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ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 29, 2020 No. 501

About approval of Rules of access to rendering the services to airport sites which are not relating to airport activities

(as amended on 22-11-2022)

According to subitem 41-73) of Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft", PRIKAZYVAYU:

1. Approve the enclosed Rules of access to rendering the services to airport sites which are not relating to airport activities.

2. To provide to committee of civil aviation of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of the industry and infrastructure development of the Republic of Kazakhstan

B. Atamkulov

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of September 29, 2020 No. 501

Rules of access to rendering the services to airport sites which are not relating to airport activities

Chapter 1. General provisions

1. These rules of access to rendering the services to airport sites which are not relating to airport activities (further – Rules) are developed according to the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" and determine procedure for access to rendering the services to airport sites which are not relating to airport activities.

2. The main determinations and terms used in these rules:

1) the potential supplier – physical person or legal entity, service provision agreements performing business activity, applying for the conclusion with the operator of the airport on airport site, not belonging to airport activities;

2) airport site – the part of airport site intended for rendering service, not belonging to airport activities;

3) the services which are not relating to airport activities – the services rendered by physical persons and legal entities for implementation of business activity on airport site;

4) the area for provision of services, not belonging to airport activities – the part of airport site intended for rendering the services which are not relating to airport activities on the lease right (further – the area);

5) the operator of the airport – the legal entity of the Republic of Kazakhstan, and also foreign state according to the international treaties ratified by the Republic of Kazakhstan which uses the airport on the property right or other legal causes;

6) financial conditions – the area hire charge which size and conditions are provided in the tender documentation and payable to the operator of the airport;

7) tender – method of determination of suppliers for rendering the services on airport site which are not relating to airport activities;

8) tender committee – the collegiate organ created by the operator of the airport for accomplishment of the procedure of tender, provided by these rules;

9) the tender documentation – documentation submitted to the potential supplier for preparation of the bid which contains requirements to the bid, conditions and procedure of tender;

10) service provider – physical person or legal entity, performing business activity in the field of rendering the services on airport site which are not relating to airport activities.

Chapter 2. Procedure for carrying out tender

3. Subject of tender are:

the areas of the operator of the airport from 1 (one) m2 intended for objects of public catering and the automated devices of sale of food;

the areas of the operator of the airport from 15 (fifteen) m2s which are not intended for objects of public catering and the automated devices of sale of food.

4. For ensuring access to rendering the services on airport site which are not relating to airport activities, the operator of the airport holds competition. Access to rendering services in the controlled area of the airport is provided with observance of requirements of aviation safety.

Competition is held by the operator of the airport by open method subjects of entrepreneurship are allowed to participation in which.

5. Competition is held by the operator of the airport with respect for the following principles:

1) openness and publicity of carrying out tender;

2) providing to all potential suppliers of equal opportunities for participation in tender;

3) fair competition among potential suppliers.

6. For ensuring carrying out tender the tender committee (further - the commission) which structure affirms the first head of the operator of the airport or person fulfilling its duties is created of number of persons employed of the operator of the airport. The number of members of the commission shall be odd and constitute at least 5 (five) people.

The chairman, the vice-chairman and members of tender committee are part of tender committee. The commission is headed by the commission chairman, and in its absence the vice-chairman.

The operator of the airport from number of persons employed approves the secretary of the commission who is not member of the commission and has no right to vote in case of adoption of decisions by the commission.

7. Commission sessions are held as required and are competent if at least two thirds of total number of members of the commission take part in them. Members of the commission personally participate in meetings and sign protocols of commission sessions.

8. Within 5 (five) working days from the date of creation of the commission, the tender documentation affirms and the announcement of carrying out tender with appendix of the tender documentation on Internet resource of the operator of the airport with indication of the following data is placed:

1) technical specification;

2) the short description of services on which rendering tender is performed;

3) terms of the beginning and end of submission by potential suppliers of documents for participation in tender;

4) date, time and the venue of the procedure of opening of envelopes with bids;

5) the draft agreement with indication of effective period.

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