of November 25, 2015 No. 724
About approval of the standard tender documentation of the project of public-private partnership and the standard agreement of public-private partnership on methods of implementation of public-private partnership in separate industries (spheres) of economy
According to the subitem 7) article 20 of the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership" PRIKAZYVAYU:
1. Approve:
1) the Standard tender documentation of the project of public-private partnership according to appendix 1 to this order;
2) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in separate industries (spheres) of economy according to appendix 2 to this order;
3) the Standard tender documentation of the project of public-private partnership in education (kindergarten) according to appendix 3 to this order;
4) the Standard tender documentation of the project of public-private partnership in the sphere of housing construction (housing estate) according to appendix 4 to this order;
5) the Standard tender documentation of the project of public-private partnership in the sphere of housing and communal services (network of street lighting) according to appendix 5 to this order;
6) the Standard tender documentation of the project of public-private partnership in health sector (medical out-patient clinic) according to appendix 6 to this order;
7) the Standard tender documentation of the project of public-private partnership in the sphere of physical culture and sport (sports and improving complex) according to appendix 7 to this order;
8) The standard tender documentation of the project of public-private partnership in health sector (polyclinic) according to appendix 8 to this order;
9) the Standard tender documentation of the project of public-private partnership in education (the hostel of the organization of education) according to appendix 9 to this order;
10) the Standard tender documentation of the project of public-private partnership in the sphere of transport (bus station) according to appendix 10 to this order;
11) the Standard tender documentation of the project of public-private partnership in the sphere of environmental protection (waste recycling plant with the ground) according to appendix 11 to this order;
12) the Standard tender documentation of the project of public-private partnership in the sphere of agricultural industry (the service and procurement center) according to appendix 12 to this order;
13) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in education (kindergarten) according to appendix 13 to this order;
14) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in the sphere of housing construction (housing estate) according to appendix 14 to this order;
15) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in the sphere of housing and communal services (network of street lighting) according to appendix 15 to this order;
16) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in health sector (medical out-patient clinic) according to appendix 16 to this order;
17) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in the sphere of physical culture and sport (sports and improving complex) according to appendix 17 to this order;
18) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in health sector (polyclinic) according to appendix 18 to this order;
19) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in education (the hostel of the organization of education) according to appendix 19 to this order;
20) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in the sphere of transport (bus station) according to appendix 20 to this order;
21) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in the sphere of environmental protection (waste recycling plant with the ground) according to appendix 21 to this order;
22) the Standard agreement of public-private partnership on methods of implementation of public-private partnership in the sphere of agricultural industry (the service and procurement center) according to appendix 22 to this order.
2. To provide to department of budget investments and development of public-private partnership in the procedure established by the legislation:
1) 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 its direction on official publication in periodic printing editions and in information system of law of Ad_let;
3) placement of this order on official Internet resource of the Ministry of national economy of the Republic of Kazakhstan.
3. To impose control of execution of this order on the First vice-minister of national economy of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Acting minister of national economy of the Republic of Kazakhstan
M. Kusainov
Appendix 1
to the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 725
____________________________________
(specify full name of the Organizer of tender
and First name, middle initial, last name (in the presence) official,
approved this tender documentation)
Solution No. ____________
from "___" _________ 20 __ years
"Is approved"
Minister of national economy
Republic of Kazakhstan
________________________________________
(it is specified in the cases provided
subitem 4) article 20 of the Law)
"Is approved"
Minister of Finance of the Republic of Kazakhstan
______________________________________
(it is specified in the cases provided
subitem 3) article 21 of the Law)
Name of the project of public-private partnership
_______________________________________________________________
(specify the name of the project of public-private partnership)
Location of object of public-private partnership
_____________________________________________________________________
(the location of object of public-private partnership is specified)
State partner
______________________________________________________________________
(specify full name, the location of the state partner, BIN, bank details)
Organizer of tender
______________________________________________________________________
(specify full name, the location of the organizer of tender, BIN, bank details).
Cost of packet of the tender documentation
______________________________________________________________________
(specify the cost of the tender documentation in tenge or if collection of payment for provision of the tender documentation not
it is provided, this Item needs to be stated in the following edition: "The tender documentation is provided free of charge.").
1. This tender documentation on carrying out _____________________ (the tender type is specified) on (to specify the name of the project of public-private partnership) (further – the tender documentation) it is developed for the purpose of provision to potential private partners of the complete information about conditions of their participation in tender.
2. Competition is held for the purpose of determination of the private partner for project implementation of public-private partnership _____________________ (to specify the name of the project of public-private partnership) (further – the project of PPP).
3. The complete description of the project of PPP is specified in appendix 1 to this tender documentation.
4. Individual entrepreneurs, particular partnerships, consortia or legal entities, except for persons acting as the state partners (further – potential private partners) according to the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership" can participate in tender (further – the Law).
5. The organizer of tender creates the contest committee by determination of the private partner according to the legislation on public-private partnership (further - the Commission).
6. The copy of the tender documentation is submitted the organizer of tender from the date of publication of the announcement of carrying out tender to the potential private partner (his authorized representative) on the paper or electronic medium (at the request of the potential private partner).
7. This tender documentation contains the following information:
1) requirements to the documents confirming compliance of potential private partners to imposed qualification requirements;
2) location of object of public-private partnership;
3) expected types and amounts of the state support, and also sources of cost recovery and receipt of the income on the project of public-private partnership;
4) the draft agreement of public-private partnership (it is represented appendix to the tender documentation);
5) description of criteria of determination of the best bid;
6) specifying of currency (currencies) in which parameters of the project of public-private partnership, and currency rate (currencies) which will be applied to reduction to common currency for the purpose of their comparison and assessment shall be expressed;
7) requirements to language of submission of the bid;
8) specifying on the right of the potential private partner to change or withdraw the bid before the expiration of submission of bids;
9) contents of the bid, method, place, term of representation and action of bids, and also conditions of introduction of providing bid;
10) methods of receipt of explanations on contents of the tender documentation of the project of public-private partnership;
11) procedures, the place, date and time of opening of envelopes with bids.
8. Persons who received the tender documentation if necessary make inquiry to the organizer of tender about explanation of provisions of the tender documentation, but no later than 30 (thirty) calendar days before the expiration of final term of submission of bids. When carrying out repeated tender of person, data on which are entered in the magazine of registration of persons who received the tender documentation if necessary, make inquiry about explanation of provisions of the tender documentation, but no later than 15 (fifteen) calendar days before the expiration of final term of provision of bids.
The organizer of tender within 3 (three) working days from the date of registration of request directs the answer to it and without specifying from whom the request arrived, tells such explanation to all potential private partners to whom the organizer of tender submitted the tender documentation.
9. The organizer of tender can no later than 20 (twenty) calendar days before the expiration of final term of submission of bids on own initiative in time or in response to request of the potential private partner to make changes and (or) additions to the tender documentation by execution of the protocol, and when carrying out repeated tender – in time no later than 10 (ten) calendar days.
The organizer of tender no later than 1 (one) working day from the date of decision making about modification and (or) amendments in the tender documentation represents the text of the made changes and (or) additions to the tender documentation to all potential private partners. At the same time the term of submission of bids is prolonged by the organizer of tender for term 30 (thirty) at least calendar days for accounting by potential private partners of these changes and (or) amendments in bids, and in case of repeated tender for the term of at least 15 (fifteen) calendar days.
10. The organizer of tender if necessary holds meeting with potential private partners for explanation of the tender documentation. At the same time the organizer of tender constitutes the protocol containing the requests provided during the meeting about explanation of the tender documentation without specifying of their source and also responses to these requests.
No later than 1 (one) working day from the date of registration and signing of the protocol on explanation of provisions of the tender documentation the organizer of tender sends to the Commission, and all potential private partners to whom the organizer of tender submitted the tender documentation, the copy of the specified protocol.
11. If the meeting with potential private partners in explanation of provisions of the tender documentation did not take place because of their absence or their authorized representatives in the date and time of meeting appointed by the tender documentation, the organizer of tender within 1 (one) working day from the specified date in writing notifies the Commission on such fact.
12. Representation by potential private partners of the documents confirming their compliance to imposed qualification requirements is performed to ____________ (the method, the place, term of submission of documents is specified).
13. The potential private partner to its qualification requirements submits to confirmation of conformity to the organizer of tender the following documents: ____________ (documents (requirements) provided by procedure for planning and projects implementation of public-private partnership, approved by the central authorized body on state planning (further - the Procedure are specified).
14. Qualification selection is performed in the following procedure:
____________ (procedures of qualification selection according to Procedure are specified).
In case of detection of discrepancy to requirements to the documents confirming compliance of potential private partners to imposed qualification requirements, the organizer of tender notifies the potential private partner on elimination of the revealed discrepancies ____________ in time (the term, but is specified no more than 10 (ten) calendar days).
From the date of the direction of the notification and before submission of the relevant documents terms of carrying out qualification selection stop.
The potential private partner who submitted the relevant documents after the term established in the notification are recognized not undergone qualification selection.
15. Potential private partners from the register of potential private partners created by National chamber of entrepreneurs without carrying out qualification selection are allowed to tender by determination of the private partner with use of the simplified competitive procedures.
16. The bid is drawn up in writing in form according to appendix 2 to this tender documentation and includes:
________________________ (to specify contents of the bid).
17. The bid and all related correspondence and documentation submitted by potential private partners is submitted on _________________ (language (languages) of submission of the bid is specified).
18. The sums of money specified in the bid and also parameters of the project of PPP, are expressed in _________________ (to specify currency in which the amounts are expressed).
19. The bid is submitted potential private partners in the following procedure:
The bid is submitted potential private partners before the expiration of final term of their representation in the stitched type, with the numbered and initialed pages, the last page is certified by the sign and seal (for physical person if that is available), of sealed "envelope", with indication of full name and the postal address of the potential private partner (for the purpose of return of the bid which is not opened if it is not submitted in time), full name and the postal address of the organizer of tender, the name of tender, and also the text of the following content: "The BID of TENDER ON _________________ (the name of tender is specified)" and "NOT OPEN TO: _________________ (date and time of opening of bids is specified)".
20. The envelope with the bid provided after the expiration of fixed term is not registered in the magazine of registration of bids, not opened and returns to the potential private partner.
21. The organizer of tender accepts envelopes with bids _________________ (to specify method, the place, term of submission of bids).
22. Organizer of tender:
1) is checked by availability of documentary confirmation of powers of the representative of the potential private partner who provided envelope with the request on behalf of the potential private partner;
2) accepts properly drawn up envelopes with bids and brings in the magazine of registration of bids;
3) accepts changes and amendments to the introduced bid before the expiration of final term of provision of bids;
4) is provided by return of the bid, in case of its response before the expiration of final term of provision of bids.
23. The bid of the potential private partner is subject to variation in cases when:
1) the potential private partner earlier submits the bid on participation in this tender;
2) the bid arrived after the expiration of acceptance of tender bids on participation in this tender.
24. The potential private partner no later than the termination of term of submission of bids can:
1) to change and add the introduced bid;
2) to withdraw the bid, without losing the right to return of the providing the bid brought by it.
Changes are not made to bids after the expiration of final term of their representation.
The changed bid is submitted potential private partners before the expiration of final term of submission of bids in the stitched type, with the numbered and initialed pages, the last page is certified by the sign and seal (for physical person if that is available), of sealed "envelope", with indication of full name and the postal address of the potential private partner (for the purpose of return of the bid which is not opened if it is announced by "late"), full name and the postal address of the organizer of tender, the name of tender, and also the text of the following content: "The CHANGED BID of TENDER ON _________________ (the name of tender is specified)" and "NOT OPEN TO: _________________ (date and time of opening of bids is specified)".
In case of decision making by the potential private partner about withdrawal of the bid, to the organizer of tender the notification on withdrawal of the bid which is drawn up in any form addressed to the organizer of the tender signed by the potential private partner and under seal (for physical person goes if that is available).
In case of response the potential private partner of the bid before the expiration of final term of submission of bids, the organizer of tender returns to the potential private partner the providing brought by it within three working days from the date of receipt of the notification on withdrawal of the bid.
25. Effective period of the bid submitted by potential private partners shall be at least _________________ (aggregate term of action of the bid in calendar days is specified) from the moment of opening of bids.
26. Providing the bid is brought by the potential private partner as guarantee that he:
Will not withdraw 1) or will not change and (or) will not add the bid after the expiration of submission of bids;
2) will sign the agreement of public-private partnership in case of determination by his winner of tender.
27. Providing the bid on participation in tender is brought in the amount of one tenth percent from the cost of expected investments on the agreement of public-private partnership.
28. The potential private partner can choose one of the following types of providing the bid:
1) guarantee money contribution which is deposited to account, provided by the budget legislation of the Republic of Kazakhstan for organizers of tenders;
2) bank guarantee.
Making by the potential private partner of the actions leading to origin at the third parties of right to claim in general or in part on the brought guarantee money contribution before expiration of its bid is not allowed.
Use by the organizer of tender of the guarantee money contribution brought to potential private partners, except for the actions specified in Item 29 of this tender documentation is not allowed.
29. Providing the bid does not return the organizer of tender in case of approach of one of the following cases when:
The potential private partner withdrew 1) or changed and (or) added the bid after the expiration of final term of submission of bids;
2) the potential private partner determined by the winner of tender evaded from the conclusion of the agreement of public-private partnership.
30. In case of approach of one of cases, stipulated in Item the 29th this tender documentation, the amount of providing the bid is credited in the income of the relevant budget.
31. The organizer of tender returns to the potential private partner the providing the bid brought by it within three working days from the date of approach of one of the following cases:
1) response this potential private partner of the bid before the expiration of final term of submission of bids;
2) signings of the protocol on the admission to participation in tender. The specified case does not extend to the potential private partners recognized as participants of tender;
3) signings of the protocol on tender results by determination of the private partner. The specified case does not extend to the participant of the tender determined by the winner of tender;
4) entries into force of the agreement of public-private partnership;
5) expirations of the bid of the potential private partner.
32. Consideration and selection of bids are performed by the Commission taking into account the following criteria:
_________________ (the list of criteria according to Procedure is specified).
Concerning the specified criteria the following parameters are set: _________________ (concerning each criterion are specified initial numerical value of criterion; reduction or increases in initial value of criterion; the weight coefficient considering the importance of criterion of tender).
For assessment of criteria the following methods are established:
_________________ (methods of assessment of the established criteria are specified).
33. The commission opens envelopes with bids _________________ (the place, date and time of opening of envelopes with bids is specified) in the presence of simple majority of the Commission, the authorized representative of the organizer of tender (the state partner), and also potential private partners or their authorized representatives.
The organizer of tender allows modification of the tender documentation about the place, time and date of opening of bids in case of lack of most the Commission or the decision of the Commission chairman or replacement his face.
The made changes are binding, and is without delay reported about them to all potential private partners to whom the organizer of tender submitted the tender documentation, and also to the members of the commission interested to state bodies and the organizations including authorized body on state planning.
The organizer of tender informs all interested persons on the above-stated changes through _________________ (the Internet resource, (web portal) or other electronic method is specified).
34. Working body of the Commission is the organizer of tender.
35. All bids are considered by the commission.
If only one bid is submitted, this request is considered by the contest committee according to part one of this Item.
36. The protocol of opening of envelopes with bids is signed and is polistno initialed by the chairman and all attendees at meeting members of the commission, and also the secretary of the Commission.
37. The copy of the specified protocol goes to the potential private partners or their authorized representatives who were present at commission session on opening of envelopes with bids, no later than 2 (two) working days following behind day of the specified commission session, and absent – by their written request in time, no later than 2 (two) working days from the date of receipt of request.
38. The commission considers bids and makes the decision on the admission of potential private partners to participation in tender (recognizes as participants in tender) within 10 (ten) calendar days from the date of opening of envelopes with bids taking into account results of qualification selection.
The protocol on the admission to participation in tender is signed no later than 2 (two) working days from the date of decision making about the admission of potential private partners to participation in tender (recognition by participants of tender), is polistno initialed by all attendees at meeting members of the commission, and also the secretary of the Commission. The expert opinion or special opinion of the member of the commission, special opinion of the expert (the member of commission of experts) can be in the presence attached to the protocol on the admission to participation in tender.
For the purpose of refining of the data containing in bids, the Commission in writing requests necessary information from the relevant state bodies, physical persons and legal entities. Within 5 (five) working days from the moment of opening of bids by the Commission by Working body the Protocol of the preliminary admission to participation in tender in case of identification by the Commission of the potential private partners who are not conforming to qualification requirements and requirements of the tender documentation regarding lack of required documents or their corresponding registration (formal signs) is in case of need constituted.
The protocol of the preliminary admission to participation in tender contains the following information:
the list of the potential private partners who are not conforming to qualification requirements and requirements of the tender documentation and also the list of documents which the potential private partner needs to provide and bring into accord with qualification requirements and requirements of the tender documentation for reduction of the bid in compliance with qualification requirements and requirements of the tender documentation;
final term of submission of documents.
The copy of the preliminary protocol of the admission to participation in tender goes the secretary of the Commission or Working body of the Commission to potential private partners in day of signing.
Documentation submitted after fixed term is not accepted.
39. Consideration of bids without carrying out commission session is not allowed.
At the same time the decision of the Commission on recognition of such bid of the best is cancelled and among other bids introduced on this tender, the best bid anew is chosen.
to the Tender documentation
Form
|
Project description of PPP | |
|
Name of the project of PPP |
full name of the project of PPP is specified |
|
Short project description of PPP |
the essence of the project of PPP is specified |
|
State partner |
the name, the address, details, contact information of the state partner are specified |
|
Object of PPP |
Object of PPP according to determination of the subitem 13) of article 1 of the Law is specified |
|
Location of object of PPP |
the place of project implementation of PPP (the address or the description of location) is specified |
|
Terms and stages of project implementation of PPP |
terms and stages of project implementation of PPP are specified |
|
Project cost of PPP |
project cost of PPP is specified |
|
Types and amounts of the state support |
types and amounts of the state support are specified |
|
Sources of cost recovery and receipt of the income |
sources of cost recovery and receipt of the income are specified |
|
Contact information |
surname, the name, middle name (in the presence), position, contact telephone number and the address (addresses) of e-mail of the organizer of tender are entered |
to the Tender documentation
Form
Bid
Having considered the tender documentation on ______________________________________________
(the name of tender is specified),
present ____________________________________________________
(the potential private partner is specified)
suggests to fulfill obligations of the private contractual partner of PPP according to this bid.
This bid is effective ______________________________________________
(bid effective period is specified).
In case of recognition of our bid which won we undertake to draw up and sign the agreement of PPP without clauses and the limiting conditions in accordance with the terms of the tender documentation.
As guarantee that we will not withdraw or we will not change and (or) we will not add the bid after the expiration of the submission of bids specified in the tender documentation and we will sign the agreement of public-private partnership in case of determination us by the winner of tender we bring providing the bid in the amount of _________________ (the amount of providing the bid in tenge is specified).
