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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 21, 2020 No. 111

About some questions in the public-private partnership sphere

(as amended on 25-03-2022)

According to the Law of the Kyrgyz Republic "About public-private partnership", 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 contest committee on projects of public-private partnership according to appendix.

2.

3.

4. Bring in the order of the Government of the Kyrgyz Republic "About determination of authorized bodies in the public-private partnership sphere" of September 14, 2012 No. 616 the following change:

- state preamble in the following edition:

"For the purpose of implementation of the Law of the Kyrgyz Republic "About public-private partnership", and also effective implementation of mechanisms and development of institutional base of public-private partnership the Government of the Kyrgyz Republic decides:".

5. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About single questions in the public-private partnership sphere in the Kyrgyz Republic" of January 28, 2013 No. 39;

- the order of the Government of the Kyrgyz Republic "About approval of Rules of maintaining the register of projects of public-private partnership in the Kyrgyz Republic" of June 4, 2014 No. 307;

- Item 2 of the order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for provision of the parcel of land as urgent (temporary) use to private partners within implementation of the agreement on public-private partnership" of December 2, 2015 No. 823;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of February 3, 2017 No. 69.

6. This resolution becomes effective after ten days from the date of official publication.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix

to the Order of the Government of the Kyrgyz Republic of February 21, 2020 No. 111

Regulations on the tender commission on projects of public-private partnership

Chapter 1. General provisions

1. This Provision is developed according to the Law of the Kyrgyz Republic "About public-private partnership" and determines procedure for forming, activities and power of the contest committee by projects of public-private partnership (further - the contest committee), and also establishes qualification requirements to her members.

2. The contest committee in the activities is guided by the Constitution of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About public-private partnership", regulatory legal acts of the Kyrgyz Republic, tender documents and this Provision.

3. The terms used in this Provision are used in the values determined in the Law of the Kyrgyz Republic "About public-private partnership".

Chapter 2. Procedure for forming of the contest committee and qualification requirements imposed to her members

4. The contest committee is created on each project of public-private partnership (further - PPP), except for award of the project of PPP by direct negotiations.

5. The contest committee is created and affirms the decision of authorized body on the organization of tender within two weeks from the date of approval of competitive documents.

6. The contest committee is formed as a part of at least five, but no more than eleven people, including the chairman, the vice-chairman and the secretary of the tender commission. The number of members of the tender commission shall be odd.

7. Representatives of authorized body on the organization of tender are part of the contest committee, the representative of authorized state body in the sphere of PPP or body for coordination of projects of public-private partnership, the specialist having experience and knowledge of the corresponding infrastructure facility, the specialist in economy and (or) finance, the specialist in the field of law, the representative of local community on which the project of PPP will exert direct impact have the right to enter.

8. In case of impossibility of the member of the contest committee to continue participation in its activities (including on etiology, departures/business trips), the member of the contest committee shall notify in writing in three-day time on it authorized body on the organizations of tender and the contest committee with request for the termination of his / her powers as the member of the contest committee. The termination of powers and the subsequent replacement of the member of the contest committee are made based on the decision of authorized body on the organization of tender, no later than 5 (five) working days from receipt date of the written notice of the termination of his / her powers.

9. To members of the contest committee the following qualification requirements are established:

1) availability of documentary confirmed working experience and knowledge of specifics on the considered project of PPP at the specialist having experience and knowledge of the corresponding infrastructure facility (availability of the education document of the state sample, employment records, certificates, diplomas, letters of recommendation);

2) availability of higher education at representatives of the state partner, authorized state body, the specialist in the field of economy and (or) finance, and also the specialist in the field of law.

10. The member of the contest committee shall:

1) personally to participate in meetings of the contest committee;

2) to be informed on the rights and obligations of the contest committee;

3) to represent to the secretary of the contest committee beforehand (in 24 hours prior to the planned meeting) written explanation of the absence;

To declare 4) any potential or existing conflict of interest and the rejection to stage of approach of the procedure of consideration of qualification requests;

5) to be effective according to this Provision, competitive documents, the Law of the Kyrgyz Republic "About public-private partnership" and other regulatory legal acts of the Kyrgyz Republic in the PPP sphere.

11. Persons cannot be members of the contest committee:

1) the submitted applications for participation in the tender or which are on the staff of the participant of the tender;

2) being founders/cofounders of the participant of the tender;

3) the having property rights and (or) other interests in the introduced draft of PPP;

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