I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 30, 2014 No. 113

About approval of Rules of carrying out tender on the basis of open tender by determination of the carriers performing public conveyances according to socially important messages which expenses are subject to long-term subsidizing at the expense of budgetary funds

According to subitem 34-18) of Item 2 of article 14 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport", PRIKAZYVAYU:

1. Approve Rules of carrying out tender on the basis of open tender by determination of the carriers performing public conveyances according to socially important messages which expenses are subject to long-term subsidizing at the expense of budgetary funds.

2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, the direction of the copy on official publication in mass media and information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within 10 working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this order.

3. To impose control of execution of this order on the First vice-minister of investments and development of the Republic of Kazakhstan Kasymbek Zh. M.

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

 

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of October 30, 2014 No. 113

Rules of carrying out tender on the basis of open tender by determination of the carriers performing public conveyances according to socially important messages which expenses are subject to long-term subsidizing at the expense of budgetary funds

Chapter 1. General provisions

1. Rules of carrying out tender on the basis of open tender by determination of the carriers performing public conveyances according to socially important messages which expenses are subject to long-term subsidizing at the expense of budgetary funds (further - Rules) are developed according to subitem 34-18) of Item 2 of article 14 of the Law of the Republic of Kazakhstan of December 8, 2001 "About rail transport" (further - the Law) and determine procedure for carrying out tender on the basis of open tender by determination of the carriers performing public conveyances according to socially important messages which expenses are subject to long-term subsidizing at the expense of budgetary funds (further - the tender).

2. In these rules the following determinations are used:

1) financial institution - the banks of the second level, credit institutions having the corresponding license for the right of implementation of banking activity, leasing companies;

2) the lessor - the participant of the leasing transaction who by the attracted and (or) own money acquires subject of leasing in property and gives him to the leasing recipient on leasing contract clauses. Within one leasing transaction the lessor has no right to act as other her participant at the same time;

3) the tender - the request provided 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 22 of these rules;

4) authorized body - the central actuator performing management in the field of rail transport and also in limits, stipulated by the legislation the Republic of Kazakhstan, - cross-industry coordination;

5) the National operator of infrastructure - the legal entity whose controlling stock is owned by National railway company, performing operation, the content, upgrade, construction of the high-level railway net and rendering services to the high-level railway net;

6) National carrier of passengers - the legal entity determined by the Government of the Republic of Kazakhstan, rendering services in public conveyance, baggage, cargo baggage, mailings, providing implementation of the plan of forming of trains on all high-level railway net including on special and military transportations.

3. Act as organizers of carrying out the tender:

1) according to socially important interregional messages - authorized body;

2) on socially important interdistrict (long-distance, intraregional) and to suburban messages - local actuators of areas, cities of republican value, the capital.

Chapter 2. Procedure for carrying out tender

Paragraph 1. Carrying out tender

4. The tender is held in the following cases:

1) the terminations of the duration of the agreement on long-term subsidizing of the expenses of carrier connected with implementation of public conveyances according to socially important messages (further - the agreement on subsidizing);

2) early agreement cancelation about subsidizing or exceptions of socially important route of the agreement on subsidizing, except cases of lack of budgetary funds for further subsidizing of the expenses of carrier connected with implementation of public conveyances according to socially important messages;

3) determinations of the new socially important message, except as specified prolongation or reducings route according to current agreements about subsidizing.

At the same time, the tender is held on the right of implementation by carrier of public conveyances according to socially important messages and long-term subsidizing of its expenses at the expense of budgetary funds.

5. The decision on carrying out the tender is made by authorized body or local actuators of areas, cities of republican value, the capital by approval of the tender documentation according to Item 9 of these rules.

6. After decision making about carrying out the tender, through Internet resource of the organizer of the tender the corresponding announcement of carrying out the tender for form, according to appendix 1 to these rules moves (further - the announcement). The announcement moves at least in 15 calendar days prior to tender date, in case of repeated carrying out the tender - in 7 calendar days. The tender is held at least in 60 calendar days prior to the termination of terms of the signed agreements on subsidizing.

7. After the announcement of carrying out the tender the carriers wishing to take part in the tender submit tenders to the organizer of the tender according to these rules.

8. Order taking for participation in the tender is performed by the secretary of the commission by logging of registration of requests (stitched, numbered, initialed by the secretary of the commission and under seal) and comes to the end in one calendar day prior to date of opening of tenders.

