ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 2, 2013 No. 446

About approval of Rules of carrying out the tender for construction of the generating installations which are again put into operation

According to subitem 8-1) of article 4 of the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of carrying out the tender for construction of the generating installations which are again put into operation.

2. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of May 2, 2013 No. 446

Rules of carrying out the tender for construction of the generating installations which are again put into operation

1. General provisions

1. These rules of carrying out the tender for construction of the generating installations which are again put into operation (further - Rules are developed according to subitem 8-1) of article 4 of the Law of the Republic of Kazakhstan "About power industry" (further - the Law) and determine procedure for carrying out the tender for construction of the generating installations which are again put into operation.

2. In these rules the concepts provided by the Law and the following basic concepts are used:

1) the organizer of the tender - authorized body in the field of power industry;

2) the participant of the tender - potential investors who declared the participation in the tender for construction of the generating installations which are again put into operation according to these rules;

3) the tender documentation - the packet of the tender documentation on construction of the generating installations which are again put into operation containing the description and required technical, quality and utilization properties of the generating installations which are again put into operation, and the draft agreement on construction of the generating installations which are again put into operation based on the standard agreement on construction of the generating installations which are again put into operation;

4) the application for participation - the request submitted by the participant of the tender to the organizer of the tender and which is drawn up according to requirements of the organizer of the tender and these rules with appendix of set of the documents specified in Item 7 of these rules;

5) the tender - the request submitted by the participant of the tender to the organizer of the tender with appendix of technical and economic calculation;

6) technical and economic calculation - the calculation of construction cost constituted by the participant of the tender on the basis of the description and required technical, quality and utilization properties of the generating installations which are again put into operation;

7) the tender commission - the commission created by the organizer of the tender for summing up the tender.

2. Procedure for carrying out the tender for construction of the generating installations which are again put into operation

3. For covering of the predicted deficit of electric power the organizer of the tender holds the tender for construction of the generating installations which are again put into operation (further - the tender), with indication of terms of its carrying out.

4. For carrying out the tender the organizer of the tender creates the tender commission which structure and provision approves by the order.

5. The organizer of the tender develops and approves the tender documentation which contains:

1) the description and required technical, quality and utilization properties of the generating installations which are again put into operation;

2) the draft agreement on construction of the generating installations which are again put into operation.

6. The organizer of the tender no later than three working days from the date of approval of the tender documentation, but at least in thirty calendar days prior to the termination of date of submission by the participant of the tender of documents and materials for participation in the tender publishes the announcement of carrying out the tender in mass media.

7. For participation in the tender participants of the tender submits the application for participation which contains:

1) the request signed by the participant of the tender;

2) copy of the certificate on state registration (re-registration) of the legal entity;

3) copy of the identity document of the first head of the applicant;

4) copy of the charter of the legal entity;

5) the copy of the financial reporting on the last reporting date signed by the first head of the applicant or person replacing him and also the chief accountant (accountant);

6) the statement of the servicing bank about movement of money according to bank accounts of the applicant (about lack of card-index) and the credit report from credit bureau containing data on the complete or partial information which is available in credit history, not exceeding year, on the date of submission of applications for participation;

7) the reference from body of Tax Service for the place of registration accounting on availability or absence of debt on taxes and other obligatory payments in the budget the term which is not exceeding three months on the date of submission of applications for participation.

If the legal entity at the time of submission of documents is not resident of the Republic of Kazakhstan and is not registered as the taxpayer of the Republic of Kazakhstan, the copy of the certificate of lack of state registration as the taxpayer in bodies of Tax Service of the Republic of Kazakhstan is submitted.

Foreign legal entities submit the legalized documents specified in subitems 2), 4) of this Item, the legalized statement from trade or other legalized document certifying that the foreign legal entity is legal entity by the legislation of foreign state, with notarially attested transfer into the Kazakh and Russian languages.

8. The application for participation in the tender is presented by the participant of the tender to the organizer of the tender in the stitched form, with the numbered pages and the last page is certified it by the sign and seal.

9. In the request no inserts between lines, podtirka or additions are allowed unless the participant of the tender needs to correct grammatical or arithmetic errors.

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