ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 28, 2013 No. 39

About single questions in the public-private partnership sphere in the Kyrgyz Republic

According to the Law of the Kyrgyz Republic "About public-private partnership in the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve enclosed:

- Regulations on the tender commission on selection of private partners in projects of public-private partnership;

- Procedure for preparation of rules of carrying out the tender and tender documentation on projects of public-private partnership in the Kyrgyz Republic.

2. Recognize invalid:

- Item 9 of the order of the Government of the Kyrgyz Republic "About measures for increase in system effectiveness of management of business entities with the state share" of July 20, 2012 No. 513.

3. This resolution becomes effective after fifteen days from the date of official publication.

Approved by the Order of the Government of the Kyrgyz Republic of January 28, 2013 No. 39

Regulations on the tender commission on selection of private partners in projects of public-private partnership

1. General provisions

1. This Provision is developed according to the Law of the Kyrgyz Republic "About public-private partnership in the Kyrgyz Republic" and determines procedure for forming, power and the organization of activities of the tender commission on selection of private partners in projects of public-private partnership (further - the tender commission).

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 in the Kyrgyz Republic", decisions of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic, and also other regulatory legal acts of the Kyrgyz Republic.

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

2. Procedure for forming of the tender commission

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

5. The tender commission is formed by the state partner after approval of the project of PPP by authorized state body.

6. The tender commission is formed as a part of at least five people. The number of members of the tender commission shall be odd.

7. The qualification requirements approved by authorized state body can be imposed to members of the tender commission.

8. The representative of authorized state body, 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.

9. Persons cannot be members of the tender commission:

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

2) being owners of the private partner participating in the tender;

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

4) having the close relatives who are owners (final beneficiaries (beneficiaries) of the private partner.

10. Members of the tender commission shall not have conflict of interest concerning the considered project of PPP about what they introduce the written confirmation to the state partner forming the tender commission.

In case of identification as a part of the tender commission of such persons, the state partner excludes them from among members of the tender commission and enters other persons.

11. Members of the tender commission sign the obligation about non-proliferation of the data received as a result of work of the tender commission.

3. Competence of the tender commission

12. Competence of the tender commission includes carrying out the tender for selection of the private partner having sufficient potential and qualification for implementation of public-private partnership.

13. The tender commission has the right:

1) to request the documents and information relating to carrying out the tender from participants of the tender, to invite them to the meetings and to hear their explanations. The documents and information provided to the tender commission by participants of the tender are confidential;

2) to involve experts and consultants who have the corresponding work experience in the sphere of PPP and (or) in the sphere in which involvement of the private partner is planned;

3) other rights according to regulatory legal acts in the PPP sphere.

14. To members of the tender commission transfer of the received documents (their copies) or information is forbidden to the third parties, including other private participating partners of the tender, or use of these documents (their copies) or information in other purposes, than assessment of the offers received during the tender. Document transfer and information to the third parties is possible only in cases, stipulated by the legislation the Kyrgyz Republic.

4. Organization of activities of the tender commission

15. Activities of the tender commission are performed on a voluntary basis.

16. The tender commission performs the activities by holding meetings.

17. The meeting of the tender commission is competent on condition of participation in it at least two thirds of all members of the tender commission. Members of the tender commission participate in meetings of the tender commission without the replacement right. The meeting of the tender commission is held by its chairman, in its absence - the vice-chairman of the tender commission.

18. Meetings of the tender commission are held openly, except for meetings at which assessment of tender offers is performed and the winner of the tender is determined.

19. The decision of the tender commission is made by a majority vote the members of the tender commission who are present at meeting.

In case of equal distribution of voices the chairman's voice at meeting is decisive.

20. Chairman of the tender commission:

1) directs activities and will organize work of the tender commission;

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