Paragraph 2. Procedure for development and approval of the tender documentation

9. The tender documentation to the tender is developed and affirms the organizer of the tender and contains:

1) announcement;

2) the main conditions of implementation of public conveyances on socially important messages on form, according to appendix 2 to these rules (further - the main conditions of public conveyances) by lots;

3) the main conditions of development of public conveyances on socially important messages on form, according to appendix 3 to these rules (further - the main conditions of development);

4) the planned amount of long-term subsidizing of the expenses of carrier connected with implementation of public conveyances according to socially important messages, and limit of price increase (rates) for services in public conveyance according to socially important messages in form, according to appendix 4 to these rules (further - the planned amount of long-term subsidizing and limit of price increase) by years and lots;

5) the planned passenger turnover amount according to socially important messages taking into account trailer and through-cars in form, according to appendix 5 to these rules (further - the planned passenger turnover amount) by years and lots.

10. Lots exposed on the tender are created on the trains planned to running according to socially important messages. Lots on trailer and through-cars are created in one lot with train as a part of which their hitching the first from forming Item along the line according to the socially important message is planned. Forming of separate lot for trailer and through-cars except the international trains is not provided. At the same time in case of the organization of socially important passenger traffic within holding actions of republican scale forming of the trains planned to running according to socially important messages in one lot, except for electro-, diesel of trains is allowed.

11. Indicators in the main conditions of transportations and the planned amount of passenger turnover are created according to the Technique of determination of amounts of long-term subsidizing of expenses of the carriers performing public conveyances according to socially important messages, approved by authorized body according to subitem 34-23) of Item 2 of article 14 of the Law of the Republic of Kazakhstan "About rail transport" (further - the Technique).

12. The main conditions of development are created taking into account increase in quality characteristics of public conveyances according to socially important messages.

13. The planned amount of long-term subsidizing and limit of price increase are created within the approved budget of appropriate level.

The planned amount of long-term subsidizing and limit of price increase the next years by which the budget of appropriate level is not approved are created at the level of the last year of the approved budget of appropriate level.

14. The term of implementation of public conveyances is determined by socially important interregional messages for twenty years, except for the routes plying less than 90 (ninety) calendar days in year and also transportations on socially important interdistrict (long-distance, intraregional) and to suburban messages which term of implementation is determined by the organizer of the tender from five to twenty years.

15. The tender documentation to the tender affirms the first head of the organizer of the tender or in case of its absence, person fulfilling its duties.

Paragraph 3. Forming of the commission

16. For ensuring carrying out the tender and determination of the winner, the commission is created (further - the commission). The structure of the commission affirms the first head of the organizer of the tender or in case of its absence, person fulfilling its duties, at the same time the total quantity of members of the commission shall constitute odd number and to be at least three people. The commission is headed by the commission chairman, and in case of its absence - the vice-chairman. The secretary of the commission is not member of the commission and has no right to vote in case of adoption of decisions by the commission.

17. The commission accepts and considers tenders of participants, holds the tender and determines winners.

18. The commission chairman, and in case of its absence the vice-chairman, directs activities of the commission, presides over commission sessions, plans work and exercises general control of implementation of its decisions.

19. The organizer allows involvement of other specialists having work experience on provision of services on public conveyance on a grant basis for work as experts. The expert is not member of the commission and has no right to vote in case of adoption of decisions by the commission.

20. Experts draw the expert opinion on compliance of tenders of participants to requirements of the tender documentation, to requirements of these rules. The expert opinion is considered in case of assessment and comparison of the submitted tenders, determination of the winner. The expert opinion is drawn up in writing, signed by experts and attached to the minutes of the commission.

Paragraph 4. Requirements to carriers and the submitted documents

21. For participation in the tender the carrier shall conform to the following requirements:

1) to be the individual entrepreneur or the legal entity performing business activity in the territory of the Republic of Kazakhstan;

2) availability in the territory of the Republic of Kazakhstan registered in the procedure established by the legislation, own or used on other legal causes passenger railway vehicles conforming to requirements of technical safety for the organization of passenger traffic.

At the same time, the number of the specified passenger rail cars on types (compartment, reserved seats, general and the grandee of PMR) respectively, shall make at least 30%, and electro-, diesel of trains - 100% of the required number of cars;

3) absence of debt on taxes and other obligatory payments in the budget and to contributions to the single accumulation pension fund, except as specified, when the payment due date is delayed according to the legislation of the Republic of Kazakhstan;

4) availability of own efficient staff of workers of crews of train necessary for servicing of the corresponding socially important routes, and/or guarantee about employment of efficient staff of workers of crews of train of the carrier which was earlier servicing socially important route taking into account trailer and through-cars within normative number;

5) absence of debt more than in 3 months before the National operator of infrastructure, the operator of locomotive draft and the railway organizations rendering the service in provision of access for passengers to rooms public and reference services at stations which is saved up the last 12 months preceding tender date or the guarantees of repayment formed debts;

6) availability of turnover of own money on the accounts opened in the banks of the second level in the Republic of Kazakhstan constituting at least 5% of amount of subsidies, provided for the first year of servicing of the declared message, for the last three months preceding month of carrying out the tender.

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