As providing the bid us it is chosen:
_________________ (the type of providing the bid according to item 4 of article 39 of the Law is specified).
We confirm that information provided in this bid is reliable.
The following documents are attached to this bid:
_________________ (the documents attached to the bid are specified).
_________________________________________________________
(signature, full name and position of the authorized person of the potential private partner, seal (in the presence)
______________________
(place and date of submission of the bid).
Appendix 2
to the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 724
_____________________________________ (to specify the city of signing) "___" to _________ 20 __ (to specify date of the conclusion) ________________________________________ (to specify the state partner) on behalf of, ___________________________________ (to specify position, First name, middle initial, last name (in case of its availability) the authorized person) acting on the basis of the __________________________________ (to specify the name and details of the document of the establishing power of the person) the hereinafter referred to as State partner, on the one hand, and ________________________________________________, (to specify legal, physical person, etc.) on behalf of, ______________________________, (to specify position, First name, middle initial, last name (in case of its availability) the authorized person) acting on the basis of the _________ (to specify the name and details of the document, ___________________________ the establishing power of the person) the hereinafter referred to as Private partner, on the other hand, further jointly referred to as with the Parties, separately – the Party, according to the solution of the contest committee ______________________ (to specify full name of the commission) or following the results of direct negotiations (The protocol of negotiations) from "___" __________ 20 __ No. ______ signed the Agreement of public-private partnership.
1. In this Standard agreement of public-private partnership on methods of implementation of public-private partnership (further - the PPP) in separate industries (spheres) of economy (further – the Standard agreement) use the following concepts:
1) special finance company – the company created by the Private partner according to the Law of the Republic of Kazakhstan "About project financing and securitization" of February 20, 2006 (further – the Law on project financing and securitization);
2) the asset holder – the state legal entity on whose balance fixing of object of the PPP which is subject to acceptance in state-owned property according to the procedure, the established legislation of the Republic of Kazakhstan on state-owned property is supposed;
3) the private partner – the individual entrepreneur, particular partnership, consortium or the legal entity, except for persons acting as the state partners according to the Law "About Public-private Partnership" (further - the Law), the PPP which signed the agreement;
4) the project documentation – documentation which development and approval is required according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities for creation and/or reconstruction of object of PPP;
5) local content in work (service) – cumulative total cost portion of local content in the goods used in case of performance of work in the price of the agreement and (or) compensation of the workers who are citizens of the Republic of Kazakhstan in the salary fund of the producer of work (service) in the contract for performance of work or rendering service, less the cost of the goods used in case of performance of work and the prices of agreements of sub contractings;
6) personnel – the main (regular) list of the prepared, skilled workers of the Private partner in this or that field of activity;
7) local content in personnel – quantity of the Kazakhstan personnel as a percentage to the total number of the personnel involved in case of execution of the contract with breakdown on each category of workers and employees;
8) operation of object of PPP – use of object of PPP by the Private partner according to purpose of object of PPP, including for the purpose of production of goods and (or) performance of works and (or) rendering services, according to the procedure and on the conditions determined by the Standard agreement;
9) management of object of PPP – trust management of object of PPP;
10) object of PPP – the name of object of PPP;
11) project management of PPP – project management performing procedures: determination, formulation, change of conditions of the project, project planning, technical project implementation (except for planning and control), control over project implementation;
12) the project of PPP – set of the consecutive actions for implementation of the PPP implemented during the limited period of time and having complete nature according to the Law "About Public-private Partnership" and the budget legislation of the Republic of Kazakhstan;
13) local content in goods – percentage of cost of the used local materials and costs of the producer of the goods for conversion of goods performed in the territory of the Republic of Kazakhstan in the final cost of goods;
14) risks – the event or condition which in case of origin has positive or negative impact leads to acquisitions or losses in terms of money.
2. Subject of the Standard agreement is settlement of the relations of the Parties in case of project implementation of PPP ______________ (to specify the name of the project of PPP).
3. The description of object of PPP, technical and economic specifications and other data, including the information about structure of property, technical condition, service life, expected initial, residual and replacement cost of object of PPP, technology and processing equipment, are specified in appendix 1 to the Standard agreement.
4. The state partner / the Private partner has the right to provide to other party property which ______________ (forms whole with object of PPP and (or) it is held for use on general purpose with object of PPP – to specify necessary) for implementation by the State partner / the Private partner of the activities specified in the Standard agreement (further – other property). The structure of other property and its description, including technical and economic specifications, the list of the objects which are part of other property, including the information about structure of property, technical condition, service life, initial, residual and replacement cost of the transferred property, the term of ownership and use of other property is described in the stand-alone program to the Standard agreement (joins if it is provided by the project of PPP.).
The state partner / the Private partner guarantees that he is owner of other property, rights of possession and uses of which are transferred to other party according to the Standard agreement.
Data on the authorized state bodies representing the interests of the state partner ___________ (to specify the name, the location and other necessary data on the organizations).
The rights and obligations of persons involved for agreement performance of public-private partnership ______________ (joins if it is provided by the project of PPP.).
5. Object of PPP and other property belongs at the time of the conclusion of this Standard agreement to the State partner / to the Private partner on the property right on the basis ____________ (to specify the name and details of documents of title and/or documents on state registration of the property rights concerning other property) Copies and/or originals of the documents certifying the property right are applied to the Standard agreement.
6. On object of PPP are available and/or the following encumbrances and restrictions of use __________ are registered (to specify necessary).
7. The private partner creates the real estate units which are not part of object of PPP held for use when implementing by the Private partner of activities for the Standard agreement ______ (to specify the description, technical and economic specifications, including the information about structure of property, technical condition, service life, expected initial, residual and replacement cost of property, technology and processing equipment in the stand-alone program to the Standard agreement (joins if it is provided by the project of PPP.).
8. Project deadline of PPP.
The schedule of implementation of the project of PPP ______ (to specify the Schedule of implementation of the project of PPP, including term of performance of works on construction, creation, reconstruction, upgrades of object of PPP, its commissioning, and also procedure for prolongation of this term (or in need of the stand-alone program to the Standard agreement).
9. Amounts and types of produktion, works and services of the project of PPP and the market of their sale __________ (to specify necessary).
10. The production program of the project of PPP is specified in the financial and economic Section of the feasibility statement (further – the feasibility study) the project of PPP (the production program of the project of PPP, the main financial and economic indicators of project implementation of PPP taking into account requirements of Item 11) is in detail specified in the stand-alone program to the Standard agreement.
11. The main financial and economic indicators of project implementation of PPP are enshrined in the feasibility study for the project of PPP in which the main reasons and basic conditions of the project of PPP are reflected, and also include:
1) the forecast terms provided for receipt of permissions and licenses according to the Schedule of implementation of the project of PPP;
2) the terms provided for performance of works according to the Schedule of implementation of the project of PPP;
3) the amount and the payment schedule of measures of the state support and other payments from means of the government budget;
4) the amounts of the commercial income and net profit in case of operation of object of PPP;
5) the total amount intended for payment of compensations for alienations of real estate and the parcels of land intended for the project of PPP;
6) the total cost of elimination of the circumstances interfering project implementation of PPP;
7) characteristics and essence of the made products, works and services at operational phase of object of PPP (joins in case of project implementation of PPP);
8) procedure for forming of rates and the forecast of the annual profit included in the rate (the price, rate of charge) comprising calculations:
amounts of the costs included in rate (the price, rate of charge) and the expenses which are not considered when forming rate (the price, rate of charge);
the annual amounts of depreciation of fixed assets and intangible assets considered in rate;
forecast amount of regulated services (goods, works) by types of regulated services (goods, works);
annual amounts of return of the invested capital;
annual profit on the invested own means;
9) accrual methods of depreciation of fixed assets and intangible assets, terms of carrying out revaluation of fixed assets, and directions of use of means of the depreciation charges;
10) forecast of normative technical losses both forecast technical and technological consumption rates of raw materials, materials, fuel, energy;
11) forecast annual cost budget, directed to the running repairs and other rescue and recovery operations which are not leading to growth of cost of fixed assets;
12) staff list and limit of compensation;
13) the forecast extreme size and precedent conditions of attraction of the invested capital (ratio of borrowed and own funds in structure of the invested capital in percentage expression, rate of remuneration of the loan capital and rate of profit of own means, target use, the schedule of development, terms of return of the invested capital).
12. All rights, powers and obligations of the Private partner following from the Standard agreement or provided according to the Standard agreement are exclusive for the Private partner throughout action of the Standard agreement, and the State partner not grant during action of the Standard agreement these rights or obligations of the Private partner in this Standard agreement to any other person without written consent of the Private partner.
13. Provision to the Private partner of the right to the parcels of land for the purpose of execution of this Standard agreement is performed based on the relevant agreement, procedure for the conclusion which termination and the termination it is determined according to the Land code of the Republic of Kazakhstan of June 20, 2003.
14. The description necessary for creation and operation of object of PPP of the parcel of land ________ (to specify the description necessary for creation and operation of object of PPP of the parcel of land, including its cadastral number, cost, location, the area, the description of borders, the statement from the state land cadastre).
15. The description of the parcel of land necessary for creation and operation of real estate ______ (to specify the description of the parcel of land necessary for creation and operation of real estate, including its cadastral number, cost, location, the area, the description of borders, the statement from the state land cadastre). This Item joins if it is provided by the project of PPP.
16. The parcels of land for creation of object of PPP it is provided on the terms of temporary free use.
17. The private partner has no right to transfer the rights to the parcel of land to other persons and to hand over the parcel of land in the sublease if other is not provided by the agreement ________ (leases, subleases – to specify necessary) the parcel of land.
18. The termination of the Standard agreement is the basis for the termination of the rights of the Private partner to the parcel of land.
19. Sources, structure, the sizes, terms, the schedule and financing terms of the project of PPP _______________ (to specify Sources, structure, the sizes, terms, the schedule and financing terms of the project of PPP, including investments into fixed assets, conditions of external financing, the scheme and the organization of financing).
20. The state partner shall allocate to the Private partner funds for financing of expenses on _________________ (construction, creation, reconstruction, upgrade – to specify necessary) object of PPP on conditions, in amounts, forms and in terms __________ (sources, structure, terms, the schedule and financing terms of the project of PPP, including investments into fixed assets, conditions of external financing, the scheme and the organization of financing are in detail specified (or in need of the stand-alone program to the Standard agreement).
21. Investments, including financing of works and services in construction, creation, reconstruction, upgrade of object of PPP, are subject to compensation for the account of sources of cost recovery and receipt of the income specified in Section 12 to the Standard agreement.
22. For calculations for the activities connected with operation of object of PPP, the Private partner opens the separate bank account.
23. For conducting financial accounting and creation of the financial reporting according to requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting, the international or national standards and the standard chart of accounts of financial accounting, proceeding from their requirements and features of activities, the Private partner shall accept accounting policy.
24. The private partner for ensuring compliance with the legislation of the Republic of Kazakhstan on financial accounting and the financial reporting, accounting policy, effective carrying out transactions, including measures for safety of assets, prevention and identification of cases of plunder and mistakes during the conducting financial accounting and creation of the financial reporting having the right to organize service of internal control in which structure can join representatives of the State partner.
25. The institutional scheme of project management of PPP ______________ (the institutional scheme of project management of PPP in detail is specified.
26. Procedure for forming of bodies of the PPP company, forming and replenishment of the authorized capital of the PPP company, the relation between shareholders (participants) of the PPP company, permission of corporate disputes ________ (it is specified in case of realization of institutional PPP).
27. Procedure for appointment of the operator (operators) __________________ (to specify procedure for appointment of the operator (operators).
28. Asset holder of object of the PPP transferred or which is in state-owned property is _____________ (to specify details of the legal entity).
The asset holder, acting for the benefit of the State partner in the Standard agreement, in relation to object of PPP has the following rights and obligations: _________________________ (to specify necessary).
29. Control of technical condition of object of PPP is exercised in ______________________ (to specify, persons and their competence, and also the competence bases (the agreement, the power of attorney, etc.).
Control of quantity and quality made products, works and services in the project of PPP is performed _______________________ (to specify faces and their competence, and also the competence bases (the agreement, the power of attorney, etc.).
30. Control of rates and prices for products, works, services in the project of PPP is performed: _______________________ (to specify faces and their competence, and also the competence bases (the agreement, the power of attorney, etc.).
31. The construction, creation, reconstruction and/or upgrade of object of PPP is performed at the expense of the funds raised by the Private partner with use of its materials, its forces and means. The risks arising in the period of construction, creation of reconstruction and/or upgrades of object of PPP are assigned to the Private partner.
The private partner bears responsibility for maintenance of object of PPP, for inadequate quality of the materials provided to them and the equipment, and also for provision of the materials and the equipment encumbered with the third party rights.
32. The private partner builds, creates, reconstructs and/or modernizes the object of PPP and immovable objects specified in Item 7 of the Standard agreement, carries out necessary improvements of objects in accordance with the terms and the requirements specified in this Standard agreement and the project documentation.
33. The state partner provides to the Private partner open entry of the Private partner and persons authorized by it to object of PPP.
34. The private partner has the right to involve in coordination with person specified in Item 28 of this Standard agreement in performance of works on ___________________ (to construction, creation, reconstruction and/or upgrade - to specify necessary) object of PPP of the third parties (in case of need possibly specifying of the particular involved persons) for which actions he is responsible as for own.
35. _________________ (The private partner, the State partner – to specify necessary) shall _________________ (to develop and approve with the State partner, to develop and transfer to the Private partner – to specify necessary) the project documentation necessary for ________________________ (constructions, creations, to reconstruction and/or upgrade – to specify necessary) the Object of the PPP and real estate units specified in Item 7 of the Standard agreement to "_____" to ________________ 20 ____.
36. The private partner has no right to transfer or to use otherwise, and also to alienate the developed project documentation or its part to the third parties without coordination with the State partner.
37. The state partner shall render to the Private partner assistance under the organization performance of works on ______________ (to construction, creation, to reconstruction and/or upgrade – to specify necessary) object of PPP by implementation of the following actions: ___________________ (to specify specific actions).
38. In case of detection by the Private partner of discrepancy of the project documentation to the requirements established by this Standard agreement to requirements of technical regulations and other regulatory legal acts of the Republic of Kazakhstan the Private partner shall warn immediately about it the State partner and based on the decision of the State partner until entering of necessary changes into the project documentation to suspend work on ___________________________ (to construction, creation, reconstruction and/or upgrade – to specify necessary) object of PPP. In case of detection of discrepancy of the project documentation to the requirements established by this Standard agreement in case of development of the project documentation _______________________ (The private partner, the State partner – to specify necessary) bears responsibility before _______________________ (The private partner, the State partner – to specify necessary) according to the procedure and the sizes specified in this Standard agreement.
39. The private partner puts objects into operation according to the procedure, established by the legislation on architectural and town-planning activities, and according to the technical and economic specifications specified in this Standard agreement.
40. In case of detection by the Private partner of the circumstances which are not depending on the Parties making impossible ____________________ (construction, creation, reconstruction and/or upgrade – to specify necessary) and commissioning of object of PPP in the terms established
this Standard agreement, and (or) using (operation)
object of PPP, the Private partner shall notify immediately
The state partner about the specified circumstances for the purpose of coordination of further actions of the Parties for execution of this Standard agreement.
41. The private partner in case of need shall design to construct and serve the trail bypass road providing journey of vehicles during the entire period of construction, creation, reconstruction and/or upgrade of object of PPP. Such expenses belong to the Construction cost of object of PPP.
42. The state partner has the right to charge to the Private partner accomplishment of the extra works which are not specified in the Standard agreement and in the initial project documentation specified in Item 35 of the Standard agreement, but required in view of the arisen contingencies.
43. The private partner, in time ______________ (to specify term) calendar days or other term as agreed by the parties, represents expense budget on accomplishment of the works specified in Item 42 of the Standard agreement, and also the schedule of accomplishment of extra works. At the same time the State partner shall report to the Private partner about their approval or refusal in the shortest possible time which is not exceeding 20 days from the moment of receipt of the relevant documents. The cost of extra works will be determined in the following procedure: _________________ (to specify procedure).
44. The private partner shall perform at own expense the above-stated extra works specified in Item 42 of the Standard agreement necessary for the State partner if:
1) extra works do not involve essential change of the initial project documentation and the requirements specified in to the Standard agreement;
2) extra works do not involve increase in construction costs, creation, reconstruction and/or upgrade of object of PPP from above ___________________, terms of accomplishment by the Private partner of obligations on (to specify the amount) to the Standard agreement from above ______________ (to specify term).
45. Expenses on extra works, specified in Item 42 of the Standard agreement which arose not owing to the mistakes or omissions allowed when designing and which involve additional costs for the Private partner the amount exceeding ________________ (to specify the amount), the State partner bears in case the Private partner has no opportunity to attract financial resources to payment of these costs.
46. If accomplishment of the extra works specified in Item 42 of the Standard agreement will entail violation of indicators of the financial and economic plan, the Parties have the right to recovery of indicators in compliance Item 119 of the Standard agreement.
47. The private partner bears responsibility to destination and to accomplishment of functions of the ranking officer on safety according to regulations on safety and labor protection of workers on workplace.
48. Operation of object of PPP is performed based on the following legal regime: _________________________ (to specify necessary: trust management, property employment, rendering services, performance of works, etc.).
Special conditions, technical and other characteristics of method of operation of object of PPP, other property, and also objects which creation is stipulated in Item 7 Standard agreements are specified in appendix 2 to the Standard agreement.
49. Object of PPP is put into operation for a period of _____________ (to specify term).
50. The private partner isolates the property put to him into operation from other property. This Item joins if it is provided by the project of PPP.
51. The property put into operation affects at the Private partner separate balance and on it independent account is kept. This Item joins if it is provided by the project of PPP.
52. ______________________ (to specify necessary: The state partner / the private partner) in case of operation of object of PPP independently and at own expense (to specify necessary):
1) is provided by maintenance and safety of property;
2) is performed by running repair of property;
3) performs operation of engineering networks and electric equipment;
4) makes all payments connected with operation of property;
5) exercises control of observance of the fire protection, sanitary and other regulations established by the current legislation.
53. The private partner has no right to alienate, pledge property of object of PPP, without the consent of the State partner to make any changes to property (except routine maintenance and overhaul repairs), including demolition or construction of walls, change of the layout of the building, change of purpose of object of PPP, and also has no right: ____________________ (to specify necessary restrictions).
54. The private partner operates object of PPP according to profile of object of PPP and performs the following types of activity: ________________ (to specify all types of activity (the main and other activities) depending on industry (sphere) of economy). This Item joins if it is provided by the project of PPP.
55. Criteria of quality of operation of object of PPP: ____________________ (to specify criteria).
56. Procedure for determination of quality of operation of object of PPP: _________________ (to specify procedure for determination of quality of operation of object of PPP).
57. The rights of limited target use of object of PPP (servitudes) it is provided to the third parties in the following procedure: ___________ (to specify the third parties and procedure for provision of target use of PPP of the Object).
