Procurement Policy

  1. Introduction

This Corporate Procurement Policy Summary has been prepared to assist the vendor community in understanding how to do business with LLP “Ansa Silicon”, hereinafter written as “the Company”.

The Company is carrying out a Green field technical silicon metal production plant project of 35000 mt per year capacity at Ekibastuz city, Republic of Kazakhstan

 

  1. Corporate Procurement Division

The Company spends for goods, services, works and consulting services for its own requirements to support the Company’s project operations. Most of the Company’s procurement is handled directly by the Company’s Commercial Department (“Corporate Procurement”).

The goal of corporate procurement is to obtain the best overall value for the company through an open and competitive process that is fair and transparent. Depending on the needs of the Company, Corporate Procurement formally solicits bids and offers from suppliers or, in some cases, issues purchase orders without an official tender.

The Company’s procurement process reflects its commitment to fair labor practices, appropriate wages and benefits, safety, environmental programs, and the diversity of its suppliers. Our Procurement Policy governs all procurements made for, or on behalf of, the Company.

 

  1. Authorities

3.1. Corporate Procurement has the functional authority for the Company’s corporate procurement. Corporate Procurement exercises its authorities by setting policies, procedures, and standards designed to provide an appropriate balance between the institutional requirements and the needs of the business managers.

Corporate Procurement staff have the authority to send RFQs, IFBs, RFPs and negotiate terms and conditions on behalf of the Company contracts, purchase orders, agreements and other instruments associated with the purchase, sale or disposal of goods and services.

3.2. Supplier may not commence work or deliver goods until a formal Purchase Order, agreement or contract has been issued by the Company. The supplier bears independent responsibility and risks for the commencement of works, services or goods provided by the supplier prior to the issuance of a Purchase Order approved by the Company or a contract.

 

  1. Vendor Selection

4.1. Vendors must meet the Company’s standards related to product/service quality, delivery systems, price, and service objectives. Some of the more important vendor attributes the Company considers in supplier selection are performance history, facilities and technical strength, financial status, organization and management, reputation, systems, data and information security, privacy policy, risk management, procedural compliance, communications, labor relations, environmental performance, diversity achievements and location.

4.2. The company will review and process suppliers that have been selected to supply goods or services through a competitive process or contract with a single supplier. The company sends an email requesting the necessary information and documents to suppliers             .

4.3. Completion of a Vendor selection does not guarantee a Vendor will be approved as a Company Registered Vendor.

4.4. At the Company, a Vendor is defined as:

  1. A legal entity is defined as an organization that was created or registered as a company (corporation, company / limited liability company, partnership) that was created to offer goods and / or services for the purpose of making a profit.
  2. A Sole Proprietor/ Independent Contractor is defined as a person engaged in a business as either a ‘self-employed individual’ (an individual in business for himself or herself and is self- employed), or as a ‘sole proprietor’ (an individual in business for himself or herself and who is the only owner of the unincorporated trade or business).

4.5. Vendor eligibility is measured by reviewing vendor applications against the following Vendor Registration Criteria:

  1. A legal entity or an individual entrepreneur can demonstrate that it has offered and is offering goods / services under its brand name for at least ten years or at the discretion of the Company.
  2. The Vendor has multiple business clients and the financial capacity to provide the goods and/or services. The financial capacity will be assessed by comparing the vendor’s revenues to the value of the proposed contract(s).
  3. The supplier has the right to carry out activities legally in the Republic of Kazakhstan and in the country where it is registered and where work must be performed or goods delivered.
  4. Consistent with the Company’s policy, Vendors debarred from contracting with the Company, and companies listed on anti-money laundering/combating the financing of terrorists sanctions lists are ineligible to be Company vendors and to receive Company contract awards.

4.6. Company Policy Restrictions Related to Current and Former Company Staff and their Close Relatives

  1. The Company’s policies apply to current and former Company staff, including but not limited to Short Term Consultant (STC), Short Term Temporary (STT), Extended Term Consultant (ETC), Extended Term Temporary (ETT), Junior Professional Associate (JPA), Local Staff, Regular, Open-Ended, Term, Executive Director Assistant and Special Assignment appointments.
  2. These policies provide certain restrictions related to vendor eligibility and the eligibility of current and former Company staff from performing services for the Company. Vendors are required to notify the Company of any current Company staff that they are proposing to provide services under a contract with the Company.
  3. Current employees of the Company are not eligible to be suppliers of the Company or subcontractors to suppliers of the Company, whether they are sole proprietors or independent contractors.
  4. Vendors must notify Corporate Procurement of any real or perceived conflicts of interest, including affiliation with current Company employees and their immediate family members..

