LAW OF THE KYRGYZ REPUBLIC

of July 22, 2019 No. 95

About public-private partnership

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 19, 2019

Article 1. The basic concepts used in this Law

In this Law the following basic concepts and their determinations are used:

1) the state support - the state financial support, the state economic support directed to creation of favorable and mutually advantageous sales terms of projects of public-private partnership and ensuring obligation fulfillment of the state partners in agreements on public-private partnership;

2) public-private partnership (further - PPP) - interaction of the state and private partners in questions of involvement of the private partner by the state partner to designing, financing, construction, recovery, reconstruction of infrastructure facilities, and also to management of the existing or again created infrastructure facilities and/or rendering infrastructure services;

3) the state guarantees - the guarantees provided to private partners and/or the project companies for the purpose of protection of the investments performed in projects of PPP;

4) state body on financial risk management - the state body authorized by the Government of the Kyrgyz Republic on financial risk management, connected with projects PPP;

5) state partner - The government of the Kyrgyz Republic, one or several state bodies of the executive authority, executive bodies of local self-government, the state and municipal companies and organizations, joint-stock companies, 50 and more percent of voting shares of which belong to the state;

6) the documents approved by authorized state body - managements, provisions, rules and other documents approved by authorized state body for the purpose of assistance to search, initiation, preparation and projects implementation of PPP;

7) the interested person - the individual entrepreneur, the legal entity registered according to the legislation of the Kyrgyz Republic or the legislation of foreign state, consortium, interested in participation in the tender and/or project initiation of PPP;

8) request of qualifications for participation in the tender - the document developed, approved by the state partner and including:

a) project description of PPP;

b) qualification requirements to participants of the tender;

c) minimum requirements to the project of PPP;

d) evaluation criteria and selection of the private partner;

e) term for submission of applications for participation in qualification selection;

e) other information establishing requirements to participants of the tender and/or the project of PPP;

9) request for proposals for participation in the tender - the document developed and approved by the state partner, containing requirements to technical and financial proposals of participants of the tender;

10) infrastructure services - works and/or services of social, economic or production appointment, including work and/or services provided with use of infrastructure facility and/or on servicing of infrastructure facility;

11) infrastructure facility - the property or property complex of social, economic or production appointment which are in the state-owned, municipal or private property;

12) consortium - the temporary consolidation of two or more individual entrepreneurs and/or legal entities created for joint participation in the tender, which does not have the status of the legal entity and acting on the basis of the agreement or other document;

13) the large project of PPP - the project of PPP in which expected investments constitute the amount equal or more than 1 billion som;

13-1) small project of PPP - the project of PPP in which expected investments constitute the amount equal or less than 70 million som;

14) the minimum requirements to the project of PPP - the minimum mandatory requirements of technical, operational, commercial and other nature necessary for project implementation of PPP;

15) the official website of PPP - the website determined by authorized state body;

16) the offer on project initiation of PPP - the document including:

a) project description of PPP;

b) purposes and tasks of project implementation of PPP;

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