procurement. The Commission ensures compliance with the legislation in the field of public procurement and provides participants with an opportunity for pre-trial appeal of procurement decisions.

 

Composition of the Commission

The Commission consists of a minimum of 15 members who are appointed for a term of one year. The members of the Commission shall be distributed as follows:

• One third - legal professionals;
• One third - specialists certified in public procurement;
• One-third shall be members of the public.

 

Requirements for members of the Commission

In order to become a member of the Commission, a candidate must meet the following requirements:

• Citizenship of the Kyrgyz Republic;
• Higher professional education;
• Availability of a certificate of a specialist in public procurement;
• Work experience in the relevant field for at least 3 years (law, public procurement or public work);
• Absence of a criminal record;
• No employment in state or municipal service.

 

Selection of Commission members

Members of the Commission are selected by the Expert Council (EC), which consists of representatives of legislative and executive authorities, civil society and independent experts. The selection takes place in two stages:

• Evaluation of candidates' documents for compliance with the requirements;
• Interview with the candidates.

 

Duties of the Commission

The main responsibilities of the Commission members include:

• Reviewing complaints objectively and impartially;
• Making decisions on complaints based on the law and principles of fairness;
• Communicating information about violations to the Authorized State Body.

 

Rights of the Commission

The Commission shall have the right to:

• Request additional information necessary for the consideration of complaints;
• Make proposals to improve the legislation on public procurement;
• Take measures against organizations that have violated the legislation on public procurement.

 

Conflict of interest

Members of the Commission are obliged to avoid any situations of conflict of interest. They may not participate in the consideration of cases if:

• Are affiliated with one of the parties;
• Have been employed by the organizations involved in the procurement in the last three years;
• Have provided consulting services to one of the parties.

 

Exclusion from the Commission

A member of the Commission may be expelled for:

• Violation of ethical standards;
• Submitting false information about his/her qualifications;
• Repeated violations of the deadlines for consideration of complaints;
• Refusal to undergo required training.

 

Training of Commission members

Members of the Commission shall be required to undergo regular refresher training. The authorized state body shall organize such courses to ensure a high level of professionalism and competence of the Commission members.

---

Photo by Campaign Creators on Unsplash