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Dumping in public procurement: thresholds and the anti-dumping amount

Published · 3 min read

You can cut your price to win — but only within limits. If the price falls below the threshold, the supplier either pays an additional anti-dumping amount or (in construction, design and certain services) cannot win at that price at all.

What a dumping price is

Under Article 13 of the Law, a dumping price is a price below the threshold set by the Rules. You may offer it, but then, in addition to performance security, the winner pays an anti-dumping amount — the difference between the minimum non-dumping price and its own price.

Example: 10 million ₸ has been allocated and the threshold is 10% below the allocated amount, i.e. 9 million ₸. You offered 8.5 million ₸ — the anti-dumping amount will be 500,000 ₸.

Thresholds by procurement method

ProcurementDumping means a price below…Can you win at a dumping price?
Open tender, general case (goods, most works and services)the allocated amount by more than 10%Yes, with an anti-dumping amount
Request for price quotationsthe allocated amount by more than 10%Yes, with an anti-dumping amount
E-shopthe average of all offers by more than 30%No — the offer is rejected automatically
Construction and installation worksthe price of the design and estimate documentation (ПСД) that has passed expert review by more than 2%No
Medium repair of roadsthe price of the technical documentation by more than 5%No
Routine repair of buildings, structures and roadsthe allocated amount by more than 20%No
Feasibility studies (ТЭО) and design and estimate documentation, engineering, state social order, cateringthe standard or allocated amount by more than 10%No

The Rules set no separate dumping threshold for auctions, but the starting price cannot be more than 5% below the allocated amount.

If the anti-dumping amount is not paid

A winner that fails to pay the anti-dumping amount on time is deemed to have evaded concluding the contract. The consequences:

How to avoid the low-price trap

  1. Calculate your cost including delivery, taxes and performance security — not just the purchase price.
  2. Check what this customer and your competitors closed similar lots for: a lot page on MyTender shows past procurement results, the typical discount and competitor profiles.
  3. If your price is below the threshold, set aside the anti-dumping amount in advance — it must be paid together with performance security.
  4. Check whether the procurement covers works where dumping is banned outright: a bid at such a price simply will not win there.

Before bidding, compare your price with the customer's past procurement results — on any lot page on MyTender.

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FAQ

What percentage counts as dumping in public procurement?

In an open tender (general case) and an RFQ, a price more than 10% below the allocated amount. In the e-shop, a price more than 30% below the average of all offers. Construction and certain works have their own thresholds, from 2% to 20%.

Can you win at a dumping price?

In an open tender (general case) and an RFQ — yes, if you pay the anti-dumping amount. In construction and installation works, repairs, design, expert review, engineering, the state social order and catering — no. In the e-shop, dumping offers are rejected automatically.

Sources

This article is for reference only and is not legal advice. Rules change: check the current versions of the Law and the Rules before you bid.

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