of June 25, 2009 No. 178
About enhancement of the mechanism of implementation of production sharing agreements and agreements on conducting exploration works
For the purpose of implementation of the Order of the President of the Republic of Uzbekistan of March 5, 2008 "About formation of the Commission on the analysis of accomplishment by investors of investment obligations within Production sharing agreements and conducting exploration works" the Cabinet of Ministers decides No. R-2945:
1. Approve Regulations on procedure for carrying out tenders when implementing purchases of goods, works and services within production sharing agreements and agreements on conducting exploration works according to appendix.
2. Determine that when implementing personnel policy within production sharing agreements and agreements on conducting exploration works (further - agreements):
the investor has the right to apply the corporate policy on matching, hiring, dismissal, stimulation of employees of operator or other organizations created by the investor for performance of works under the agreement in the part which is not contradicting the labor law of the Republic of Uzbekistan and the Law of the Republic of Uzbekistan "About production sharing agreements";
the investor provides attraction to performance of works under the agreement of citizens of the Republic of Uzbekistan according to requirements of the legislation of the Republic of Uzbekistan and the agreement;
the specialists sent by the investor for work at the operator or in other organization created by the investor for performance of works under the agreement if the leading, organizational, administrative, control and supervising functions connected with movement of material values are assigned to them are officials and bear the material and other responsibility established by the legislation of the Republic of Uzbekistan;
compensation to the sent personnel is made by the sending investor according to the levels of the average monthly salary approved by managing committee in year for comparable positions. The economy which arose due to availability of vacancies is not subject to distribution to other sent employees of operator or transfer to the next calendar periods. In case of adoption by the investor of the decision on the establishment to the certain sent employees of the salary in the amount of which led to increase in comparison with the levels of the average monthly salaries approved by managing committee on comparable positions in year the amount of this increase is not subject to compensation;
all payments of material and non-material stimulation to the workers involved by the operator or other organization created by the investor for performance of works under the agreement are made within the corresponding budget items, approved by managing committee.
3. To the Ministry of Economics of the Republic of Uzbekistan and NHK "Uzbekneftegaz" as to authorized bodies on implementation of the signed production sharing agreements and agreements on conducting exploration works to bring, on the basis of negotiation with investors, changes and amendments in the relevant agreements and internal documents accepted by managing committee following from provisions of this resolution.
4. To impose control of execution of this resolution on the Deputy prime minister of the Republic of Uzbekistan Shaismatov E. R.
Prime Minister of the Republic of Uzbekistan
Shavkat Mirziyoyev
Appendix
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 25, 2009 No. 178
1. This Provision determines the main requirements when implementing purchases of goods, works and services in the course of conducting oil and gas transactions, including conducting exploration works within production sharing agreements and conducting exploration works (further - agreements) in the field of the oil and gas industry.
2. In this Provision the following concepts are applied:
the customer - the operator or other person authorized by the investor:
planned purchase of goods, works and services;
the given purchasing requisition of goods, works and services;
prepared specifications;
determined terms of deliveries of goods, works and services;
performing organizational and technical work on carrying out the competitive biddings;
request of commercial offers - set of the documents containing requirements to the goods, works and services which are subject of competitive selection, and the requirement to technical, commercial, organizational capabilities of the contractor (supplier);
the investor - the subject of investing activities performing investment of own, loan or raised funds (property and (or) property rights) in searches, investigation of fields and hydrocarbon production, and also his legal successors and admissible cessionaries;
qualification selection - selection of applicants for the purpose of determination of compliance of their qualification to requirements of the customer for the admission to participation in the competitive biddings. Qualification selection can be made in the form of prequalification of contractors (suppliers) or can be combined with the first stage of the competitive biddings;
the contract - the agreement (agreement) reached between the customer and the contractor (supplier) and fixed in writing, signed by the parties with all appendices and amendments to it;
the competitive list - the document which contains comparative tables of the prices and conditions represented by participants of tender. This document is constituted by commission of experts on the basis of the received competitive or commercial offers;
tender - the contractor selection procedure (supplier) for implementation of purchases of goods, works and services realized by competitive selection or the competitive biddings;
competitive selection - the procedure of the choice of the optimum contractor (supplier) of goods, the contractor and services according to the requirements and conditions stated in request of commercial offers providing comparison of the commercial offers provided by participants of competitive selection taking into account relevant requirements of the customer;
the competitive biddings - the procedure of the choice of the optimum contractor (supplier) of goods, the contractor and services according to the criteria and conditions provided in the tender documentation;
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