58. For implementation by the Private partner of the types of activity specified in Item 54 of the Standard agreement, the State partner takes the following measures: _________________ (to specify measures depending on requirements to implementation by the Private partner of types of activity in the corresponding industry (sphere) of economy, and also competence of the State partner). This Item joins if operation of object of PPP by the Private partner is provided by the project of PPP.
59. For the purpose of provision of the rights of limited target use of PPP of object according to Item 57 of the Standard agreement the State partner and the Private partner takes the following measures: _______________________ (to specify measures depending on requirements to implementation by the Private partner of types of activity in the corresponding industry (sphere) of economy, and also competence of the State partner and Private partner).
This Item joins if operation of object of PPP by the Private partner is provided by the project of PPP.
60. With reasonable need, the State partner has the right to demand carrying out adjustment of service conditions of object of PPP. In that case the Parties shall approve the adjustments of conditions on operation of object of PPP meeting the requirements of the State partner.
If review of conditions on operation of object of PPP involves violation of indicators of the financial and economic plan of the feasibility study, and the investing program provided by the Standard agreement, the Parties have the right to its review according to Item 121 of the Standard agreement.
61. General terms of lease of object of the PPP which is in property of the private partner in property employment (lease) to the state partner or person authorized by it: _________________________ (to specify general terms of lease of object of the PPP which is in property of the private partner in property employment (lease) to the state partner or person authorized by it.).
62. General terms of the redemption of object of the PPP which is in property of the private partner the state partner: _______________ (to specify general terms of the redemption of object of the PPP which is in property of the private partner the state partner).
63. The private partner within activities for the Standard agreement fulfills the following the tax liabilities: ______________ (to specify necessary).
Calculation of the tax liabilities on taxes and other obligatory payments in the budget for the activities performed within the Standard agreement is made according to the tax legislation of the Republic of Kazakhstan existing at the time of emergence of obligations on their payment. Execution of the tax liabilities on the activities performed within the Standard agreement does not exempt the Private partner from execution of the tax liability in implementation of the activities which are beyond the Standard agreement according to the tax legislation of the Republic of Kazakhstan existing for date of emergence of the tax liability.
64. Upon termination of everyone ________________ (to specify term) term after introduction of object of PPP in operation, the Parties carry out the corresponding assessment of object of PPP on need of carrying out capital repairs, upgrade, change of conditions on servicing and content of object of PPP and the corresponding costs.
65. Capital repairs of object of PPP during its operation are performed: ______________________ (to specify necessary: State partner / Private partner).
66. ________________________ during operation performs (to specify necessary: The state partner / the Private partner) upgrade of object of PPP by enhancement, updates of object, its reduction in compliance with new requirements and regulations, technologies, specifications, quality indicators.
67. Financing of capital repairs and upgrade of object of PPP is performed in the following procedure: ____________________ (to specify necessary).
68. Capital repairs and upgrade of object of PPP are performed according to the specification and the design estimates coordinated with the State partner. During capital repairs and/or upgrade of object of PPP in coordination or at the request of the State partner implementation of operation of object of PPP, can be suspended fully or partially for work on capital repairs and upgrade of object of PPP.
69. The state partner provides to the Private partner the following measures of the state support: ______________________ (to specify the list and procedure for provision of measures of the state support).
70. Sources of cost recovery and receipt of the income of the Private partner are:
1) realization of manufactured goods (works, services) in use object of PPP;
2) subsidies from the state in the cases established by the laws of the Republic of Kazakhstan;
3) compensation of investment costs of the private partner according to the budget legislation of the Republic of Kazakhstan;
4) compensation of operating costs of the private partner according to the agreement of PPP;
5) remuneration for implementation of management of object of PPP, and also the rent for use of PPP of object according to the budget legislation of the Republic of Kazakhstan;
6) payment for availability of object of PPP (in this Section to specify necessary conditions).
71. Compensation to the Private partner of investment costs in this Standard agreement shall not exceed ___________________ (to specify the amount).
Payment of compensation is performed after input of object of PPP in operation.
72. Compensation to the Private partner of operating costs in this Standard agreement shall not exceed _____________________ (to specify the amount).
73. Constitutes remunerations for management of object of PPP _____________________ (to specify the amount).
74. The state partner pays to the Private partner compensation of investment costs, compensation of operating costs and remuneration for implementation of management of the object of PPP which is in state-owned property and also the rent for use of PPP of object, payment for availability of object of PPP (to specify necessary) on the settlement account of the Private partner opened according to Item 22 of this Standard agreement in the following procedure and terms: ____________________ (to specify necessary data, including, procedure for calculation and change of the amount of payments).
Conditions on cash write-off from the settlement account of the Private partner can be established by the separate contract between bank and the Private partner without coordination with the State partner (joins if it is provided by the project of PPP).
75. In case of payment of compensation of investment costs, compensations of operating costs and remuneration are considered the criteria of quality of creation (reconstruction) and operation of object of PPP established by this Standard agreement and the legislation of the Republics Kazakhstan on architectural, town-planning and construction activities in the following procedure: ______________________ (to specify procedure).
76. In case of termination of the Standard agreement before input of object of PPP in operation compensation of the actual investment costs for date of termination to be made in the following procedure and the sizes: _________________ (to specify procedure and the sizes).
77. The personal estate, products and income gained as a result of implementation of activities for this Standard agreement are property __________________________ (to specify necessary: State partner / Private partner).
78. The profit got as a result realization of manufactured goods (works, services) in use of object of PPP is distributed in the following procedure: __________________ (data are specified on persons and cost elements).
79. The private partner pays to the State partner payment for use of PPP of object in the following procedure and the size: ___________________ (to specify necessary data, including, procedure for calculation and change of the amount of payment).
80. In case of early termination of the agreement of PPP expenses of the parties are refunded in the following procedure: _________________ (to specify necessary data).
81. Training, advanced training of personnel is performed according to the labor law of the Republic of Kazakhstan.
82. The private partner annually approves training programs and advanced trainings of personnel and presents them to the State partner.
This Section joins if operation of object of PPP by the Private partner it is provided by the project of PPP.
83. Local content in personnel shall constitute:
1) the first category – administrative board – ________ %;
2) the second category – specialists with the higher and secondary professional education – ________ %;
3) the third category – skilled workers – ___ %.
84. Local content shall constitute:
1) in (purchased) Private partner acquired works (services) – ______ %;
2) in acquired (purchased) by the Private partner in the acquired (purchased) goods – _________ %.
85. Calculation of local content is performed in the following procedure ______________________ (to specify in detail to specify technique of calculation of local content (or in need of the stand-alone program to the Standard agreement.).
This Section joins if operation of object of PPP by the Private partner it is provided by the project of PPP.
86. The object of PPP created and put into operation is subject to transfer in ___________________________ (to specify to whom object is transferred to the possession).
Acceptance of objects of PPP in state-owned property and the subsequent transfer of the state object of PPP to operation to the Private partner (joins if it is provided by the project of PPP) is performed by authorized state body on implementation of the right of the order republican property, or local executive bodies (depending on property level: republican or municipal). The private partner assumes obligation to provide content and safety of object of PPP during registration of state-owned property on object of PPP and during transfer of object of PPP to operation. Joins if it is provided by the project of PPP.
87. The real estate units created according to Item 7 of the Standard agreement are subject to transfer into the ownership ____________________________ (to specify the basis and the accepting person) in the following procedure ______________________________ (to specify procedure, including procedure for cost determination ________________________ property, availability of encumbrances).
88. Upon termination of effective period of the Standard agreement, its early termination and in other cases provided by the Standard agreement, the Private partner transfers to the State partner, and the State partner accepts object of PPP and all necessary documentation on it during __________________ (to specify term).
Joins if it is provided by the project of PPP.
89. In case of the termination of effective period of the Standard agreement, and also its early termination after day of introduction of object of PPP into operation the object of PPP put by the Private partner to the State partner shall be in condition, ___________________ (in detail to specify the description of object of PPP, technical and economic specifications, including the information about structure of property, technical condition, service life, expected initial, residual and replacement cost of object of PPP, technology and processing equipment (or in need of the stand-alone program to the Standard agreement), to be suitable for operation according to its profile and it shall not be encumbered with the third party rights, except for the encumbrances specified in Item 6 of the Standard agreement. This Item joins if it is provided by the project of PPP.
90. In case of early termination of the Standard agreement before introduction of object of PPP into operation the object of PPP put by the Private partner to the State partner shall not be encumbered with the third party rights, except for specified in Item 6 of the Standard agreement. This Item joins if it is provided by the project of PPP.
91. The private partner returns to the State partner, and the State partner accepts other property and all necessary documentation on it during _____________ (to specify term) days from the date of the termination of effective period of the Standard agreement of its early termination and in other cases provided by the Standard agreement and in the following condition and quantity ____________________ (in detail to specify the description of object of PPP, technical and economic specifications, including the information about structure of property, technical condition, service life, expected initial, residual and replacement cost of object of PPP, technology and processing equipment.). This Item joins if it is provided by the project of PPP.
Transfer by the Private partner to the State partner of object of PPP, other property, and also the objects created according to Item 7 of the Standard agreement is performed under the delivery-acceptance certificate of objects of PPP and/or other property signed by the Parties.
92. Project cost of PPP, and also the objects created according to Item 7 of the Standard agreement is determined in the following procedure: ______________________ (to specify procedure).
93. The state partner has the right to refuse signing of the delivery-acceptance certificate of object of PPP, other property, and also the objects created according to Item 7 of the Standard agreement in case: _________________ (to specify circumstances in case of which approach the State partner has the right to refuse signing).
94. In case of evasion of the State partner based on Item 93 of the Standard agreement from signing of the delivery-acceptance certificate of objects and/or other property the Private partner shall take measures for elimination of the circumstances specified in Item 93 of the Standard agreement.
95. Shares in the authorized capital (share right) of Special finance company belong _______________________________ (to specify participants and the size of share in the authorized capital or share rights).
96. The special finance company is created for the purpose of accomplishment of the Standard agreement, according to the terms and conditions determined in this Standard agreement. The special finance company will solidary bear complete responsibility for accomplishment of the obligations following from the Standard agreement with the Private partner. The private partner shall draw up obligations about joint liability of special finance company according to the procedure, stipulated in Item 144 Standard agreements.
97. The relations and obligations of founders in relation to Special finance company, and also to the State partner, are regulated according to the Law on project financing and securitization.
98. The private partner and Special finance company shall keep quality and guarantees of technical, economic and financial nature provided by the project of PPP according to this Standard agreement and also required. Law on project financing and securitization.
99. Alienation of shares in the authorized capital (share rights) of Special finance company can be made in the cases and procedure provided. Law on project financing and securitization.
100. Alienation of shares in the authorized capital (share rights) of the Private partner which involves exit of one or more participants or the introduction of one or newer participants in the authorized capital of the Private partner is made with the prior notice of the State partner. This Section joins if it is provided by the project of PPP.
101. The state partner has the right:
1) to hold negotiations with the private partner and other agreement parties of PPP on its conditions;
2) to participate in governing bodies of the PPP company when he acts as the organizer of tender or direct negotiations;
3) to perform checks of financial and economic activities of the private partner, including by involvement of auditing organization within the agreement of PPP;
4) to have easy access to object of public-private partnership, and also to documentation relating to implementation of activities within the project of PPP;
5) to require elimination of the allowed violations within control of compliance with law of the Republic of Kazakhstan and terms of the contract of PPP;
6) to require indemnification on object of the PPP which arose because of the private partner;
7) to require agreement cancelation of PPP in case of violation of its conditions by the private partner or other agreement party of PPP;
8) to perform other rights according to the laws of the Republic of Kazakhstan and the agreement of PPP.
102. The state partner shall:
1) to transfer to the private partner the rights to object of public-private partnership on conditions and in the terms provided by the agreement of public-private partnership;
2) to comply with other requirements and conditions established by the laws of the Republic of Kazakhstan and the agreement of public-private partnership.
103. The private partner has the right:
1) to make offers on change of terms of the contract of PPP;
2) in case of early agreement cancelation of PPP to require payments and compensations in the cases and procedure established by the agreement of PPP;
3) at discretion to use the net income gained from the activities in the project of PPP after tax payment and other obligatory payments in the budget according to the legislation of the Republic of Kazakhstan;
4) to perform the rights concerning object of PPP on the conditions provided by the agreement of PPP;
5) to perform other rights according to the laws of the Republic of Kazakhstan and the agreement of PPP.
104. The private partner shall:
1) to keep profile of objects of PPP, and also in accordance with the terms of the agreement of PPP to provide transfer of object of PPP to the state partner in proper technical condition;
2) to provide quality and goods availability, works and services within the signed agreement of PPP;
3) to provide target use of the funds allocated for project implementation of PPP;
4) to comply with other requirements and conditions established by the laws of the Republic of Kazakhstan and the agreement of PPP.
105. For the purpose of preliminary check of archaeological interest if during performance of works on construction and/or reconstruction of object of PPP are found archeological finds, the Private partner stops works and immediately informs on it authorized state body and the State partner. Works can be resumed only according to the written permission of authorized state body. Suspension of works on the reason of finds are considered as force majeur circumstances.
106. The private partner shall reduce as far as possible the delay connected with archeological finds. For this purpose, he shall cooperate with competent authorities, the State partner in detection of the most acceptable decisions, and also in scheduling of extraction of finds who affirms the State partner, and in change of the schedule of implementation of the project of PPP for its reduction in compliance with new terms.
107. The state partner according to the procedure, the established legislation of the Republic of Kazakhstan on the public-private partnership having the right to exercise control of observance by the Private partner of conditions of the Standard agreement, completion dates of obligations according to the Standard agreement (joins if operation of object of PPP by the Private partner is provided by the project of PPP) and also obligations on operation of object of PPP according to the purposes established by the Standard agreement.
108. The main directions of control are:
1) efficiency of operation and preserving profile of objects of PPP;
2) increase in amount and improvement of quality of the made goods (works, services);
3) decrease in cost and increase in revenues of activities;
4) observance of all conditions and procedures determined by the Standard agreement;
5) observance of requirements for environmental protection and safety of conducting works.
109. The private partner provides to the representatives of authorized bodies of the State partner exercising control of execution by the Private partner of conditions of the Standard agreement, easy access on object of PPP and also to documentation relating to implementation of activities on the Standard agreement.
110. The private partner ___________________ (monthly, quarterly, every half-year, annually – to specify necessary) provides to the State partner the performance report the Private partner of obligations in the Standard agreement during the days from the date of the end of the accounting period. The report shall contain the following data: _______________________ (to specify the data approved by the Parties).
111. In case of detection by the State partner during control of activities of the Private partner of violations which can significantly influence observance by the Private partner of conditions of the Standard agreement the State partner directs in writing the requirement about elimination by the Private partner of the allowed violations during ____ (to specify term) calendar days.
112. The parties shall provide timely each other information necessary for fulfillment of duties on the Standard agreement, and without delay notify each other on approach of the essential events capable to influence proper execution of the obligations provided by the Standard agreement.
113. Annually not later _______________ (to specify term) the Private partner submits to the State partner the report on the activities for management of object of PPP.
114. The private partner shall provide annually ______________ (to specify term) the year planned for carrying out purchases the annual program of purchase of goods, works, services the forthcoming year and information on goods purchased, works, services in authorized body of the Republic of Kazakhstan in the field of state regulation of trade and industrial policy in established to form and in terms.
115. Risks of non-execution of obligations and additional expenses on the project of PPP, including condition and terms of transition of burden of matter of the property retold are determined by the agreement of PPP, and also risks of accidental death or accidental damage of the specified property by agreement of the parties agreements according to the subitem 15) of Item 1 of article 46 of the Law.
116. Taking into account distribution of the risks established by other Sections of the Standard agreement, the Parties came to the agreement on the following distribution of risks: _____________________________ (to specify necessary).
117. Assessment of possibility of risk management is performed based on the analysis of the destabilizing and favorable events in the following procedure: ______________________ (to specify technique of assessment and restriction of risks. For impact assessment of certain Destabilizing or Favorable event on financial and economic balance, it is necessary to provide the mechanism of measurement of financial profitability of the project of PPP at the moment. The subsequent adaptation to the Destabilizing or Favorable event shall recover current status right after approach of the Destabilizing or Favorable event while it would be unreasonable to make assessment of the rights of the parties to adaptation, referring to the profitability established for date of the conclusion of the Standard agreement which can significantly differ (towards increase or reduction) from the actual profitability established subsequently. If necessary it is specified in the stand-alone program to the Standard agreement.).
118. The destabilizing events are:
1) non-execution by the State partner of the obligations in the Standard agreement;
2) violation of payment due date, provided by Section 12 of the Standard agreement, exceeding _______________ (to specify term);
3) violation of fixed terms from state bodies on issue of licenses, accreditation and other allowing documents are necessary for execution of the Standard agreement;
4) actions of the State partner, or other state bodies as a result of which the State partner cannot fulfill the obligations according to this Standard agreement while the State partner has positive history on timely accomplishment of obligations, formalities and obligations according to the legislation and this Standard agreement;
5) any force majeure circumstance according to Section 33 of the Standard agreement (in the amount of in which costs of the State partner exceed ________________________________ (to specify the amount);
6) the provision of budget, tax and other legislation of the Republic of Kazakhstan which took effect after the conclusion of this Standard agreement, which:
negatively affects terms and conditions of construction, creation, reconstruction, upgrade of object of PPP, economic management and functionality of object of PPP, or on mechanisms and on the terms of the investments and payments provided the Standard agreement;
causes the necessity of modification of conditions of the Standard agreement;
leads to change of tax regime, negative for the Private partner;
is reflected in amount, or in procedure for accomplishment and conditions of provision on the Standard agreement of services, works, goods or access to services, goods, works;
leads to changes of the accounting principles operating at the time of the conclusion of the Standard agreement or establishes new procedure for fixed asset depreciation, accounting of the investments provided within the project of PPP;
7) violation of terms of accomplishment __________________ (to specify extra significant works, (works on the organization of siding or road net, etc.), which can negatively affect readiness of object of PPP and cause delay of introduction of object of PPP in operation, the event not because of the Private partner;
8) archeological find according to Section 19 of the Standard agreement;
9) violation of terms of approval or not approval of the project documentation during more ____________________, the event not because of the Private partner (to specify days or months);
10) violation of terms and increase in costs for the amount _____________ (to specify the amount) in case of construction, creation, reconstruction, upgrades of object of PPP which happened not because of the Private partner;
11) cancellation or cancellation of necessary licenses, permissions, the event not because of the Private partner;
12) increase in costs on insurance of the project of PPP in the amount of __________________ (to specify the amount);
13) extra works according to Item 42 of the Standard agreement;
14) to add other possible destabilizing events depending on special characteristics of the project of PPP.