4.7. The Company, at its sole discretion, reserves the right to remove a Vendor from the Company’s Vendor File. Reasons for removing a Vendor from the Vendor File could include:

  1. Vendor no longer meets the Vendor Eligibility criteria
  2. Vendor File is inactive or information is out of date
  3. Vendor’s unsatisfactory performance under a Company contract

4.8. Only responsible vendors are eligible to receive Company contracts. Vendors found to be non- responsible may be excluded from future contract awards.

 

  1. Business Ethics

5.1. The procurement activities of the Company are carried out flawlessly, with complete impartiality and without any preferences. Company personnel will not demand or accept, directly or indirectly, any thanks, gifts, services, entertainment, loans or anything of monetary value from anyone who: (a) has or seeks to enter into an agreement with the Company; or (b) has interests that could be materially affected by the award of a procurement contract.

5.2. The Company’s vendors and their employees are expected to abide by the highest ethical, legal and moral standards in all business relationships. As such, all vendors are obliged to respect the Company’s policy and refrain from placing Company staff in an ethical dilemma by offering entertainment, hospitality or gifts.

 

  1. Vendor Integrity Policies

6.1. Vendors must comply with the following integrity documents:

  1. Information Security Policy for Contractors
  2. Security, Fire and Safety Regulations for Contract Employees

 

  1. Source Selection

7.1. The company promotes open competition through a procurement process using various traditional RFP tools such as requests for quotations, invitations to tender, requests for proposals, etc. The purchases made by the Company go through a competitive selection process whenever possible.

7.2. The Company’s contract terms and conditions are posted in the Company’s RFQs, IFBs and RFPs

7.3. Vendors must meet all eligibility requirements and provide all required documentation.

 

  1. Solicitation Process

8.1. Best Value

The Company bases procurement decisions on best value. Best value is defined as the outcome that provides the optimal combination of elements such as lowest total cost of ownership; technology, innovation and efficiency; assurance of supply; quality; and other factors relative to the Company’s needs. When sourcing, the best value is generally achieved through competition.

8.2. Procedures and types of requests for proposals.

The sales department prepares and sends out invitations to potential suppliers through invitations or advertisements. The invitation may include, depending on the purchased goods and services, specifications or schedule of work, price list, questionnaire, proposed contract terms, evaluation criteria and any other necessary information. RFQs for multi-year contracts may require respondents to submit financial statements for the previous two years in order to determine the financial position / stability of the respondents. All requirements must be clearly stated in the invitation text, and all must be specifically addressed by the bidder.

8.3. Business Opportunities

Corporate Procurement’s solicitation methodologies are consistent with the industry norms for the goods and services and the need for adequate competition. Company procurements are open to competition from vendors in all countries, subject to the competitors being eligible and legally able to conduct business in the country of performance/delivery. Opportunities may be by invitation to a sufficient number of vendors to ensure adequate competition,

8.4. Exceptions to Competition

It is the Company’s policy to procure goods or services through a competitive process to the maximum extent possible. However, instances arise when a noncompetitive procurement selection is justified.

 

  1. Bids and Proposals

9.1. Submission of quotations/bids/proposals is to be in accordance with the instructions contained in the solicitation document.

9.2. Rejection of Quotations/Bids/Proposals

9.2.1. The Company at its sole discretion reserves the right to reject any quotation, bid or proposal without recourse. Quotations/bids/proposals may be rejected for the following reasons:

  1. Quotations/bids/proposals were received past the due date and time as specified in the solicitation document.
  2. The Procurement Officer determines the total quotation/bid/proposal price or prices for individual line items to be unreasonable or unbalanced.
  3. When a bid guarantee is required and the bidder fails to furnish the guarantee in accordance with the bid requirements.
  4. Quotations/bids/proposals received are not responsive to the content of the solicitation.
  5. The solicitation has been cancelled for Company business reasons.

