The legislation (Law 72/2015 "On Public Procurement") grants preferential treatment to domestic suppliers of goods and works. Foreign suppliers are not defined in the legislation. It is not clear if the definition of 'foreign investor' under the Investment Law would apply in this case, notably because the definition of 'foreign persons' is not homogeneous in the Kyrgyz Republic legislation (see the definition in the Investment Law and the Land Code). For the purpose of the OECD FDIRRI, it is assumed that 'foreign suppliers' also includes 'foreign legal entities' as established in the Investment Law of the Kyrgyz Republic. Hence, the preferential treatment accorded to domestic suppliers is considered a restriction under the Index.
"Article 4. Privileges granted to domestic suppliers (contractors)
1. Domestic and foreign suppliers (contractors) shall be provided with equal opportunities to participate in procurement procedures, with the exception of parts 2 and 3 of this article.
2. When purchasing goods that are produced in the Kyrgyz Republic by domestic suppliers, the procuring entity is obliged to provide discounts on the proposed price of up to 20 percent when evaluating competitive bids, provided that the necessary certificates for the goods supplied confirm the safety and quality of the products.
3. If the subject of procurement is work that can be performed by internal contractors of the Kyrgyz Republic and foreign contractors, the procuring entity must provide benefits to internal contractors in the amount of up to 20 percent, provided that the internal contractor uses at least 70 percent of local labor and at least 30 percent of local raw materials.
4. In the case of the provision of benefits to domestic suppliers (contractors), the procuring entity must provide for the amount of benefits in the tender documents and in the announcement of the upcoming tender. The published announcement of the provision of benefits in the subsequent change is not subject to.
5. In the case of providing benefits to domestic suppliers (contractors), the procuring organization, when evaluating and comparing tender applications, is guided by the methodological instruction approved by the Government of the Kyrgyz Republic.
6. In relation to suppliers (contractors) of the member states of the Eurasian Economic Union, the norms provided for by the Treaty, ratified by the Kyrgyz Republic in the manner prescribed by law, are applied.
[...]
Article 4-1. Application of national treatment in procurement
When purchasing organizations purchase goods of a foreign state or a group of foreign states, works, services, respectively performed, provided by suppliers (contractors), the national regime is applied on equal terms with goods of Kyrgyz origin, works, services, respectively performed, provided by suppliers (contractors) of the Kyrgyz Republic Republic, in cases and on the conditions provided for by this Law and international treaties that have entered into force in accordance with the procedure established by law, to which the Kyrgyz Republic is a party.[...]" (Law of the Kyrgyz Republic of April 3, 2015 No. 72 "On Public Procurement", last amended 29 November 2021 [google translated])
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Previously
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"Article 4. Benefits provided to internal suppliers (contractors)
1. Domestic and foreign suppliers (contractors) must be given equal opportunities to participate in procurement procedures, with the exception of parts 2 and 3 of this article.
2. When purchasing goods that are produced in the Kyrgyz Republic by domestic suppliers, the purchasing organization may provide discounts on the proposed price of up to 20 percent when evaluating competitive bids.
3. If the subject of procurement is work that can be performed by domestic contractors of the Kyrgyz Republic and foreign contractors, the procuring entity may provide benefits to domestic contractors in the amount of up to 20 percent, provided that the domestic contractor uses at least 70 percent of local labor resources and at least 30 percent of local raw materials and supplies.
4. In the case of providing benefits to internal suppliers (contractors), the procuring organization must provide the amount of benefits in the tender documents and in the announcement of the upcoming tender. The published announcement of the provision of benefits is not subject to subsequent changes.
5. In the case of providing benefits to internal suppliers (contractors), the procuring organization, when assessing and comparing competitive bids, is guided by the methodological instructions approved by the Government of the Kyrgyz Republic.[...]"  (Law of the Kyrgyz Republic of April 3, 2015 No. 72 "On Public Procurement", last amended 29 March 2018 [google translated])
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"CHAPTER 1 - GENERAL PROVISIONS [...]
Foreign investor - any individuals and legal entities that are not domestic investors and who make investments in the economy of the Kyrgyz Republic, including:
1) an individual who is a foreign citizen or stateless person permanently residing outside the Kyrgyz Republic;
2) legal entity:
-created and registered in accordance with the legislation of a foreign state; or
-created with foreign participation, that is, established in accordance with the legislation of the Kyrgyz Republic:
 a) wholly owned by one or more foreign individuals, legal entities; or
 b) controlled and managed by one or more foreign individuals, legal entities through a written contract, the right to sell the majority of shares, the right to appoint a majority of the members of the executive or supervisory body; or
 c) at least one third of the shares or votes of shareholders owned by foreign citizens, stateless persons permanently residing abroad, or legal entities referred to in this article;
3) a legal entity established on the basis of an international treaty of the Kyrgyz Republic;
4) a foreign organization that is not a legal entity;
5) an international organization. [...]"(Law of the Kyrgyz Republic of March 27, 2003 No. 66 "On Investments in the Kyrgyz Republic" [google translated])
Law of the Kyrgyz Republic of April 3, 2015 No. 72 "On Public Procurement", last amended 29 November 2021 [google translated]
Law of the Kyrgyz Republic of April 3, 2015 No. 72 "On Public Procurement", last amended 29 March 2018 [google translated]
Law of the Kyrgyz Republic of March 27, 2003 No. 66 "On Investments in the Kyrgyz Republic" [google translated]
[<a href="https://cbd.minjust.gov.kg/111125/edition/1153214/ru">Law</a>],[<a href="https://cbd.minjust.gov.kg/111125/edition/1153207/ru">Law</a>],[<a href="http://cbd.minjust.gov.kg/act/view/ru-ru/1190">Law</a>]