1) cost reduction in relation to the data provided in the Financial and economic plan in the amount of in which such decrease exceeds total amount __________________ (to specify the amount);
2) the technical and technological changes approved by the State partner which lead to cost reduction on creation of object of PPP in relation to the data provided in the project documentation in the amount of, in which such decrease exceeds total amount ______________ (to specify the amount);
3) cost reduction on operation of object of PPP on the amount more ________________ (to specify the amount);
4) any event or circumstance listed in determination of the Destabilizing event, resulting in positive result instead of negative and to improvement of financial and economic parameters;
5) to add other possible favorable events depending on special characteristics of the project of PPP.
120. The parties have the right to recovery of the financial balance according to the financial and economic plan if there is violation of balance, as a result:
1) favorable event; and/or;
2) the destabilizing event.
121. If any case or one of the circumstances listed in Items 118, 119 Standard agreements leads to positive changes recovery of balance is carried out to advantage of the State partner.
122. In time ____________ (to specify term) calendar days from the moment of provision to the counter party of the supporting document about emergence of the favorable and/or destabilizing event, the Parties carry out check of financial conditions of the project of PPP and make the joint decision on review of conditions which provides recovery of indicators of the financial and economic plan so that financial parameters returned on the level at which they were for the date preceding approach of violation of balance, alternative or joint:
1) increase or reduction of remunerations and other payments to the State partner and/or Private partner;
2) payment of the amounts (lump sum payment or the periodic amounts) as compensation to the State partner and/or the Private partner;
3) early termination or prolongation of term of the Standard agreement;
4) other actions (to specify depending on specifics).
123. According to the Standard agreement of the Party bear the responsibility provided by the Standard agreement and the legislation of the Republic of Kazakhstan on public-private partnership for non-execution or improper execution of obligations.
124. In case of detection of one of the Parties of discrepancy of the project documentation to the requirements established by the Standard agreement, legislations of the Republic of Kazakhstan, technical regulations, the Party which found this discrepancy immediately warns about it other Party, and based on the decision of the State partner until entering of necessary changes into the project documentation the Private partner stops work on construction, creation, reconstruction, upgrade of object of PPP.
In case of detection of discrepancy of the project documentation to requirements, established by the Standard agreement, to requirements of the legislation of the Republic of Kazakhstan about architectural, town-planning and construction activities, technical regulations, ______________________, (The private partner, the State partner – to specify necessary) developed the project documentation, bears responsibility before, _________________, (The private partner, the State partner – to specify necessary) in the following procedure and the sizes: _________________ (it is detailed to specify the sizes, procedure and payment due dates of penalties, penalty fee or if necessary to specify in the stand-alone program)
125. The private partner bears responsibility to the State partner for allowed in case of _____________________ object (constructions, creation, reconstruction, upgrade and operation – to specify necessary) PPP violation of the requirements established by the Standard agreement, requirements of technical regulations, the project documentation, other mandatory requirements to quality of object of PPP.
126. In case of violation of the requirements specified in the Standard agreement, the State partner during ____________________ with (the number of calendar days, other term – to specify necessary) dates of detection of violation are sent to the Private partner in writing by the requirement to gratuitously eliminate the found violation with indication of Item of the Standard agreement and/or the document which requirements are violated, and also to pay the damages caused to the State partner caused by violation of the Private partner. At the same time term for elimination of violation constitutes ___________________ (the number of calendar days, other term – to specify necessary).
127. The private partner bears before the State partner responsibility for quality of works on ___________________ object of PPP (to construction, creation, upgrade, reconstruction – to specify necessary) during _________ years from the date of transfer of object of PPP to the State partner.
In case of detection in object of PPP of the defects caused low-quality ________________________ (construction, creation, upgrade, reconstruction and operation – to specify necessary) object of PPP the Private partner, the Private partner eliminates such defects at own expense during ____ calendar days from the date of obtaining from the State partner of the notification on the found defects or in other time which is in writing approved by the Parties.
128. Indemnification of the Parties which resulted from non-execution or improper execution of obligations by other Party according to the Standard agreement is made in the following procedure: ________ (to specify the procedure approved by the Parties).
129. The private partner pays to the State partner in the relevant budget penalty in type __________________ (penalty, penalty fee – to specify necessary). In case of non-execution or improper execution by the Private partner of the obligations provided by the Standard agreement including in case of violation of completion dates of obligations according to the Standard agreement.
130. The state partner pays to the Private partner penalty in type _____________________________ (penalty, penalty fee – to specify necessary) in case of non-execution or improper execution by the State partner of obligations, including in case of violation of completion dates of obligations according to the Standard agreement.
131. The sizes, procedure and payment due dates of penalties, penalty fee are specified in the following procedure and the sizes: _________________ (it is detailed to specify the sizes, procedure and payment due dates of penalties, penalty fee or if necessary to specify in the stand-alone program).
132. The private partner during __________ (to specify term) calendar days from the date of ______________________________ (introductions of the Standard agreement and force, other – to specify necessary) provides ensuring obligation fulfillment according to the Standard agreement in the following формах:_____________________________________________________________ (to specify according to the project of PPP) the __________________________ size (to specify according to the project of PPP).
133. The party has the right not to start execution of the obligations according to the Standard agreement or to suspend their execution with the immediate notification of other party in case violation of the obligations by other Party according to the Standard agreement interferes with fulfillment of duties, provided by the Standard agreement.
134. The private partner, compensates to the State partner lost profit during trust management of object of PPP and the losses caused by loss or damage of property taking into account its natural wear. This Item joins if it is provided by the project of PPP.
135. The private partner bears responsibility for the caused losses if he does not prove that these losses occurred owing to force majeure or actions of the State partner.
136. Debts according to the obligations which arose in connection with management of object of PPP are settled at the expense of property of the Private partner and the payments which are due to it. This Item joins if it is provided by the project of PPP.
137. The private partner in providing indemnification which can be caused to the State partner by improper execution of this Standard agreement provides to the State partner ensuring execution of the Standard agreement. This Item joins if it is provided by the project of PPP.
Conditions of provision of providing the Standard agreement: ___________________ (it is detailed to specify conditions of provision of providing the Standard agreement or if necessary to specify in the stand-alone program)).
138. The private partner has the right to transfer the rights or their part according to the Standard agreement to other persons with observance of the conditions established by the Law, the Law on project financing and securitization, the Civil code of the Republic of Kazakhstan and this Standard agreement.
Transition of the rights and obligations of the Private partner to other person / to persons in cases of concession of the requirement or the translation of debt according to the Standard agreement shall be performed on condition of compliance of such person / persons to requirements to the participants of tender established by the Law and the tender documentation of tender by determination of the Private partner in this Standard agreement.
139. Transition of the rights and obligations of the Private partner – the legal entity in case of its reorganization to the reorganized or arisen legal entity shall be performed on condition of compliance of the legal entity reorganized or resulted from reorganization to requirements to the participants of tender established by the Law and the tender documentation of tender by determination of the Private partner in this Standard agreement.
140. Transfer of the right is performed in the way:
1) alienations of the right in parts or in full to other person based on paid or non-paid civil transactions;
2) transfers of the right to the authorized capital of other legal entity;
3) alienations of the right in the course of bankruptcy proceedings in case of bankruptcy;
4) addresses of collection on the right, including in case of pledge.
141. In all cases assignment of rights and obligations according to the Standard agreement to other person / to persons is performed with the written permission of the State partner.
142. Primary release into the stream of commerce in the organized market of securities of the shares or other securities confirming the property right to shares or the securities converted into shares, the legal entity who is the Private partner, including primary placement in the organized market of securities of such securities issued within additional issue is performed with the prior notice of the State partner.
143. Transfer to pledge of the right (its part) according to the Standard agreement, is performed with the written permission of the State partner.
The credit obtained on the security of the right according to the Standard agreement shall be used on the purpose, are provided by the Standard agreement, the Private partner or special finance company.
144. In case of partial transfer of the right to other person the Private partner and such person shall come to the agreement on the cross liabilities arising in case of joint implementation of the rights and accomplishment of obligations according to the Standard contract. The cooperation agreement or other agreement on establishment of the mutual rights and obligations within activities for the Standard agreement between the Private partner and the third party is approved with the State partner and is the amendment to the Standard Contract which is binding for the Parties of the Standard agreement.
145. The private partner and person to whom the right according to the Standard agreement is transferred bear joint liability according to the Standard agreement.
146. The termination of the Standard agreement can form the basis of the termination of transactions about assignment of rights and obligations according to the Standard agreement to other persons.
147. All expenses on transfer of the right belong to expenses of the Private partner if other is not established by transfer conditions.
148. Transfer of the right according to the Standard agreement attracts need of entering of corresponding changes and (or) amendments into the Standard agreement according to Item 162 of the Standard agreement and it is considered committed from the moment of registration of such changes and (or) amendments.
The state partner has the right to refuse transfer of the right according to the Standard agreement.
149. Transactions and other actions directed to transfer of the right according to the Standard agreement, made by the Private partner without availability of permission of the State partner are considered invalid from the moment of their conclusion.
150. Not the notification of the State partner on transactions, specified in Item 149 of the Standard agreement, within 5 (five) working days after their making is the basis for recognition of transactions invalid.
151. The right of the Republic of Kazakhstan is applied to the Standard agreement and other transactions signed on the basis of the Standard agreement.
152. The right of the Republic of Kazakhstan is applied to the rights and obligations according to the transactions directed to transfer of the right according to the Standard agreement.
153. The private partner assumes liability to observe the international obligations assumed by the Republic of Kazakhstan in the field of environmental protection.
154. Regulations of the legislation of the Republic of Kazakhstan on public-private partnership are applied if they do not contradict international treaties which participant is the Republic of Kazakhstan.
155. The disputes connected with execution and the termination of the Standard agreement are solved by negotiations.
156. If the disputes connected with execution, change or the termination of the Standard agreement cannot be resolved within six months by negotiations, then the Parties have the right to resolve disputes according to the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
157. Protection of its rights according to the legislation on public-private partnership of the Republic of Kazakhstan is guaranteed to the private partner.
158. Change and amendment of conditions of the Standard agreement is allowed by agreement of the parties if other is not established by the legislation of the Republic of Kazakhstan and the Standard agreement.
159. Changes and amendments of the legislation of the Republic of Kazakhstan worsening results of business activity of the Private partner in the Standard agreement are not applied to the Standard agreement if he was imprisoned before introduction of these changes and amendments and the legislation the retroactive effect of regulatory legal act is directly not provided.
160. Guarantees, the stipulated in Item 161 Standard agreement, do not extend to changes of the legislation of the Republic of Kazakhstan in the field of ensuring national security, defense capability, in the sphere of ecological safety, health care, the taxation, and customs regulation.
161. The state partner and the Private partner have the right by agreement to make the changes and additions in the Standard agreement which are not changing tender condition on transfer of object to PPP and the initial parameters and characteristics of the project of PPP fixed in it, way of the conclusion of supplementary agreements to the Standard agreement in writing.
Modification and amendments in the Standard agreement, the changing tender conditions on transfer of object to PPP and initial parameters and characteristics of the project of PPP fixed in it, is allowed after their coordination with the Commission on tender specified in preamble of the Standard agreement and the interested state bodies.
162. The standard agreement terminates in cases:
1) expirations of the Standard agreement;
2) early termination by agreement Parties;
3) judgments;
4) liquidations of the Private partner;
5) in other cases, stipulated by the legislation the Republic of Kazakhstan about public-private partnership and the Standard agreement.
163. The state partner can make the decision on unilateral change of conditions and/or entering of amendments into the Standard agreement or its termination in cases when ____________________________ (construction, creation, reconstruction, upgrade, operation, _________________________ (construction, creation, reconstruction, upgrade, operation – to specify necessary) object of PPP threaten providing homeland and ecological safety, health care and morality, namely in случаях:_____________________________________________________________ (to specify cases depending on industry (sphere) of economy).
Exceptional cases of unilateral refusal of agreement performance of public-private partnership: ______________________ (to specify in case of need).
164. In case of realization by the State partner of the right specified in Item 163 of this Chapter, the State partner compensates to the Private partner the additional costs connected with change of conditions and/or entering of amendments into the Standard agreement and also pays the losses suffered by the Private partner in connection with termination of the Standard agreement except cases when termination or change of conditions and/or entering of amendments into the Standard agreement is caused by rough negligence or violation by the Private partner of conditions of the Standard agreement.
165. If the Parties for project implementation of PPP on _________________________________ (to construction, creation, reconstruction, upgrade, to operation – to specify necessary) object of PPP choose the guarantee of the state on infrastructure bonds, during circulation period of infrastructure bonds change of conditions and/or entering of amendments into the Standard agreement which can entail infringement of the rights and interests of bondholders is not allowed.
166. The standard agreement is constituted on _____________________ (to specify language of creation of the Standard agreement) in ______ the authentic copies having equal legal force from them ______ copies for the State partner and ________ copies for the Private partner.
167. In case of disagreements or disputes in case of explanation of content and interpretation of the Standard agreement the version of the text on ________________________________________________________ (to specify language) prevails.
168. The parties agree that the Kazakh Russian languages will be used as communication languages.
169. From the date of the introduction of the Standard agreement in force technical documentation and information concerning execution of the Standard agreement is constituted on ___________________ (to specify language of creation of the Standard agreement.
170. The standard agreement becomes effective from the moment of its state registration in the relevant registering body and is effective ___________________________ (the term is specified according to the project of PPP).
171. The term of construction, creation, reconstruction of object of PPP "___" ___________ 20 __ (term is specified according to the project of PPP.).
172. Term _________________________ (upgrades, replacements of obsolete and physically worn-out equipment with new, more productive equipment, implementation of actions for improvement of characteristics and operational properties of other property – term is specified to specify necessary) "___" ________ 20_ g (according to the project of PPP.).
173. (Joins if operation of object of PPP by the Private partner is provided by the project of PPP) Useful life the Private partner of object of PPP with "__" ________ 20 __ (term is specified according to the project of PPP.).
174. The term of use by the Private partner of the exclusive rights belonging to the State partner on results of intellectual activities according to the agreement specified in Item 187 of the Standard agreement constitutes _____________________ (days, months, years – to specify necessary).
175. To the state partner the exclusive property rights on the following results of intellectual activities acquired by the Private partner at own expense in case of execution of the Standard agreement are gratuitously transferred: _______________________________ (the name of intellectual property items) Registration of the rights of the State partner for the specified results of intellectual activities is performed according to the procedure, established by the civil legislation of the Republic of Kazakhstan, _________________________ (The state partner or the Private partner based on received _______________________ from the State partner of powers – to specify necessary).
176. For the purpose of execution by the Private partner of obligations in the Standard agreement the State partner signs with the Private partner the agreement on transfer on a grant basis to the Private partner of rights to use by results of intellectual activities, stipulated in Item 176 Standard agreements, according to the civil legislation of the Republic of Kazakhstan for the term specified in Item.
177. The termination of the Standard agreement is the basis for termination of the contract about transfer on a grant basis to the Private partner of rights to use by results of intellectual activities, stipulated in Item 177 Standard agreements.
178. The private partner guarantees that by the time of assignment of rights on the results of intellectual activities specified in Item 176 of the Standard agreement it is legal owner of all exclusive property rights on results of intellectual activities, the Private partner settles all relations concerning the third party rights to results of intellectual activities, and results of intellectual activities is free from any rights and requirements of the third parties. The private partner bears complete responsibility according to all requirements, claims and claims of any third parties for exclusive rights of results of intellectual activities.
179. Along with transfer of results of intellectual activities to the State partner passes the property right to results of intellectual activities to the State partner, and pass exclusive property rights to their use.
The state partner has the right to dispose of results of intellectual activities and to exercise exclusive property rights on their use in any form, in any manner and at discretion:
1) to reproduce results of intellectual activities (the right to reproduction);
2) to extend results of intellectual activities in any manner: sell, make other transactions (the right to distribution);
3) publicly to show results of intellectual activities (the right to public display);
4) to make in written coordination with the author changes to results of intellectual activities, to remake, or in any other manner to process in written coordination with the author results of intellectual activities for commercial feasibility (the right to conversion);
5) practically to implement, use results of intellectual activities.
180. Provision to the State partner of the rights to use the objects of intellectual activities which are not provided in Item 176 of the Standard agreement and belonging to the Private partner is performed based on separate contracts and agreements which shall correspond to the following conditions: _______________ (to specify conditions).
181. The parties determine the risks which are subject to insurance which the Private partner insures in the procedure established by the legislation.
182. Insurance is provided for the property risks and risks of responsibility connected with:
1) transportation and warehousing of the freights delivered to the venue of construction;
2) the property of the Private partner used in ________________ (construction, creation, reconstruction, upgrade and/or operation – to specify necessary) including the property leased or used on leasing;
3) environmental pollution, including the earth, and liquidation expenses of consequences of the damage caused to the surrounding environment;
4) common civil responsibility before the third parties.
183. The private partner applying for receipt of the guarantee of the state on loans shall have the insurance contract meeting requirements of ensuring recoverability of the loan attracted under the guarantee of the state provided with the following provisions: ______________________ (it is detailed to specify conditions of provision of the guarantee of the state or if necessary to specify in the stand-alone program).
184. The private partner at discretion chooses insurance companies according to the legislation of the Republic of Kazakhstan on insurance activity.
185. Provisions of the Standard agreement, the information obtained or acquired by any party in the course of accomplishment of the Standard agreement are confidential. The parties can use confidential information for creation of necessary reports.
186. The parties have no right to transfer confidential information to the third parties without the consent of other Party, except as specified:
1) submissions of information on requests of judicial or law enforcement agencies according to the procedure, provided by the civil and procedural and criminal procedure legislation of the Republic of Kazakhstan;
2) when information is provided to state bodies which are competent to receive financial and other reporting according to the legislation of the Republic of Kazakhstan on financial accounting and the financial reporting;
3) when information is provided to the third party rendering services to the Private partner provided that such third party undertakes the obligation to consider such information as confidential and to use it only in the purposes established by the Parties provided by the standard agreement;
4) when information is provided to the institutional investor with whom the Private partner conducts negotiations on attraction in the project of PPP of financial resources provided that the institutional investor undertakes the obligation to consider such information as confidential and to use it only for the purpose of, the PPP provided by the project.
187. According to all documents, information and reports relating to carrying out __________________________ object of PPP (constructions, creations, reconstruction, upgrades, to operation – to specify necessary) maintaining confidentiality term in _____ is established years.
188. The parties will not bear responsibility for non-execution or improper execution of any obligations according to the Standard agreement if such non-execution or improper execution are caused by force majeure circumstances.
189. Circumstances extraordinary and unforeseen under existing conditions which directly influenced accomplishment of obligations by the Parties according to the Standard agreement belong to force majeure circumstances. The provided list is not exhaustive. Absence or deficit in the market of the services or materials necessary for performance of works do not belong to such circumstances, in particular.
190. In case of force majeure circumstances the Party which was injured from them within 5 (five) days notifies on it other Party by delivery or sending by mail the written notice specifying start date and the description of force majeur circumstances.
191. In case of force majeur circumstances of the Party without delay hold negotiations for search of the solution of exit from the current situation and use all means for minimizing of consequences of such circumstances.