9.3. The Company, at its sole discretion, reserves the right to request substantiation or clarification for any or all information received, and to ask for interviews with the management staff of bidders/offerors when necessary.

9.4. The Company, at its sole discretion, reserves the right to cancel a solicitation without recourse, at any time during the solicitation and evaluation process and prior to contract award.

 

  1. Environmentally Responsible Procurement

10.1 To increase the development and awareness of environmentally responsible procurement (ERP), the acquisitions of goods and services will ensure that, wherever possible, specifications are written to provide for the expanded use of environmentally preferred products such as: durable products, reusable products, energy-efficient products, low-pollution products, products (including those used in services) that contain the maximum level of post-consumer waste and/or recyclable content, and products that in any other way have a minimal harmful impact on the environment.

10.2 The Company’s policy on Environmentally Responsible Procurement will be reflected in solicitations issued by Corporate Procurement as determined appropriate by Corporate Procurement. Applicable evaluation criteria will be included in the technical evaluation and considered in the cost analysis of all quotations, bids, and proposals received in determining the successful bidders/offerors.

10.3   It is recognized that cost analysis is required to ensure that the products are made available at competitive prices, and that the environmental benefits provided by a product or service do not undermine its overall performance. Given that many environmentally preferred products and services can produce a variety of tangible benefits, full consideration should be given to the long-term and complete costs and benefits of environmentally responsible procurement.

 

  1. Contract Award

11.1 Basis for Award

Following a selection process, the vendor is selected in accordance with the basis for the award as specified in the solicitation, and as described below:

  1. A Procurement Officer determines whether the vendor selected for award is responsible. A responsible vendor is defined as one with the operational capacity, capability, and willingness to successfully complete the contract. In making this determination, the Procurement Officer considers various elements including financial stability, financial ratios, the location and operating capacity of the vendor’s plant and personnel, and the effect of other financial and resource commitments, as well as the vendor’s experience, past performance, and history of adherence to ethical business practices.
  2. A Procurement Officer determines, based on reasonable knowledge of the commodity and market conditions, that the price quote/offer is fair, reasonable, and balanced. Reasonable pricing will be determined by comparison of the proposed bid/proposal price with: recent previous purchases; current price lists; catalogues; advertisements; and similar industry benchmarks.

11.2   Notice of Award

The selected bidder/offeror will receive notice of the award and the Company contract will be issued in accordance with the solicitation requirements.

11.3   Contracting Instruments

Company purchase obligations are executed in the form of written agreements that establish binding legal relationships obligating the vendor/contractor to furnish goods, works, services, or data and obligating the Company to pay for them. Examples of contracting instruments used by the Company are as follows:

11.3.1 Purchase Orders: a template form contract that is issued subject to the Company’s commodity specific General Terms and Conditions.

11.3.2 Contracts: written commitments between the Company and vendors based on a set of agreed- upon terms and conditions.

11.4   Acceptance

Acceptance of the contract or purchase order by the supplier constitutes his agreement to continue execution. Company rules do not allow oral contracts, with the exception of cases provided for by the Legislation of the Republic of Kazakhstan; therefore, suppliers are not allowed to continue deliveries or begin work prior to the issuance of a written contract or purchase order approved by the Company. In addition, all changes or modifications to the contract must be in writing and fully complied with by both parties.

 

  1. Contract Administration

12.1   The Company’s Commercial Department has the responsibility to monitor contractor performance through meetings, reports, and inspection in order to ensure contract compliance. The Contract Manager must also require deliverables for all services and document contractor performance.

12.2   Changes to the contract will only take effect after the purchasing officer has issued a written change to the contract, which will be accepted and signed by the supplier.

12.3   Payment to Vendors

12.3.1 Vendors must immediately provide the Company with invoices in accordance with the instructions in the contract and the requirements of the Legislation of the Republic of Kazakhstan.

12.3.2 Upon receipt of proper invoices, the Company will pay Vendors at the prices/rates stipulated in the contract, for goods delivered and accepted or services delivered or rendered and accepted, minus any deductions or discounts provided for in the contraPolicies