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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

According to part 7 of Article 11 and part 2 of article 28 of 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 tender commission on projects of public-private partnership according to appendix.

2. To the Ministry of Economics of the Kyrgyz Republic in a month:

- create the open database of implementable and potential projects of public-private partnership and approve rules of its maintaining;

- approve form of the reporting on the project progress of public-private partnership;

- take other measures following from this resolution.

3. To the state partners, whose projects will be included into the database of implementable and potential projects of public-private partnership, quarterly to represent to public institution "Center of public-private partnership" under the Ministry of Economics of the Kyrgyz Republic the report on the project progress of public-private partnership on the corresponding form of the reporting.

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 tender commission on projects of public-private partnership (further - the tender commission), and also establishes qualification requirements to her members.

2. The tender commission 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 tender commission and qualification requirements imposed to her members

4. The tender commission is created on each project of public-private partnership (further - PPP).

5. The tender commission is created and affirms the decision of the state partner, within two weeks from the date of approval of tender documents.

6. The tender commission 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 the state partner, the representative of authorized state body on coordination of projects of PPP, 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 are part of the tender commission.

8. In case of impossibility of the member of the tender commission to continue participation in its activities (including on etiology, departures/business trips), the member of the tender commission shall notify in writing in three-day time on it the state partner and the tender commission with request for the termination of his / her powers as the member of the tender commission. The termination of powers and the subsequent replacement of the member of the tender commission are made based on the decision of the state partner, 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 tender commission 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 tender commission shall:

1) personally to participate in meetings of the tender commission;

2) to be informed on the rights and obligations of the tender commission;

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