192. In case of the complete or partial suspension of works on the Standard agreement caused by force majeur circumstances, the period of carrying out these works is prolonged for effective period of force majeure and renews from the moment of the termination of force majeure.
193. For the purpose of safety and environmental protection the Private partner shall:
1) in case of works on construction, creation, reconstruction, upgrade, operation of object of PPP to observe and control observance of regulations and requirements the established regulatory legal acts of the Republic of Kazakhstan to safety of personnel attracted to construction of creation, reconstruction, upgrade, operation of object of PPP;
2) to provide observance of the regulations and requirements established by regulatory legal acts of the Republic of Kazakhstan, shown to safety of personnel to the PPP attracted to ensuring functioning of object;
3) to provide observance of regulations by quantity and the chemical composition of emissions in the atmosphere as a result of functioning of object of PPP, according to the ecological legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan;
4) to undertake all necessary measures for accident prevention and other dangerous situations creating threat of life and to human health and the environment and also threat of destruction of property, being guided by positive practice of conducting works;
5) to provide holding other actions according to the ecological legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan in the field of protection of ecology, directed to minimization of damage of ecology caused by activities of the Private partner in case of operation of object of PPP.
194. Work on construction, creation, reconstruction, upgrade, operation of object of PPP is forbidden if they pose hazard to life and human health.
195. The main requirements for ensuring safe work for the Standard agreement are:
1) the admission to works of persons having special preparation and qualification, and to management of construction works - the persons having the corresponding vocational education, who had obligatory medical examinations according to the legislation in the field of health care;
2) providing persons occupied in case of construction works, special clothes, means of individual and collective protection;
3) use of the machines, the equipment and materials conforming to safety requirements both health regulations and hygienic standard rates;
4) accounting, proper storage and expenditure of explosives and blasting agents, and also correct and their safe use;
5) carrying out complex of the geological, surveying and other observations necessary and works, sufficient for providing production cycle, and forecasting of dangerous situations, timely determination and drawing on plans of mining operations of danger areas;
6) systematic control of atmosphere condition, content in it of oxygen, harmful and explosive gases and dust;
7) timely replenishment of technical documentation and liquidation plans of accidents this, specifying borders of zones of safe operation;
8) observance of project systems, projects and technological schemes of development and arrangement of constructions.
196. Officials of the Private partner in case of direct threat of life and to health of workers shall suspend immediately works and provide transportation of people to the safe place.
197. In case of direct threat of life and to health of the population the Private partner shall inform on it local executive bodies without delay.
198. In case of threat of life and to health of the population in zone of influence of activities for the Standard agreement the Private partner shall suspend works and has no right to renew without creation safe for health and life of the population of conditions and prevention of the arisen threat. In case of impossibility of acceptance of other measures for prevention of threat the Private partner has the right to resume works on the Standard agreement only after resettlement of the population from danger areas.
199. The private partner compensates the harm done because of the Private partner to the health of the citizen connected with execution of contractual commitments by it before the Private partner and labor obligations according to the labor law of the Republic of Kazakhstan.
200. The private partner shall develop programs of actions for accident prevention and other dangerous situations and approve them as a part of project documents.
201. All appendices and amendments to the Standard agreement shall be signed by plenipotentiaries of the Parties.
202. Any correspondence on the Standard agreement is sent to the following addresses:
State partner ____________________
Private partner ____________________________
The correspondence on the Standard agreement changing conditions of the Standard agreement has no legal force.
203. Change of legal position or form of business of the Parties does not terminate the Standard agreement, and all rights and obligations pass to the corresponding legal successors, except as specified, when the Parties show willingness to terminate the Standard agreement, to change it, or rules of law require its renewal. At the same time the Parties shall inform each other on change of legal status, the location and other details within 3 (three) calendar days in writing.
36. Addresses and details of the parties:
State partner Private partner
_____________________ _____________________
(full name) (full name)
_____________________ _____________________
(bank details) (bank details)
_____________________ _____________________
(address) (address)
_____________________ _____________________
(phone, fax) (phone, fax)
_____________________ _____________________
Surname, name, middle name Surname, name, middle name
(in case of its availability) (in case of its availability)
_____________________ _____________________
(signature) (signature)
"___ " _________ ____ " ___ "_________ ____.
L. S. OF M.P.
This Standard agreement regulates the legal relationship arising between the State partner and the Private partner. The state partner, using this Standard Agreement, shall develop based on tender results by determination of the private partner or direct negotiations the final draft agreement of PPP. At the same time any changes and amendments made to this Standard agreement shall correspond to the legislation of the Republic of Kazakhstan on public-private partnership, the tender documentation of the State partner, including the institutional scheme of the project of PPP, the bid of the Private partner and the Protocol on tender results. The explanations italicized in this Standard agreement are filled with the State partner.
to the Standard agreement of PPP on methods of implementation of PPP in separate industries (spheres) of economy of November 25, 2015 No. 724
Object of PPP
|
Signatures of the Parties |
___________________ |
Note: the description of the created, modernized, reconstructed object of PPP, technical and economic specifications, including the information about structure of property, technical condition, service life, expected initial, residual and replacement cost of object of PPP, technology and processing equipment, conditions about the rights of the private partner to object of PPP, including about the rights on incomplete by construction object of PPP in case of termination of the contract of PPP is in detail specified in appendix.
to the Standard agreement of PPP on methods of implementation of PPP in separate industries (spheres) of economy of November 25, 2015 No. 724
Service conditions of object of PPP in various industries of economy
1. General terms of lease of object of PPP
1. Transfer of object of PPP to lease is performed under the delivery-acceptance certificate (with reflection of actual state of object of PPP at the time of transfer) which is signed by representatives of the Private partner, the asset holder both affirms the State partner and is integral part of this Standard agreement.
2. Signing of the Standard agreement the State partner and written consent the asset holder, certifies that the handed-over object of PPP at the time of transfer will not be pledged, is not sold, will not be is under arrest and cannot be requested during action of the Standard agreement by the third parties who do not have relations to the Standard agreement.
3. The standard agreement is subject to state registration according to the Law of the Republic of Kazakhstan "About state registration of the rights to real estate" of July 26, 2007 and condition about lease of object of PPP are considered become effective from the moment of such registration.
State registration of the Standard agreement is performed at the expense of means of the Private partner.
4. The private partner bears complete responsibility for ensuring fire and electrical safety, for the correct operation of technical means and the engineering equipment in the rented rooms, and also for consequences of improper execution provided by this Item of conditions.
5. The state partner has the right:
1) in coordination with the asset holder to give the written permission to the Private partner on re-planning or re-equipment of object of the PPP located in it networks and communications and transfer the sublease;
2) to exercise control of timeliness and completeness of transfer of the rent;
3) to add penalty fee for inopportuneness of introduction of the rent;
4) to perform checks of target use of object of PPP.
6. The private partner has the right:
1) to bring the rent in advance;
2) from written consent of the asset holder to apply to the State partner for permission to re-planning or re-equipment of object of the PPP located in it networks and communications and transfer to the sublease.
7. The state partner shall:
1) to provide transfer of object of PPP by the asset holder to the Private partner in the delivery-acceptance certificate and its approval in time no more
10 (ten) working days from the date of the conclusion of the agreement;
2) not to interfere with the Private partner to own and use object of PPP in the procedure established by the agreement;
3) in case of change of the amount of the rent in writing to notify on it the Private partner a month before the next term of introduction of the rent;
To send 4) to the Private partner the notice on charge of penalty fee and penalties for overdue lease payments no later than ten calendar days to the next term of introduction of the rent.
8. The private partner shall:
1) to bring monthly the rent, and also other lease payments (penalties, penalty fee);
2) quarterly to make reconciliation of settlings with the State partner with provision of copies of payment orders (receipts) within 3 (three) working days after introduction of the rent (penalties, penalty fee);
3) to use the accepted object of the PPP only for the purpose of provided by the Standard agreement;
4) to contain object of PPP as appropriate, not to make the actions capable to cause damage of object of PPP or the engineering communications located in it;
5) to support object of PPP in good repair, to make at own expense running repair and to incur expenses on content of property, and also to make capital repairs in the terms coordinated by the parties;
6) in case of failure of separate elements of object of PPP, the engineering equipment, both because of the Private partner, and owing to natural wear to perform repair work at own expense;
Not to perform 7) without preliminary written permission of the State partner re-planning or re-equipment of object of the PPP located in it networks and communications;
8) freely to allow on object of PPP and the parcel of land on which there is object of the PPP, representatives of the State partner, services of sanitary inspection and other state bodies controlling compliance with law of the Republic of Kazakhstan and other regulations, of the concerning procedure for use and operation of object of PPP, in the terms established by them to eliminate the fixed violations;
9) not to pledge the rights according to the Standard agreement, not to bring them as contribution to the authorized capital of economic partnerships, joint-stock companies or fee to production cooperative;
10) one year prior to the expiration of the Standard agreement to submit the written application about desire to extend lease of object of PPP. Lack of that statement gives the grounds to the State partner to transfer object of PPP to property employment (lease) to other legal entities or physical persons;
11) in case of termination or the expiration of the Standard agreement to provide return of object of PPP within 10 (ten) calendar days to the asset holder under the delivery-acceptance certificate signed by the Private partner and the asset holder and approved by the State partner;
12) in case of reduction of object of PPP in the condition unsuitable for use because of the Private partner to carry out recovery work at the expense of own means;
13) to indemnify loss in case of return of object of PPP in non-working or unsatisfactory technical condition (with the depreciation exceeding normative indicators).
9. Upon the demand of the State partner the Standard agreement can be terminated and object of PPP is returned to the asset holder in the following cases:
1) if the Private partner uses object of PPP with fundamental breach of conditions of the Standard agreement, despite the written warning of the State partner of the termination of such actions;
2) if the Private partner uses the object of PPP transferred according to the Standard agreement, not on purpose;
3) if the Private partner intentionally or on imprudence significantly worsens object of PPP;
4) if the Private partner more than two times after the payment due date established by the Standard agreement does not bring the rent for use of PPP of object;
5) if the Private partner does not make capital repairs of object of PPP in the terms established by the standard agreement, and in the absence of them in the agreement – in reasonable time when according to the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities or the agreement the obligation of capital repairs lies on the Private partner, the State partner has the right to require early termination of the Standard agreement only after provision to the Private partner of possibility of execution of the obligation in reasonable time;
6) adoptions by the State partner of the decision on withdrawal of object of PPP;
7) according to the written application of the asset holder addressed to the State project with reasons for termination causes of the Standard agreement.
10. The agreement can be ahead of schedule terminated upon the demand of the Private partner in the following cases:
1) the asset holder does not provide object of PPP in use to the Private partner, or creates obstacles to use of PPP of object in accordance with the terms of the agreement or purpose of object of PPP;
2) the asset holder of object of PPP does not make in the terms established by the Standard agreement, and in the absence of them in the Standard agreement – in reasonable time the obligation of capital repairs of object of PPP assigned to it;
3) the object of PPP transferred to the Private partner has the shortcomings interfering its use which were not stipulated by the State partner in case of the conclusion of the Standard agreement, were not known to the Private partner and could not be found by it during survey of object of PPP or check of its serviceability in case of the conclusion of the Standard agreement;
4) if object of PPP in accordance with the circumstances for which the Private partner is not responsible is able, not suitable for use.
11. If the Private partner made at the expense of own means and with the consent of the asset holder and the written permission of authorized body on state-owned property (local executive bodies) of improvement, inseparable without harm for object of PPP, the Private partner has the right after the termination of the Standard agreement to compensation by the asset holder of cost of these improvements if other is not provided civil by legal acts of the Republic of Kazakhstan.
The separable improvements of object of PPP made by the Private partner are its property.
The cost of the inseparable improvements made by the Private partner without the consent of the State partner and the asset holder is not subject to compensation.
12. Charges of the rent for delivery in property employment (lease) are made until return of object of PPP to the asset holder under the delivery-acceptance certificate of object of PPP.
The delivery-acceptance certificate signed by the Private partner and the asset holder and approved by the State partner is the document confirming the fact of the end of property hiring (lease).
2. General terms of trust management of object of PPP
1. The state partner delivers to the Private partner object of PPP in trust management, and the Private partner shall exercise control of object of PPP for the benefit of the State partner who acts as the beneficiary under this agreement.
2. Joint activities of companions will be performed in the following procedure: __________________ (it is detailed to specify stages, terms and other conditions of joint activities or if necessary to specify in the stand-alone program). Joins if it is provided by the project of PPP.
3. The private partner exercises trust management of object of PPP without the right of alienation and its transfer as a deposit.
4. The basis certifying the right of the Private partner to implementation of trust management of object of PPP is this Agreement.
5. The state partner confirms that object of PPP for date of its transfer to the Private partner:
1) is not in pledge;
2) it is encumbered / not encumbered with the third party rights;
3) it is not offered for sale.
6. Transfer of object of PPP to trust management does not attract transition of the property right to it to the Private partner.
7. The rights and obligations of the Private partner in management of object of PPP arise after the date of transmission of object of PPP to the Private partner. Transfer of object of PPP is performed in the way (creation of the delivery-acceptance certificate, entering of the corresponding record into the shareholder register, members of limited liability partnership according to the legislation of the Republic of Kazakhstan on joint-stock companies and on limited liability partnerships or other depending on object of the PPP delivered in trust management).
8. The state partner has the right:
1) to obtain information (report) on activities of the Private partner in management of object of PPP on the written request;
2) without interfering with activities of the Private partner, to control accomplishment of obligations of the Private partner under this agreement, including by carrying out monitoring of effective management of object of PPP, hearing of the report of the Private partner in accomplishment of agreement obligations;
3) to make actions stipulated by the legislation the Republic of Kazakhstan.
9. The private partner has the right:
To make 1) concerning the object of PPP delivered in trust management legal and actual acts for the benefit of the State partner;
2) on compensation of the necessary expenses made by it in case of trust management of object of PPP only for the income account from use of property of object of the PPP delivered to it in trust management;
3) to perform the rights, except for the rights to remuneration, stipulated by the legislation the Republic of Kazakhstan about public-private partnership, taking into account the restrictions set by this Agreement;
4) on acquisition of the object of PPP delivered to it in trust management.
10. The state partner shall:
1) to transfer object of PPP to the Private partner to the terms established by this Agreement;
To transfer 2) to the Private partner necessary documents for implementation of its obligations under this agreement;
3) during the term of this agreement without notice the Private partner not to make decisions on transfer of object of PPP to trust management to the third parties;
4) not to pledge object of PPP, not to encumber with the third party rights and not to offer for sale to the third parties during the term of this agreement.
11. The private partner shall:
1) to exercise effective management of object of PPP;
2) to ensure safety of object of PPP;
3) to make transactions with the object of PPP delivered in trust management on its own behalf, specifying at the same time that it is effective as the Private partner;
4) to receive all allowing documents from authorized state bodies which are necessary according to the civil legislation of the Republic of Kazakhstan;
5) to perform the rights and obligations of the Private partner according to this Agreement;
6) not to make any legal and actual acts involving the actual alienation of object of PPP, including its transfer as a deposit;
7) to pay to the State partner the damages caused owing to improper execution of the Agreement by him;
8) to fulfill the duties resulting from actions for trust management for the purpose of proper execution of the Agreement;
9) to provide to the State partner the report on the activities ______________________________________________ (provision terms);
10) to perform state registration of transfer to trust management of real estate;
11) to transfer object of PPP to the State partner in case of the termination of this Agreement (the expiration of the agreement, early termination);
12) other obligations (depending on object of the PPP delivered in trust management).
12. The private partner bears responsibility for any harm or damage caused to them to interests of the State partner under management of object of PPP, except for the harm or damage caused by force majeure.
13. The parties bear responsibility for non-execution or improper execution of the obligations under this agreement according to the legislation of the Republic of Kazakhstan on public-private partnership.
14. Control over the implementation of terms of this agreement is exercised by the State partner.
For this purpose the State partner can also form the commission with participation of representatives of other interested state bodies. The private partner shall submit for consideration of such commission necessary documents and reports on form and in the terms established by the commission.
15. In all the rest that is not provided by this Agreement, the parties will be guided by the legislation of the Republic of Kazakhstan on public-private partnership.
16. The termination of effective period of this Agreement involves discharge of the Parties of it, but does not exempt the Party of this Agreement from liability for its violations if those took place in case of execution of terms of this agreement by the Parties.
3. General terms of joint activities in case of operation of object of PPP
1. The parties of the Standard agreement (companions) on the basis of consolidation of property and efforts shall cooperate in area of the organization of coproduction and sale of the following products, works, услуг:________________________________________________.
2. Joint activities of companions will be performed according to appendix 5 to the Standard agreement in which the parties will determine stages, terms and other conditions.
3. The parties foot the bill on accomplishment of obligations in the amount of:
- the 1st companion as contribution brings: ______________________;
- the 2nd companion as contribution brings: ______________________.
4. The common property of companions by assessment approved between the parties constitutes __________ %, the 2nd _______ %. The parties dispose of shares in common property only by common consent.
5. The common property is considered on separate balance of the 1st companion, money deposits are made by money transfer on the settlement account.
6. Products made as a result of joint activities are implemented through _____________________________________.
7. Income gained from sales of products is distributed between the parties in proportion to shares of companions.
8. The parties can involve in accomplishment of the obligations of the third parties, assuming responsibility to other party for their actions.
9. Execution of documentation and the common directorship over conducting joint cases undertakes _____________________________________.
10. The consent of all companions is required for the solution of the following вопросов:______________________________________________.
11. The parties shall provide each other technical and other information, including documentation necessary for work.
12. Companions shall observe confidentiality concerning the acquired information, and also knowledge, experience about which it is specially stipulated that they have confidential nature.
13. Distribution of the losses which resulted from joint activities is performed in proportion to shares of companions.
14. The party which violated the obligations according to the Standard agreement shall inform immediately on it other party and make everything from it depending for violation elimination.
|
Signatures of the Parties |
_____________________ |
Note: other necessary service conditions of object of PPP can be specified in appendix in addition to the conditions provided below in detail.
Appendix 3
to the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 724
The name of the project of public-private partnership (further - PPP):
"Construction and operation of kindergarten on _____ places in ____________________
(specify the name and the location of the settlement)"
Location of object of PPP:
________________________________________________________________________________
(the location of object of PPP is specified)
State partner:
________________________________________________________________________________
(specify full name, the location of the state partner,
business and identification number, bank details)
Organizer of tender:
________________________________________________________________________________
(specify full name, the location of the organizer Konkurs,
business and identification number, bank details)
Cost of packet of the Tender documentation:
________________________________________________________________________________
(specify the cost of the Tender documentation in tenge or if collection
the payment for provision of the Tender documentation is not provided, this
the Item needs to be stated in the following edition: "Tender documentation
it is provided free of charge").
