of March 24, 2017 No. 175
About approval of the Regulations on the tender for the right of construction of small hydroelectric power stations in the Kyrgyz Republic
(In edition of the Order of the Government of the Kyrgyz Republic of 14.06.2017 No. 377)
For the purpose of development of priority industries of economy, investment attraction, increase in hydropower potential and implementation of perspective projects in hydroenergy industry of the country, according to the laws of the Kyrgyz Republic "About power industry", "About power" and "About renewable energy resources", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:
1. Approve Regulations on the tender for the right of construction of small hydroelectric power stations in the Kyrgyz Republic according to appendix.
1. This Provision determines general terms of the organization and tendering process on the right of construction of small hydroelectric power stations (further - the tender).
2. Tenders are held on perspective alignments and objects which list affirms authorized state body on development of policy in the field of power based on recommendations of scientific and technical council under this state body.
3. The decision on carrying out and conditions of the tender is accepted by the Government of the Kyrgyz Republic.
4. When carrying out the tender the decision of the Government of the Kyrgyz Republic forms the interdepartmental tender commission (further - the Commission) as a part of at least 9 members of the commission whose number shall be odd.
5. The commission consists of the chairman, the vice-chairman, members and the secretary of the Commission. The secretary of the Commission is appointed from number of persons employed of authorized state body on development of policy in the field of power.
1) on one representative from parliamentary fractions of Jogorku Kenesh of the Kyrgyz Republic (under approval);
2) representatives of authorized body on development of policy in the field of power, state bodies of the executive authority and public institutions determined by the Government of the Kyrgyz Republic;
3) the deputy plenipotentiary of the Government of the Kyrgyz Republic in area, the head of public administration - the akim of the area or the mayor in the territory of whom the small hydroelectric power station will be located.
Persons who are heads, founders of participants of the tender or the faces consisting in the close related relations with heads, founders of participants of the tender cannot be members of the commission.
7. The commission chairman directs activities of the Commission, approves the agenda and presides over commission sessions.
8. In the absence of the commission chairman its functions are performed by the vice-chairman of the Commission.
9. The secretary of the Commission carries out work on preparation and carrying out commission session, takes the minutes of the Commission and carries out counting of votes of members of the commission during the vote. The secretary of the Commission has no right to vote in case of decision making by the Commission.
10. The commission carries out the work according to the regulations approved by it. Commission session is competent if at it there is more than a half from general structure of the Commission.
11. The decision of the Commission is made by open voting, by a majority vote from number of the members of the commission who are present at meeting.
12. In case of equality of votes the chairman's voice on commission session is decisive.
13. The members of the commission not concordant with the decision of the Commission can apply special opinion to the decision.
14. Operating part of the Commission is the authorized state body on development of policy in the field of power performing:
- organization of carrying out tender;
- preparation of the preliminary specifications;
- the publication of the announcement of the tender in the international and/or republican mass media and placement of the announcement on the website which shall contain terms, the place and requisition procedure;
- collection of the guarantee fee;
- collection for participation in the tender;
- acceptance and registration of requests;
- other functions of organizational nature connected with carrying out the tender.
15. Legal entities of the Kyrgyz Republic, and also foreign legal entities can participate in the tender. In case of determination by the winner of the tender of the foreign legal entity (before agreement signature on the right of construction of small hydroelectric power station), the winner shall form the affiliated commercial organization registered in the territory of the Kyrgyz Republic in accordance with the terms of the tender and the legislation of the Kyrgyz Republic.
16. Before the order taking expiration the Government of the Kyrgyz Republic has the right to cancel the tender. At the same time the Commission is subject to disbandment.
If after the announcement the tender did not take place, the Government of the Kyrgyz Republic has the right to disband the Commission and to announce the tender with education of new structure of the Commission.
17. The tender is carried out in two steps. At the first stage expertize of documents is carried out. At the second stage programs, offers, economic and financial opportunities of the participant of the tender and other conditions determined by the Commission are considered.
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