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Dumping in public procurement

Author — Azat Masaurov.

A dumping price is a price cut below the allowed threshold. You can still win with it, but you will have to provide more performance security.

Public procurement: dumping thresholds in open tenders

A price is considered dumping if it is lower than the procurement amount by more than:

What is procuredThreshold
Goods, works, services10 %
Construction and installation works2 %
Medium repair of roads5 %
Routine repair of buildings and structures20 %
Design, engineering, technical supervision10 %

In requests for quotations the threshold is 10 %. For auctions it is set in the procurement documentation.

What happens with a dumping price

The winner provides, in addition to the performance security, an amount equal to how far the price is below the minimum allowed. Example: procurement amount 10 000 000 ₸, goods (threshold 10 %), minimum price 9 000 000 ₸. You offered 8 500 000 ₸ — 500 000 ₸ is added to the performance security.

Sources: Law No. 106-VIII (Art. 13), the Rules (Order of the Ministry of Finance No. 687, paras. 85–94 and 97).

Samruk-Kazyna

What is procuredThresholdCalculated
Construction and installation works5 %from the customer price
Design, expert review, technical supervision10 %from the customer price
Goods15 %from the average of all bids
Other works and services20 %from the average of all bids

The Fund's procurement procedure changes often — check the tender documentation.

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