1. Determinations
1. In this Standard tender documentation of the project of PPP in education (kindergarten) the following concepts are used:
1) akimat (MIO) - local executive body;
2) the bid of the potential private partner (further - the Bid) - set of the documents and data provided by the potential private partner for participation in Tender in the form established by the Standard tender documentation of the project of PPP in education (kindergarten);
3) the standard tender documentation of the project of PPP in education (kindergarten) (further - Standard KD) - the Standard tender documentation of the project of PPP in education (kindergarten) developed for determination of conditions and procedure for carrying out Tender and provided by the Organizer of tender to potential private partners for preparation of Bids and participation in Tender at the choice of the Private partner;
4) the standard agreement of PPP in education (kindergarten) (further - the Standard agreement) - the agreement signed by the Organizer of tender with the winner Konkursa based on the decision;
5) the preparatory period - the period beginning with the moment of the introduction of the Standard agreement in force and prior to carrying out construction works which includes the period of financial closing, development and approval of the design estimates, the solution of other questions of the PPP connected with preparation for asset construction;
6) the private partner (further - the Private partner) - the individual entrepreneur, particular partnership, consortium or the legal entity, except for persons acting as the state partners according to the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership" (further - the Law), the signed Standard agreement;
7) sources of cost recovery and receipt of the income of the Private partner - payment of means to the Private partner, the stipulated in Article 9 Laws, according to the procedure and the terms established in the agreement;
8) the parcel of land - the parcel of land necessary for construction and operation of the Object of PPP, in accordance with the terms of the Standard agreement;
9) the legislation - set of the regulatory legal acts adopted in accordance with the established procedure and operating in the territory of the Republic of Kazakhstan;
10) the commission - the commission concerning the Object of the PPP relating to municipal property created in the procedure established by the legislation;
11) envelope - box or the different way of packaging of the Bid ensuring its representation in integrity and safety;
12) tender - open tender at the choice of the Private partner with use of the simplified competitive procedures, on the Project of PPP "Construction and operation of kindergarten on ____ places in __________ (to specify the name and the location of the settlement)";
13) rules - the Rules of planning and project implementation of public-private partnership approved by the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 725 (registered in the Register of state registration of regulatory legal acts for No. 12717) (further - Rules);
14) the organizer of tender - public institution "__________";
15) state partner - The Republic of Kazakhstan, on behalf of public institution "___________";
16) the project of PPP - the project of PPP on construction and operation of kindergarten on ____ places in __________ (to specify the name and the location of the settlement);
17) object of PPP - kindergarten (in case of planning of several kindergartens it is necessary to list them) on ____ places in __________ (to specify the name and the location of the settlement), construction and which operation is performed within project implementation of PPP;
18) consumers of services of the Object of PPP (further - consumers) - the parents (equated to them persons) and the children of preschool age (to ___ years) living in __________ (to specify the name and the location of the settlement) who stand in queue on receipt of the place in the state kindergarten in public institution "______________" __________;
19) operation of the Object of PPP - use of the Object of PPP by the Private partner according to purpose of the Object of PPP, including for the purpose of rendering Services according to the procedure and on the conditions determined by the Standard agreement;
20) creation of the Object of PPP - asset construction of PPP, including on the basis of new technologies, mechanization and automation of production, installation of production equipment on the Object of PPP, production of other work types providing functioning of the Object of PPP;
21) the term of asset construction of PPP - the term provided by the Contract and the design estimates for asset construction of PPP, counted from start date before date of completion of construction works;
22) criteria of determination of the best Bid (further - Criteria) - the criteria established in Standard KD based on which the Bid of the Participant Konkurs is recognized to the best;
23) the draft agreement - the draft of the written agreement between the State partner and the Private partner, determining the rights, obligations and responsibility of the parties, sales terms of PPP.
2. General provisions
2. Standard KD is developed for the purpose of provision to potential private partners of the complete information about conditions of their participation in Tender.
3. Competition is held according to the Law, Rules and other regulatory legal acts of the Republic of Kazakhstan.
4. The form of the project description of PPP is specified in appendix 1 to Standard KD.
5. Detailed descriptions in technical parameters are provided in project and estimate documentation / the standard project / prototype project solutions / the project of repeated application (to specify necessary) attached to Standard KD.
According to Item 7 of Article 154-3 of the Budget code of the Republic of Kazakhstan of December 4, 2008 the Private partner in the terms established by the Standard agreement performs binding of the available project and estimate documentation / the standard project / standard project the decision/project of repeated application (to specify necessary) to the specific platform of the Project of PPP taking into account the marketing and financial and economic parameters containing in the concept of the Project of PPP.
6. Requirements to construction and operation of the Object of PPP are provided in the Draft agreement.
3. Contest committee
7. Consideration and selection of Bids is performed by the Commission created by the resolution of Akimat from "___". __________ 20 __ years No. ___ "About creation of the contest committee by determination of the private partner".
8. The main objectives of the Commission are:
1) consideration and selection of the Bids submitted by potential private partners regarding completeness and proper document creation, and also their compliance to qualification requirements;
2) consideration of Bids and determination of the best Bid;
3) negotiation on refining of the Project of PPP and conditions of the Draft agreement;
4) approval of the Bid following the results of Konkurs and recognition of the applicant by the winner Konkursa.
9. According to the tasks the Commission has the right:
1) to invite to commission sessions and to hear representatives of the interested state bodies and the organizations for the questions entering competence of the Commission;
To attract 2) as required specialists, experts and scientists to the analysis and studying of problematic issues of the Project of PPP;
3) in the procedure established by the legislation to request and receive the materials necessary for realization of tasks of the Commission from the state and other organizations.
10. The commission is headed by the chairman - the akim/deputy akim (to specify necessary) the relevant local executive body. The commission chairman performs the common directorship of activities of the Commission, plans its work, determines the actions directed to improvement of quality and efficiency of the made decisions, bears the personal responsibility for activities of the Commission.
11. During absence of the chairman of its function according to its order one of vice-chairmen of the Commission carries out.
12. Deputy akims of the relevant local executive body, the first heads of departments of education, economy and budgetary planning, finance, entrepreneurship and industrial and innovative development, power and housing and communal services, construction of architecture and town planning, passenger transport and highways, land relations, natural resources and regulation of environmental management, and also representatives of National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken are part of the Commission.
13. Working body of the Commission is the Organizer of tender.
14. The working body of the Commission performs activities organizational technical supply.
15. The secretary of the Commission is the representative Organizatora Konkursa who prepares necessary documents and materials according to the agenda of commission session and draws up the minutes.
16. Commission sessions are held as required and it is considered competent in case of presence of simple majority of members of the commission.
17. Decisions of the Commission are made by open voting and are considered accepted if for them the majority of votes of the members of the commission who are present at meeting is given and are drawn up by the minutes of the Commission signed without fail by all present members of the commission and the secretary of the Commission. In case of equality of votes the decision for which the chairman voted is deemed accepted.
18. Members of the commission have the right to special opinion which, in case of its expression, shall be stated in writing and attached to the protocol of the Commission.
19. Following the results of commission session the working body sends the copy of the protocol to the interested persons who were present at commission session, no later than 2 (two) working days following behind day of the specified commission session, and absent - by their written request in time, no later than 2 (two) working days from the date of receipt of request.
20. The commission stops the activities based on the resolution of Akimat.
4. Main actions of carrying out Tender
21. Tender provides the main actions provided in appendix 2 to Standard KD.
5. Content of Standard KD
22. Standard KD contains the following information:
1) requirements to the documents confirming compliance of potential private partners to imposed qualification requirements are provided according to the list of the documents submitted by potential private partners in confirmation of their compliance to qualification requirements according to appendix 3 to Standard KD;
2) location of object of PPP;
3) expected types and amounts of the state support, and also sources of cost recovery and receipt of the income on the project of PPP;
4) draft agreement of PPP;
5) description of criteria of determination of the best bid;
6) specifying of currency in which parameters of the project of PPP, and currency rate which will be applied to reduction to common currency for the purpose of their comparison and assessment shall be expressed;
7) requirements to language of submission of the bid;
8) specifying on the right of the potential private partner to change or withdraw the bid before the expiration of submission of bids;
9) contents of the bid, method, place, term of representation and action of bids, and also conditions of introduction of providing bid;
10) methods of receipt of explanations on contents of the Tender documentation of the project of PPP;
11) procedures, the place, date and time of opening of envelopes with bids.
23. Standard KD is developed in the state and Russian languages.
24. Effective period of the Tender documentation ___ (to specify in cursive script, but no more than three years) years from the date of its approval.
25. The organizer of tender provides the copy of the Tender documentation to potential private partners through specially created Internet resource (web portal) or other electronic method. By provision on paper Standard KD is provided in the form of the copy from the original (the approved and coordinated Tender documentation polistno initialed by the Organizer of tender). The copy of the Tender documentation is provided to representatives of the potential private partner free of charge / ________ (to specify in cursive script) tenge (to specify necessary) and with obligatory registration by the Organizer of tender in the relevant magazine.
26. The provided in the Tender documentation and in its appendices, technical parameters of the Object of PPP are obligatory for potential private partners by preparation and submission of Bids.
27. The disputes connected with the conditions provided by the Tender documentation and carrying out Tender are permitted by negotiations according to requirements of the legislation and with the procedures of the dispute resolution approved in the Agreement.
28. If the disputes connected with the conditions provided by the Tender documentation, carrying out Tender cannot be resolved according to Item 27 of the Tender documentation, then the Parties have the right to resolve dispute according to requirements of the legislation judicially, and also by the address to international arbitration according to the Law of the Republic of Kazakhstan of April 8, 2016 "About arbitration".
6. Explanation and discussion of provisions of the Tender documentation
29. Persons who received the Tender documentation in case of need make inquiry to the organizer Konkursa about explanation of provisions of the Tender documentation, but no later than 30 (thirty) calendar days before the expiration of final term of submission of Bids. When carrying out repeated Konkursa persons, data on whom are entered in the magazine of registration of persons who received the Tender documentation if necessary, make inquiry about explanation of provisions of the Tender documentation, but no later than 15 (fifteen) calendar days before the expiration of final term of provision of Bids.
30. The request about explanation of provisions of the Tender documentation is represented through specially created Internet resource (web portal) or in writing, on paper, in one copy, on state or Russian or in other language with appendix of the accurate (notarized) translation on state or Russian. The request of the potential private partner shall be addressed to the Organizer Konkursa and is sent to the address: Republic of Kazakhstan, _______________ area, city ____________, st. _______, No. ___, public institution "___________________________", No. office ____. The request shall be constituted according to requirements of the legislation and include the name of the potential private partner from which the request, and the address to which it is necessary to direct the answer arrives.
31. The organizer of tender within 3 (three) working days from the date of registration of request directs the answer to it and without specifying from whom the request arrived:
1) is told by such explanation to all potential private partners to whom the Organizer of tender submitted the Tender documentation;
2) directs explanations of provisions of the Tender documentation through specially created Internet resource (web portal) or publishes the text of explanation on official Internet resource of public institution "___________________".
32. For explanation of provisions of the Tender documentation the Organizer of tender holds meeting with potential private partners, at __:00 o'clock "__" ________ 20 __ years to the address: Republic of Kazakhstan, _________________ area, city ______________, st. _________, __, No. office ___.
33. Following the results of meeting on explanation of provisions of the Tender documentation the Organizer of tender constitutes the protocol containing the requests provided during this meeting about explanation of the Tender documentation without specifying of their source and also responses to these requests.
34. The protocol of meeting with potential private partners is signed by persons representing the Organizer Konkurs and also potential private partners or their authorized representatives.
35. The copy of the specified protocol no later than 1 (one) working day from the date of its registration and signing by the Organizer of tender goes to the Commission and all potential private partners to whom the Organizer of tender submitted the Tender documentation.
The protocol on explanation of provisions of the Tender documentation is placed on specially created Internet resource (web portal) or is published on official Internet resource of public institution "___________________".
36. If the meeting with potential private partners in explanation of provisions of the Tender documentation did not take place because of absence of Potential private partners or their authorized representatives in the date and time appointed Item 32 of the Tender documentation, the Organizer of tender within 1 (one) working day from the specified date in writing notifies the Commission on such fact.
37. In case of receipt of offers from potential private partners, for the purpose of forming of optimal solutions on financial, legal and other necessary parameters of the Project of PPP, to measures of the state support, selection criteria of the Private partner and other decisions, taking into account requirements and opportunities of each of the interested potential private partners the Organizer of tender, if necessary, will organize competitive dialogue. All participants of competitive dialogue observe confidentiality of information obtained during its carrying out according to the legislation.
7. Modification and/or amendments in the Tender documentation
38. The organizer of tender in time no later than 20 (twenty) calendar days before the expiration of final term of submission of Bids on own initiative or in response to request of the potential private partner can make changes and/or additions to the Tender documentation, and when carrying out repeated Tender - in time no later than 10 (ten) calendar days.
39. The organizer of tender no later than 1 (one) working day from the date of decision making about modification and/or amendments in the Tender documentation represents the text of the made changes and/or additions to the Tender documentation to all potential private partners. At the same time the term of submission of Bids is prolonged by the Organizer of tender for term 30 (thirty) at least calendar days for accounting by potential private partners of these changes and/or amendments in Bids, and in case of repeated tender by determination of the Private partner - for the term of at least 15 (fifteen) calendar days.
40. The made changes and/or additions are binding.
41. Modification and/or amendments in the Tender documentation is performed according to the procedure, established by Rules.
8. Types and amounts of the state support, and also sources of cost recovery and receipt of the income of the Private partner
42. During project implementation of PPP the private partner has the right to measures of the state support, cost recovery and receipt of the income (to specify necessary) from sources of cost recovery and receipt of the income specified in the Project description of PPP according to appendix 1 to Standard KD.
43. The size, procedure and payment due dates of measures of the state support, cost recovery and receipt of the income (to specify necessary) are established by the Agreement according to the legislation.
9. Qualification selection
44. According to article 32 of the Law for participation in Tender the Potential private partner shall conform to the following qualification requirements:
1) to have legal capacity (for legal entities) and civil capacity to act (for the individual entrepreneur);
2) to be solvent, not to have tax debt;
To have 3) financial and/or material, and/or the manpower necessary for obligation fulfillment according to the Standard agreement;
4) not to be subject to insolvency proceeding or liquidation, shall not be seized its property, its financial and economic activities shall not be suspended according to the legislation;
5) not to be made responsible for non-execution and/or improper execution of obligations by it under the agreements of PPP signed within the last three years based on the judgment which took legal effect about recognition by the unfair potential private partner.
45. The potential private partner has the right to finance the Project of PPP with own means and with attraction of borrowed funds.
46. The organizer of tender has no right to impose on the potential private partner the qualification requirements which are not provided by the Law. The potential private partner has the right not to provide information which is not relating to qualification requirements.
47. Representation by potential private partners of the documents confirming their compliance to imposed qualification requirements is performed till ___:00 o'clock "____" by __________ 20 ___ years.
48. According to Rules the potential private partner to its qualification requirements submits to confirmation of conformity to the Organizer Konkursa the documents given in appendix 3 to Standard KD.
49. The potential private partner in case of provision of unreliable information on compliance to qualification requirements is not allowed to participation in tender by determination of the Private partner within the next three years from the moment of recognition by its court by the unfair potential private partner.
50. Accuracy of the information on qualification requirements, provided by the potential private partner, can be established by the Commission, the Organizer of tender, authorized state bodies at any stage of carrying out Tender.
51. Persons which determined the fact of representation by the potential private partner of unreliable information in qualification requirements no later than 3 (three) working days from the date of establishment of such fact in writing notify on it the Organizer Konkurs and the central authorized body on state planning with appendix to the notification of the copy of the documents confirming the fact of provision of unreliable information and apply measures according to Rules.
52. The organizer of tender performs qualification selection by means of evaluating compliance of potential private partners to qualification requirements within 15 (fifteen) working days from the moment of the termination of term of provision of documents.
53. In case of detection of discrepancy to requirements to the documents confirming compliance of potential private partners to imposed qualification requirements, the Organizer of tender notifies the potential private partner on elimination of the revealed discrepancies within 10 (ten) calendar days.
From the date of the direction of the notification and before submission of the relevant documents terms of carrying out qualification selection stop.
The potential private partner who submitted the relevant documents after the term established in the notification are recognized not undergone qualification selection.
54. Results of assessment go to potential private partners the Organizer of tender within 2 (two) working days from the date of the end of qualification selection.
55. The potential private partner who underwent qualification selection is recognized the participant Konkursa according to article 34 of the Law.
10. The restrictions connected with participation in Tender
56. According to article 33 of the Law, the potential private partner has no right to participate in Tender if:
1) close relatives, the spouse (spouse) or cousins-in-laws of heads of this potential private partner and/or the authorized representative of this potential private partner have power of decision about determination of the Private partner or are the representative Organizatora Konkursa;
2) property of the potential private partner which book value exceeds ten percent from the cost of the corresponding fixed assets it is seized;
3) the Potential private partner has unexecuted obligations according to executive documents and is included by authorized body in the sphere of ensuring execution of executive documents in the Unified register of debtors;
4) financial and economic activities of the potential private partner are suspended according to the legislation or the legislation of the state of the potential private nonresident partner of the Republic of Kazakhstan.
57. The potential private partner and the affiliate of the potential private partner have no right to participate in one Tender by determination of the Private partner.
11. Bid
58. For participation in Konkurs potential private partners submit to the Organizer Konkursa the bids prepared and provided according to requirements of the legislation and the Tender documentation.
59. The bid is drawn up in writing in form by the established appendix 4 to Standard KD and includes including the following information:
1) financial and economic decisions (offers):
financial and economic model;
distribution and risks assessment of the Project of PPP;
amount of own and borrowed funds made in the Project of PPP.
2) technology and other solutions (offers):
attraction of new technologies, the containing decisions on energy saving and energy efficiency in use the Object of PPP;
the term of asset construction of PPP counted from the date of completion of the period of financial closing;
obligations according to local content (in the period of construction and operation of the Object of PPP);
experience of the realized projects in the sphere of preschool education;
availability of qualified specialists.
12. Providing Bids
60. Providing the Bid is brought by the potential private partner as guarantee that he:
Will not withdraw 1) or will not change and/or will not add the Bid after the expiration of submission of bids;
2) will sign the Agreement in case of determination by his winner Konkursa.
61. Providing the Bid on participation in Tender by determination of the Private partner is brought in the amount of one tenth percent from the cost of expected investments on the Standard agreement.
62. The potential private partner chooses one of the following types of providing the Bid:
1) guarantee money contribution which is deposited to account:
Public institution "______________________"
_______________, the street _________, ___ (to specify the name of the settlement)
Business and identification number ___________
Individual identification code _______________
Public institution "Department of Treasury on _____________ areas
Committee of Treasury of the Ministry of Finance of RK"
Bank identification code ______________
2) bank guarantee.
63. Making by the potential private partner of the actions leading to origin at the third parties of right to claim in general or in part on the brought guarantee money contribution before expiration of its Bid is not allowed.
