ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of February 25, 2015 No. 144

About approval of Rules of holding open tenders of projects of environmental protection

According to subitem 38-8) of article 17 of the Ecological code of the Republic of Kazakhstan of January 9, 2007, I ORDER:

1. Approve the enclosed Rules of holding open tenders of projects of environmental protection.

2. To provide to department of environmental monitoring and information of the Department of Energy of the Republic of Kazakhstan in the procedure for the Republic of Kazakhstan established by the legislation:

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

2) the direction on official publication of its copy within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printing editions and information system of law of Ad_let;

3) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of February 25, 2015 No. 144

Rules of holding open tenders of projects of environmental protection

1. General provisions

1. These rules of holding open tenders of projects in the field of environmental protection (further - Rules) are developed according to subitem 38-8) of article 17 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 and determine procedure for holding open tenders of projects in the field of environmental protection.

2. In these rules the following concepts are used:

1) the project in the field of environmental protection - the planned action directed to achievement of particular purpose (purposes) in the field of environmental protection;

2) priorities in the field of environmental protection - the activities on environmental protection recognized the most important for urgent practical implementation.

3. For development of ecological programs by authorized body in the field of environmental protection or local executive bodies selection of projects on environmental protection by holding open tenders of projects in the field of environmental protection is made (further - projects).

2. Procedure for holding open tenders of projects in the field of environmental protection

4. Process of open tender of projects consists of the following stages:

1) approval of conditions of tender;

2) creation of tender committee;

3) the publication of the announcement in the periodic printing edition distributed in all territory of the Republic of Kazakhstan;

4) consideration and project evaluation;

5) signing of the protocol of results of tender.

5. Tender conditions for each project affirm authorized body in the field of environmental protection or local executive bodies (further - the organizer of tender).

Conditions of tender contain the requirements to projects including the purposes, terms and sales terms of projects.

6. The tender committee is created by the organizer of tender in number of at least seven people. The tender committee consists of the chairman, members of the commission and the secretary.

7. To contain in the announcement of holding open tender of projects the following data:

1) name and location of the organizer of tender;

2) conditions of carrying out tender.

8. The announcement of holding open tender is published in the state and Russian languages in the periodic printing edition distributed in all territory of the Republic of Kazakhstan not later than thirty calendar days about day of the end of acceptance of competitive offers on participation in tender.

At the same time announcements are placed on Internet resource of the organizer of tender.

9. The tender committee opens envelopes with projects in the terms and the place specified in the announcement of holding open tender of projects.

The representative of the organization which provided the project is present when opening envelopes with projects.

10. When opening envelopes with projects the tender committee announces to the present persons of the name and the location of the organizations participating in tender and names of introduced drafts.

11. The tender committee following the results of carrying out tender considers the projects provided on tender on the basis of the criteria given in appendix to these rules.

Assessment of competitive projects is carried out by summing of points by each criterion.

In case of total equality of points of two or several project offers, preference is given to the project offering the smaller predicted cost.

12. Assessment of competitive offers is carried out by tender committee within fifteen working days from the date of opening of envelopes.

13. Tender is recognized cancelled cases:

1) if on tender any project conforming to requirements of tender was not provided;

2) if by results of consideration all introduced drafts are estimated as ineffective.

14. In case of recognition of tender by the unaccomplished organizer of tender the decision on repeated carrying out tender is made.

15. By results of tender one project corresponding to conditions of tender and being the most preferable under the terms of the project is selected.

Results of tender are published in the same printing edition, as the announcement of carrying out tender.

16. The decision of tender committee is made by open voting and deemed accepted if for it the majority of votes from total quantity of the present members of tender committee is given. In case of equality of votes, accepted is considered the decision for which the chairman of tender committee voted. Any member of tender committee in case of disagreement with the solution of tender committee, expresses special opinion which states in writing and puts to the protocol of results of tender.

Appendix

to Rules of holding open tenders of projects of environmental protection

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