64. Use by the Organizer of tender of the guarantee money contribution brought by the potential private partner, except for the following cases when is not allowed:
The Potential private partner withdrew 1) or changed and/or added the Bid after the expiration of final term of submission of Bids;
2) the Potential private partner determined by the winner Konkursa evaded from the conclusion of the Standard agreement of PPP.
In case of approach of one of the cases provided by this Item, the amount of providing the Bid is credited in the income of the relevant budget.
65. The organizer of tender returns to the potential private partner the providing the Bid brought by it within three working days from the date of approach of one of the following cases:
1) response this potential private partner of the Bid before the expiration of final term of submission of Bids;
2) signings of the protocol on the admission to participation in Tender. The specified case does not extend to the potential private partners recognized as participants of Tender;
3) signings of the protocol on Konkurs's results. The specified case does not extend to the participant Konkurs determined by the winner Konkursa;
4) entries into force of the Agreement;
5) expirations of the Bid of the potential private partner.
13. Procedure for registration and introduction of the documents submitted for participation in Tender
66. The bid is submitted potential private partners before the expiration of final term of their representation specified in Item 78 of the Tender documentation in the stitched type with the numbered and initialed pages, the last page is certified it by the sign and seal, of sealed Envelope.
67. The envelope shall be addressed to the Organizer Konkursa, with indication of on it:
1) full name and the postal address of the potential private partner (for the purpose of return of the Bid which is not opened if it is announced by "late");
2) full name and postal address of the Organizer Konkurs:
Public institution "______________________", the Republic of Kazakhstan, _______________ (to specify the name and the location of the settlement), the street _________, the house ___, No. office ___, ph. 8 (____) __-__- __;
3) names of Tender:
"TENDER at the choice of the PRIVATE PARTNER IN the PROJECT of PPP "the CONSTRUCTION AND OPERATION of KINDERGARTEN ON ____ MEST In __________ (to specify the name and the location of the settlement)"
4) and also words: "NOT OPEN TILL __-00 o'clock" __" ______ 20 __ YEARS"
68. Bids are submitted by Potential private partners, or their authorized representatives to the Organizer Konkursa purposely or with use of custom mail service.
69. The organizer of tender accepts Envelopes with Bids during the term established by the Tender documentation and performs their logging of registration of Bids, from the moment of their provision.
70. The list of documents, constituting the Bid also invests in the Envelope. The inventory shall be provided in language, according to the requirements specified in the Tender documentation is signed by the first head, or the acting as the first head of the potential private partner, or his authorized representative and certified by seal of the potential private partner.
71. The documents constituting the Bid, and other documents submitted on Tender shall be presented in the written (printing) and electronic form, including in the scanned type, except for financial and economic model.
72. Organizer of tender:
1) is checked by availability of documentary confirmation of powers of the representative of the potential private partner who provided the Envelope with the request on behalf of the potential private partner;
2) accepts properly drawn up Envelopes with Bids and brings in the magazine of registration of Bids;
3) accepts changes and amendments to the introduced Bid before the expiration of final term of provision of Bids;
4) is provided by return of the Bid, in case of its response before the expiration of final term of provision of Bids.
73. The bid of the potential private partner is subject to variation in cases when:
1) the potential private partner earlier submits the Bid on participation in this Tender;
2) the Bid arrived after the expiration of acceptance of tender bids on participation in Tender.
74. All documents provided by the potential private partner issued constituted or certified in the established form by competent authorities of foreign states outside the Republic of Kazakhstan on regulations of foreign law shall be legalized by consular establishment of the Republic of Kazakhstan or are certified by putting down of apostille according to the Hague Convention of October 5, 1961. Legalization and putting down of apostille on the provided documents is not required if this procedure concerning the specified documents is cancelled or simplified by the international treaty of the Republic of Kazakhstan.
14. Requirements to language of creation of the documents constituting the Bid and other documents submitted on Tender
75. The bid of the potential private partner and all other documents submitted on Tender shall be provided in the state and/or Russian languages, according to the legislation on languages.
76. Documents can be constituted and provided in other language provided that the apostilled or legalized translation into the state and Russian languages according to Item 74 of the Standard tender documentation will be attached to them (otherwise the document will be recognized as not provided).
In case of disagreements on interpretation of data according to the document, documents on __________ (to specify necessary) language have advantage.
15. Requirements to the currency used for calculations in the Bid
77. The construction cost of the Object of PPP, financial and economic model, sources of cost recovery and receipt of the income of the Private partner, amount of types of the state support and other indicators in the Bid shall be calculated in national currency of the Republic of Kazakhstan.
16. Final term of provision of Bids
78. The final term of submission of Bids - till __:00 o'clock on time Astana (Republic of Kazakhstan) "__" _______ 20 __.
79. The envelope with the Bid provided after the expiration of fixed term is not registered in the magazine of registration of Bids, not opened and returns to the potential private partner in details to the specified on Envelopes with bids or personally corresponding authorized representatives of potential private partners on receipt about obtaining.
17. Bid effective period
80. Bid effective period, including providing the Bid, constitutes at least ___ (to specify in cursive script) calendar days from the date of opening of Envelopes with Bids.
81. Effective period of the Bid shall not exceed effective period of providing the Bid. In case of such excess the Bid will be rejected.
82. If before the termination of effective period of the Bid the State partner and the Potential private partner, whose Bid it is determined by the best, did not complete negotiations on refining of the Project of PPP and conditions of the Standard agreement, the potential private partner based on the decision of the Commission extends the validity of the Bid, including providing the Bid.
83. For prolongation of effective period of the Bid the Potential private partner directs the written notice addressed to the organizer Konkurs, having specified in it:
1) obviously expressed consent to prolongation of effective period of the Bid submitted them;
2) the term for which action of the Bid is prolonged;
3) signature date of this document;
4) signatures of the potential private partner or his authorized representative and seal of the potential private partner.
This notification shall be constituted according to requirements to registration and creation of the documents shown for participation in Tender, specified in the Tender documentation.
18. Change, withdrawal of the Bid before the expiration of submission of Bids
84. The potential private partner no later than the termination of term of the submission of Bids specified in Item 78 of the Tender documentation can:
1) to change and/or add the introduced Bid;
2) to withdraw the Bid, without losing the right to return of the providing the Bid brought by it.
Changes are not made to Bids after the expiration of final term of their representation.
85. The changed Bid is prepared, sealed and it is represented potential private partners as well as earlier submitted Bid with indication of on the Envelope:
1) full name and postal address of the potential private partner;
2) full name and postal address of the organizer Konkurs:
Public institution "__________________________", the Republic of Kazakhstan, _______________ (to specify the name and the location of the settlement), the street _________, the house ___, No. office ___, ph. 8 (____) __-__- __;
3) names of the document: "The CHANGED BID of TENDER at the choice of the PRIVATE PARTNER IN the PROJECT of PPP "the CONSTRUCTION AND OPERATION of KINDERGARTEN ON ____ MEST In __________ (to specify the name and the location of the settlement)";
4) and also words: "NOT OPEN TILL __-00 o'clock" __" ______ 20 __ YEARS".
86. In case of decision making by the potential private partner about withdrawal of the Bid, to the organizer Konkurs the notification on withdrawal of the Bid which is drawn up in any form addressed to the organizer Konkurs signed by the potential private partner and under seal goes.
In case of response the potential private partner of the Bid before the expiration of final term of submission of Bids, the organizer of tender returns to the potential private partner the providing brought by it during ___ (to specify in cursive script) the working days from the date of receipt of the notification on withdrawal of the Bid.
19. Opening, consideration and selection of Bids
87. The commission opens Envelopes with Bids at ___:00 o'clock on time Astana (Republic of Kazakhstan) "___" _____ 20 _____, to the address: The Republic of Kazakhstan, __________________, st. __________, __, in the building of public institution "_____________________", ____ the floor, No. office ______.
88. The organizer of tender allows modification of the Tender documentation about the place, time and date of opening of Bids in case of lack of most the Commission or the decision of the commission chairman or replacement his face.
89. The made changes are binding, and is without delay reported about them to all potential private partners to whom the organizer of tender submitted the Tender documentation, and also to the members of the commission interested to state bodies and the organizations including authorized body on state planning.
90. The organizer of tender informs all interested persons on the above-stated changes through specially created Internet resource (web portal) or places information on official Internet resource of public institution "___________________".
91. Envelopes with Bids are opened in the presence of simple majority of the Commission, the authorized representative Organizator Konkurs, and also potential private partners or their authorized representatives.
92. The secretary of the Commission or person determined by the chairman from among members of the commission opens Envelopes with Bids and announces the list of the documents containing in the request and their summary in the presence of all participants.
93. All Bids are considered by the commission.
If only one Bid is submitted, this request is considered by the Commission according to part one of this Item.
94. The protocol of opening of Envelopes with Bids is signed and is polistno initialed by the chairman and all attendees at meeting members of the commission, and also the secretary of the Commission.
95. The copy of the specified protocol goes to the potential private partners or their authorized representatives who were present at commission session on opening of Envelopes with Bids, no later than 2 (two) working days following behind day of the specified commission session, and absent - by their written request in time, no later than 2 (two) working days from the date of receipt of request.
96. Consideration of Bids without carrying out commission session is not allowed.
97. At the same time the decision of the Commission on recognition of such Bid of the best is cancelled and among other Bids introduced on this Tender, the best Bid anew is chosen.
20. Selection criteria of Bids
98. Consideration and selection of Bids are performed by the Commission taking into account criteria and their parameters specified in Selection criteria of the best Bid and parameters of assessment according to appendix 5 to Standard KD.
99. Criteria are estimated by means of assignment of the corresponding points (specific and percentage value) on each of them.
21. Negotiations with the potential private partner, conclusion of the Agreement
100. With the potential private partner whose Bid is recognized as the best the Commission holds negotiations on refining of the Project of PPP and conditions of the Standard agreement.
101. During negotiation of the note and project proposal of PPP and to the Agreement go the Commission to the potential private partner in writing.
Following the results of negotiation by the Commission the decision is made.
102. During negotiations modification of Tender conditions is not allowed.
103. If the potential private partner whose Bid is recognized as the best refuses discussion and refining of the Bid and conditions of the Standard agreement according to notes and offers of the Commission or its offer are unacceptable from the point of view of Tender conditions, this Bid is not considered by the Commission and anew the best Bid is chosen.
At the same time the decision of the Commission on recognition of such Bid of the best is cancelled and this Potential private partner is not declared as the winner Konkursa.
104. The winner Konkursa the participant Konkursa whose bid is recognized as the best is recognized.
105. The organizer of tender sends for approval the Draft agreement, including in case of introduction in it of changes and/or amendments, with application of copies of the protocol on determination of the best Bid in:
1) local authorized body on state planning which approves the Draft agreement, including in case of introduction in it of changes and/or amendments, within 10 (ten) working days;
2) local authorized body on budget implementation which approves the Draft agreement, including in case of introduction in it of changes and/or amendments, within 10 (ten) working days.
106. Following the results of Konkurs taking into account coordination of the Draft agreement the decision of the Commission the Bid affirms, and the applicant is recognized the winner Konkursa.
107. The decision of the Commission is drawn up by the protocol.
108. The closing date of the Standard agreement constitutes no more than 90 (ninety) calendar days from the date of summing up Tender.
Appendix 1
to the Standard tender documentation of state private partnership in education (kindergarten)
See Appendix 1 (4Kb In original language)
Appendix 2
to the Standard tender documentation of state private partnership in education (kindergarten)
See Appendix 2 (6Kb In original language)
Appendix 3
to the Standard tender documentation of state private partnership in education (kindergarten)
Form
The list of the documents submitted by Potential private partners in confirmation of their compliance to qualification requirements
Potential private partners in confirmation of conformity to qualification requirements, the stipulated in Article 32 Laws, provide the following documents:
1) originals or notarially attested copies of the documents confirming availability of money on accounts, the property rights of the potential private partner and cost on real and personal estate;
2) the original of the financial reporting in two complete previous financial years constituted according to the legislation of the Republic of Kazakhstan on financial accounting and the financial reporting or International Financial Reporting Standards. The organizations having the affiliated organizations in addition to the financial reporting on activities of the main organization constitute and represent consolidated financial statements according to requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting or International Financial Reporting Standards. Concerning projects of PPP of the special importance If the potential private partner is the new legal entity founded for the purpose of project implementation of PPP by physical and (or) legal entities, such documentation is submitted the physical and (or) legal entities acting as founders of such potential private partner;
3) the disaggregations of the balance sheet item "Fixed assets" on the last reporting date (for the last financial year) signed by the first head or the authorized representative of the potential private partner and certified by seal of the potential private partner;
4) the disaggregations of receivables and payables on the last reporting date (for the last financial year) signed by the first head or the authorized representative of the potential private partner and certified by seal of the potential private partner with indication of date of their education and expected repayment, and also the debt purpose (for what the debt was formed), the amounts of the added reserves on their impairment. In case of availability of bank loans it is necessary to attach copies of contracts of bank loan with repayment schedules of principal debt and percent;
5) the letter guarantee of the potential private partner that he is solvent is not subject to liquidation, is not seized its property, its financial and economic activities are not suspended that he was not made responsible for non-execution or improper execution of obligations by it under the signed agreements of PPP within the last three years based on the judgment which took legal effect;
6) legal entities for whom legal acts of the Republic of Kazakhstan establish obligatory carrying out audit submit also audit report for the last financial year;
7) the legal entity represents notarially attested copy of the charter except as specified when the legal entity performs activities based on the standard charter. Nonresidents of the Republic of Kazakhstan represent the legalized statement, notarially attested with the translation into the state and (or) Russian languages, from the trade register;
8) the reference on the registered legal entity, branch or representation;
9) the physical person performing business activity provides notarially attested copy of the document granting the right to implementation of business activity without formation of legal entity issued by the relevant state body, notarially attested copy of the identity document with indication of individual identification number;
10) the original of the reference of bank or bank branch signed and sealed in which the Potential private partner, about lack of the overdue debt on all obligation types of the potential private partner lasting more than three months preceding date of issue of the reference before bank or bank branch according to the Standard chart of accounts of financial accounting in banks of the second level and the mortgage companies approved by the resolution of board of National Bank of the Republic of Kazakhstan is served. If the potential private partner is client of several banks of the second level or branches, and also foreign bank, this reference is submitted from each of such banks.
Provision of the credit report provided to credit bureaus according to the Law of the Republic of Kazakhstan of July 6, 2004 "About credit bureaus and forming of credit stories in the Republic of Kazakhstan" is allowed.
The reference of bank (or the credit report) is issued not earlier than two months preceding date of representation to the organizer of tender of documents.
In case of participation in tender of associations of physical and (or) legal entities in the form of particular partnership, his participants, in addition to the documents established by these rules for confirmation of the qualification requirements in addition submit the following documents:
notarially attested copy of cooperation agreement;
notarially attested copy of the agreement on joint liability signed between members of particular partnership;
notarially attested copy of the power of attorney on the representative of the particular partnership acting from his name to perform negotiations and other actions within tender.
Potential private partners provide at discretion and other documents confirming them compliance to qualification requirements.
The potential private nonresident partner of the Republic of Kazakhstan in confirmation of its compliance to qualification requirements, submits the same documents, as residents of the Republic of Kazakhstan, or the documents containing similar data on qualification of the potential private nonresident partner of the Republic of Kazakhstan with notarially attested translation into languages of the tender documentation and also the apostilled certificate of residence (if the international treaty does not provide other).
In case information resources and (or) information systems act as object of PPP the Potential private partner submits documents on the property right and (or) ownerships on information resources and (or) information systems.
Appendix 4
to the Standard tender documentation of state private partnership in education (kindergarten)
Form
Bid
Having considered the tender documentation at the choice of the Private partner with use of the simplified competitive procedures for the Project of PPP "Construction and operation of kindergarten on ___ places in ___________________ (to specify the name and the location of the settlement)", present __________________________________
(the Potential private partner is specified) suggests to fulfill obligations of the Private partner in the Standard agreement of PPP according to this bid.
This bid is effective at least 180 (hundred eighty) calendar days from the date of opening of envelopes with bids.
In case of recognition of our Bid which won we undertake to draw up and sign the agreement of PPP without clauses and the limiting conditions in accordance with the terms of the tender documentation.
As guarantee that we will not withdraw or we will not change and/or we will not add the bid after the expiration of the submission of bids specified in the tender documentation and we will sign the agreement of PPP in case of determination us by the winner Konkursa we bring providing the Bid in the amount of _________________
(the size is specified).
As providing the Bid us it is chosen: _______________________
(the type of providing the Bid according to item 4 of article 39 of the Law is specified).
We confirm that information provided in this bid is reliable.
The following documents are attached to this bid: _________________ (the documents attached to the bid are specified).
____________________________________
(signature, full name and position of the authorized person of the potential private partner, seal (in the presence)
____________________________________
(place and date of submission of the bid).
Appendix 5
to the Standard tender documentation of public-private partnership in education (kindergarten)
See Appendix 5 (7Kb In original language)
Appendix 4
to the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 724
The name of the project of public-private partnership (further - PPP):
"Construction and operation of multi-storey housing estate on ____ apartments with underground parking on ____ the machine - places in __________ (to specify the name and the location of the settlement)"
Location of object of PPP:
__________________________________________________________________________
(the location of object of PPP is specified)
State partner:
__________________________________________________________________________
(specify full name, the location of the state partner, business
identification number, bank details)
Organizer of tender:
__________________________________________________________________________
(specify full name, the location of the organizer Konkurs, business
identification number, bank details)
Cost of packet of the Tender documentation:
__________________________________________________________________________
(specify the cost of the Tender documentation in tenge or if collection of payment for
the Tender documentation is not provided, this Item it is necessary
state in the following edition: "The tender documentation is provided free of charge").
1. Determinations
1. In this Tender documentation of the project of PPP in the sphere of housing construction (housing estate) the following concepts are used:
1) akimat (MIO) - local executive body;
2) the bid of the potential private partner (further - the Bid) - set of the documents and data provided by the potential private partner for participation in Tender in the form established by the Tender documentation;
3) the standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) - the tender documentation developed for determination of conditions and procedure for carrying out Tender and provided by the Organizer of tender to potential private partners for preparation of Bids and participation in Tender at the choice of the Private partner;
4) the standard agreement of PPP in the sphere of housing construction (housing estate) (further - the Standard agreement) - the agreement signed by the Organizer of tender with the winner Konkursa based on the decision of the Commission;
5) the preparatory period - the period beginning with the moment of the introduction of the Standard agreement in force and prior to carrying out construction works which includes the period of financial closing, development and approval of the design estimates, solution of other questions of the PPP connected with preparation for asset construction;
6) the private partner (further - the Private partner) - the individual entrepreneur, particular partnership, consortium or the legal entity, except for persons acting as the state partners according to the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership" (further - the Law), signed the Standard agreement;
7) the parcel of land - the parcel of land necessary for construction and operation of the Object of PPP, in accordance with the terms of the Standard agreement;
8) the legislation - set of the regulatory legal acts adopted in accordance with the established procedure and operating in the territory of the Republic of Kazakhstan;
9) the commission - the commission concerning the Object of the PPP relating to municipal property created in the procedure established by the legislation;
10) envelope - box or the different way of packaging of the Bid ensuring its representation in integrity and safety;
11) tender - open tender at the choice of the Private partner with use of the simplified competitive procedures, on the Project of PPP "Construction and operation of multi-storey housing estate on ____ apartments with underground parking on ____ parking places in __________ (to specify the name and the location of the settlement)";
12) rules - the Rules of planning and project implementation of public-private partnership approved by the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 725 (registered in the Register of state registration of regulatory legal acts for No. 12717) (further - Rules);
13) the organizer of tender - public institution "__________";
14) the state partner (further - the State partner) - the Republic of Kazakhstan, on behalf of public institution "___________";
15) the project of PPP - the project of PPP on construction and operation of housing estate on ____ apartments with shallow parking on ___ parking places in __________ (to specify the name and the location of the settlement);
16) object of PPP - housing estate on ____ apartments with underground parking on ____ parking places, construction and which operation is performed within project implementation of PPP;
17) consumers of services of the Object of PPP (further - consumers) - the city population needing providing with housing conditions;
18) operation of the Object of PPP - use of the Object of PPP by the Private partner according to purpose of the Object of PPP, including for the purpose of rendering Services, according to the procedure and on the conditions determined by the Standard agreement;
19) creation of the Object of PPP - asset construction of PPP, including on the basis of new technologies, mechanization and automation of production, production of other work types providing functioning of the Object of PPP;
20) the term of asset construction of PPP - the term provided by the Contract and the design estimates for asset construction of PPP, counted from start date before date of completion of construction works;
21) criteria of determination of the best Bid (further - Criteria) - the criteria established in Standard competitive project documentations of PPP (housing estate) based on which the Bid of the Participant Konkurs is recognized the sphere of housing construction to the best;
22) the draft agreement - the draft of the written agreement between the State partner and the Private partner, determining the rights, obligations and responsibility of the parties, sales terms of PPP.
2. General provisions
2. The standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) is developed for the purpose of provision to potential private partners of the complete information about conditions of their participation in Tender.
3. Competition is held according to the Law, Rules and other regulatory legal acts of the Republic of Kazakhstan.
4. Form of the project description of PPP it is specified in appendix 1 to the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate).
5. Detailed descriptions in technical parameters are provided in project and estimate documentation / the standard project / prototype project solutions / the project of repeated application (to specify necessary) attached to the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate).
According to Item 7 of Article 154-3 of the Budget code of the Republic of Kazakhstan of December 4, 2008 the Private partner in the terms established by the Standard agreement performs binding of the available project and estimate documentation / the standard project / standard project the decision/project of repeated application (to specify necessary) to the specific platform of the Project of PPP taking into account the marketing and financial and economic parameters containing in the concept of the Project of PPP.
6. Requirements to construction and operation of the Object of PPP are provided in the Draft agreement.
3. Contest committee
7. Consideration and selection of Bids is performed by the Commission created by the resolution of Akimat from "___". __________. 20 __ years No. ___ "About creation of the contest committee by determination of the private partner".
8. The main objectives of the Commission are:
1) consideration and selection of the Bids submitted by potential private partners regarding completeness and proper document creation, and also their compliance to qualification requirements;
2) consideration of Bids and determination of the best Bid;
3) negotiation on refining of the Project of PPP and conditions of the Draft agreement;
4) approval of the Bid following the results of Konkurs and recognition of the applicant by the winner Konkursa.
9. According to the tasks the Commission has the right:
1) to invite to commission sessions and to hear representatives of the interested state bodies and the organizations for the questions entering competence of the Commission;
To attract 2) as required specialists, experts and scientists to the analysis and studying of problematic issues of the Project of PPP;
3) in the procedure established by the legislation to request and receive the materials necessary for realization of tasks of the Commission from the state and other organizations.
10. The commission is headed by the chairman - the akim/deputy akim (to specify necessary) the relevant local executive body. The commission chairman performs the common directorship of activities of the Commission, plans its work, determines the actions directed to improvement of quality and efficiency of the made decisions, bears the personal responsibility for activities of the Commission.
11. During absence of the chairman of its function according to its order one of vice-chairmen of the Commission carries out.
12. Deputy akims of the relevant local executive body, the first heads of energy divisions and housing and communal services, education, economy and budgetary planning, finance, entrepreneurship and industrial and innovative development, construction of architecture and town planning, passenger transport and highways, land relations, natural resources and regulation of environmental management, and also representatives of National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken are part of the Commission.
13. Working body of the Commission is the Organizer of tender.
14. The working body of the Commission performs activities organizational technical supply.
15. The secretary of the Commission is the representative Organizatora Konkursa who prepares necessary documents and materials according to the agenda of commission session and draws up the minutes.
16. Commission sessions are held as required and it is considered competent in case of presence of simple majority of members of the commission.
17. Decisions of the Commission are made by open voting and are considered accepted if for them the majority of votes of the members of the commission who are present at meeting is given and are drawn up by the minutes of the Commission signed without fail by all present members of the commission and the secretary of the Commission. In case of equality of votes the decision for which the chairman voted is deemed accepted.
18. Members of the commission have the right to special opinion which, in case of its expression, shall be stated in writing and attached to the protocol of the Commission.
19. Following the results of commission session the working body notifies interested persons on results of consideration.
20. The commission stops the activities based on the resolution of Akimat.
4. Main actions of carrying out Tender
21. Tender provides the main actions provided in appendix 2 to the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate)
5. Content Standard competitive the project documentation of PPP in the sphere of housing construction (housing estate)
22. The standard tender documentation of the project of PPP (housing estate) contains the following information in the sphere of housing construction:
1) requirements to the documents confirming compliance of potential private partners to imposed qualification requirements are provided according to the list, according to appendix 3 to Standard KD;
2) location of object of PPP;
3) expected types and amounts of the state support, and also sources of cost recovery and receipt of the income on the project of PPP;
4) draft agreement of PPP;
5) description of criteria of determination of the best bid;
6) specifying of currency in which parameters of the project of PPP, and currency rate which will be applied to reduction to common currency for the purpose of their comparison and assessment shall be expressed;
7) requirements to language of submission of the bid;
8) specifying on the right of the potential private partner to change or withdraw the bid before the expiration of submission of bids;
9) contents of the bid, method, place, term of representation and action of bids, and also conditions of introduction of providing bid;
10) methods of receipt of explanations on contents of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate);
11) procedures, the place, date and time of opening of envelopes with bids.
23. The standard tender documentation of the project of PPP in the sphere of housing construction (housing estate it is developed in the state and Russian languages.
24. Effective period of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) ___ (to specify in cursive script, but no more than three years) years from the date of its approval.
25. The organizer of tender provides the copy of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) to potential private partners through specially created Internet resource (web portal) or other electronic method. By provision on paper the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) is provided in the form of the copy from the original (the approved and coordinated Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) polistno initialed by the Organizer of tender). The copy of the tender documentation of the project of PPP in the sphere of housing construction (housing estate) is provided to representatives of the potential private partner free of charge / ________ (to specify in cursive script) tenge (to specify necessary) and with obligatory registration by the Organizer of tender in the relevant magazine.
26. The PPP provided in the Standard tender documentation of the project in the sphere of housing construction (housing estate) and in its appendices, technical parameters of the Object of PPP are obligatory for potential private partners by preparation and submission of Bids.
27. The disputes connected with the conditions provided the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) and carrying out Tender are permitted by negotiations according to requirements of the legislation and with the procedures of the dispute resolution approved in the Agreement.
28. If the disputes connected with the conditions provided by the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate), carrying out Tender cannot be resolved according to Item 27 of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate), then the Parties have the right to resolve dispute according to requirements of the legislation judicially, and also by the address to international arbitration according to the Law of the Republic of Kazakhstan of April 8, 2016 "About arbitration".
6. Explanation and discussion of provisions of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate)
29. Persons who received the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) in case of need make inquiry to the organizer Konkursa about explanation of provisions of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate), but no later than 30 (thirty) calendar days before the expiration of final term of submission of Bids. When carrying out repeated Konkursa persons, data on whom are entered in the magazine of registration of persons who received the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) if necessary, make inquiry about explanation of provisions of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate), but no later than 15 (fifteen) calendar days before the expiration of final term of provision of Bids.
30. The request about explanation of provisions of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) is represented through specially created Internet resource (web portal) or in writing, on paper, in one copy, on state or Russian or in other language with appendix of the accurate (notarized) translation on state or Russian. The request of the potential private partner shall be addressed to the Organizer Konkursa and is sent to the address: Republic of Kazakhstan, _______________ area, city ____________, st. _______, No. ___, public institution "___________________________", No. office ____. The request shall be constituted according to requirements of the legislation and include the name of the Potential private partner from which the request, and the address to which it is necessary to direct the answer arrives.
31. The organizer of tender within 3 (three) working days from the date of registration of request directs the answer to it and without specifying from whom the request arrived:
1) is told by such explanation to all potential private partners to whom the Organizer of tender submitted the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate);
2) directs explanations of provisions of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) through specially created Internet resource (web portal) or publishes the text of explanation on official Internet resource public institution "___________________".
32. For explanation of provisions of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) the Organizer of tender holds meeting with potential private partners, at __:00 o'clock "__" ________ 20 __ years to the address: Republic of Kazakhstan, _________________ area, city ______________, st. _________, __, No. office ___.
33. Following the results of meeting on explanation of provisions of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) the Organizer of tender constitutes the protocol containing the requests provided during this meeting about explanation of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) without specifying of their source and also responses to these requests.
34. The protocol of meeting with potential private partners is signed by persons representing the Organizer Konkurs and also potential private partners or their authorized representatives.
35. The copy of the specified protocol no later than 1 (one) working day from the date of its registration and signing by the Organizer of tender goes to the Commission and all potential private partners to whom the Organizer of tender submitted the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate).
The protocol on explanation of provisions of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) is placed on specially created Internet resource (web portal) or is published on official Internet resource of public institution "___________________".
36. If the meeting with potential private partners in explanation of provisions of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) did not take place because of absence of Potential private partners or their authorized representatives in the PPP appointed Item 32 of the Standard tender documentation of the project in the sphere of housing construction (housing estate) date and time, the Organizer of tender within 1 (one) working day from the specified date in writing notifies the Commission on such fact.
37. In case of receipt of offers from potential private partners, for the purpose of forming of optimal solutions on financial, legal and other necessary parameters of the Project of PPP, to measures of the state support, selection criteria of the Private partner and other decisions, taking into account requirements and opportunities of each of the interested potential private partners the Organizer of tender, if necessary, will organize competitive dialogue. All participants of competitive dialogue observe confidentiality of information obtained during its carrying out according to the legislation.
7. Modification and/or amendments in the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate)
38. The organizer of tender in time no later than 20 (twenty) calendar days before the expiration of final term of submission of Bids on own initiative or in response to request of the potential private partner can make changes and/or additions to the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate), and when carrying out repeated Tender - in time no later than 10 (ten) calendar days.
39. The organizer of tender no later than 1 (one) working day from the date of decision making about modification and/or amendments in the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) represents the text of the made changes and/or additions to the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) to all potential private partners. At the same time the term of submission of Bids is prolonged by the Organizer of tender for term 30 (thirty) at least calendar days for accounting by potential private partners of these changes and/or amendments in Bids, and in case of repeated tender by determination of the Private partner - for the term of at least 15 (fifteen) calendar days.
40. The made changes and/or additions are binding.
41. Modification and/or amendments in Standard competitive project documentations of PPP in the sphere of housing construction (housing estate) is performed according to the procedure, established by Rules.
8. Types and amounts of the state support, and also sources of cost recovery and receipt of the income of the Private partner
42. During project implementation of PPP the Private partner has the right to measures of the state support, cost recovery and receipt of the income (to specify necessary) from sources according to appendix 1 to the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate).
43. The size, procedure and payment due dates of measures of the state support, cost recovery and receipt of the income (to specify necessary) are established by the Agreement according to the legislation.
9. Qualification selection
44. According to article 32 of the Law for participation in Tender the Potential private partner shall conform to the following qualification requirements:
1) to have legal capacity (for legal entities) and civil capacity to act (for the individual entrepreneur);
2) to be solvent, not to have tax debt;
To have 3) financial and/or material, and/or the manpower necessary for obligation fulfillment according to the Standard agreement;
4) not to be subject to insolvency proceeding or liquidation, shall not be seized its property, its financial and economic activities shall not be suspended according to the legislation;
5) not to be made responsible for non-execution and/or improper execution of obligations by it under the agreements of PPP signed within the last three years based on the judgment which took legal effect about recognition by the unfair potential private partner.
45. The potential private partner has the right to finance the Project of PPP with own means and with attraction of borrowed funds.
46. The organizer of tender has no right to impose on the potential private partner the qualification requirements which are not provided by the Law. The potential private partner has the right not to provide information which is not relating to qualification requirements.
47. Representation by potential private partners of the documents confirming their compliance to imposed qualification requirements is performed till ___:00 o'clock "____" by __________ 20 ___ years.
48. According to Rules the potential private partner to its qualification requirements submits to confirmation of conformity to the Organizer Konkursa the documents given in appendix 3 to the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate).
49. The potential private partner in case of provision of unreliable information on compliance to qualification requirements is not allowed to participation in tender by determination of the Private partner within the next three years from the moment of recognition by its court by the unfair potential private partner.
50. Accuracy of the information on qualification requirements, provided by the potential private partner, can be established by the Commission, the Organizer of tender, authorized state bodies at any stage of carrying out Tender.
51. Persons which determined the fact of representation by the potential private partner of unreliable information in qualification requirements no later than 3 (three) working days from the date of establishment of such fact in writing notify on it the Organizer Konkurs and the central authorized body on state planning with appendix to the notification of the copy of the documents confirming the fact of provision of unreliable information and apply measures according to Rules.
52. The organizer of tender performs qualification selection by means of evaluating compliance of potential private partners to qualification requirements within 15 (fifteen) working days from the moment of the termination of term of provision of documents.
53. In case of detection of discrepancy to requirements to the documents confirming compliance of potential private partners to imposed qualification requirements, the Organizer of tender notifies the potential private partner on elimination of the revealed discrepancies within 10 (ten) calendar days.
From the date of the direction of the notification and before submission of the relevant documents terms of carrying out qualification selection stop.
The potential private partner who submitted the relevant documents after the term established in the notification are recognized not undergone qualification selection.
54. Results of assessment go to potential private partners the Organizer of tender within 2 (two) working days from the date of the end of qualification selection.
55. The potential private partner who underwent qualification selection is recognized the participant Konkursa according to article 34 of the Law.
10. The restrictions connected with participation in Tender
56. According to article 33 of the Law, the potential private partner has no right to participate in Tender if:
1) close relatives, the spouse (spouse) or cousins-in-laws of heads of this potential private partner and/or the authorized representative of this potential private partner have power of decision about determination of the Private partner or are the representative Organizatora Konkursa;
2) property of the potential private partner which book value exceeds ten percent from the cost of the corresponding fixed assets it is seized;
3) the Potential private partner has unexecuted obligations according to executive documents and is included by authorized body in the sphere of ensuring execution of executive documents in the Unified register of debtors;
4) financial and economic activities of the potential private partner are suspended according to the legislation or the legislation of the state of the potential private nonresident partner of the Republic of Kazakhstan.
57. The potential private partner and the affiliate of the potential private partner have no right to participate in one Tender by determination of the Private partner.
11. Bid
58. For participation in Konkurs potential private partners submit to the Organizer Konkursa the bids prepared and provided according to requirements of the legislation and the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate).
59. The bid is drawn up in writing in form by the established appendix 4 to the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) and includes including the following information:
1) financial and economic decisions (offers):
financial and economic model;
distribution and risks assessment of the Project of PPP;
amount of own and borrowed funds made in the Project of PPP.
2) technology and other solutions (offers):
attraction of new technologies, the containing decisions on energy saving and energy efficiency in use the Object of PPP;
the term of asset construction of PPP counted from the date of completion of the period of financial closing;
obligations according to local content (in the period of construction and operation of the Object of PPP);
experience of the realized projects in the sphere of housing construction;
availability of qualified specialists.
12. Providing Bids
60. Providing the Bid is brought by the potential private partner as guarantee that he:
Will not withdraw 1) or will not change and/or will not add the Bid after the expiration of submission of bids;
2) will sign the Agreement in case of determination by his winner Konkursa.
61. Providing the Bid on participation in Tender by determination of the Private partner is brought in the amount of one tenth percent from the cost of expected investments on the Standard agreement.
62. The potential private partner chooses one of the following types of providing the Bid:
1) guarantee money contribution which is deposited to account:
Public institution "______________________"
_______________, the street _________, ___ (to specify the name and the location of the settlement)
Business and identification number ___________
Individual identification code _______________
Public institution "Department of Treasury on _____________ areas
Committee of Treasury of the Ministry of Finance of RK"
Bank identification code ______________
2) bank guarantee.
63. Making by the potential private partner of the actions leading to origin at the third parties of right to claim in general or in part on the brought guarantee money contribution before expiration of its Bid is not allowed.
64. Use by the Organizer of tender of the guarantee money contribution brought by the potential private partner, except for the following cases when is not allowed:
The potential private partner withdrew 1) or changed and/or added the Bid after the expiration of final term of submission of Bids;
2) the potential private partner determined by the winner Konkursa evaded from the conclusion of the Standard agreement of PPP.
In case of approach of one of the cases provided by this Item, the amount of providing the Bid is credited in the income of the relevant budget.
65. The organizer of tender returns to the potential private partner the providing the Bid brought by it within three working days from the date of approach of one of the following cases:
1) response this potential private partner of the Bid before the expiration of final term of submission of Bids;
2) signings of the protocol on the admission to participation in Tender. The specified case does not extend to the potential private partners recognized as participants of Tender;
3) signings of the protocol on Konkurs's results. The specified case does not extend to the participant Konkurs determined by the winner Konkursa;
4) entries into force of the Agreement;
5) expirations of the Bid of the potential private partner.
13. Procedure for registration and introduction of the documents submitted for participation in Tender
66. The bid is submitted potential private partners before the expiration of final term of their submission of the project of PPP specified in Item 78 of the Standard tender documentation in the sphere of housing construction (housing estate) in the stitched type, with the numbered and initialed pages, the last page is certified it by the sign and seal, of sealed Envelope.
67. The envelope shall be addressed to the Organizer Konkursa, with indication of on it:
1) full name and the postal address of the potential private partner (for the purpose of return of the Bid which is not opened if it is announced by "late");
2) full name and postal address of the Organizer Konkurs:
Public institution "______________________", the Republic of Kazakhstan, _______________ (to specify the name and the location of the settlement), the street _________, the house ___, No. office ___, ph. 8 (____) __-__- __;
3) names of Tender:
"TENDER at the choice of the PRIVATE PARTNER IN the PROJECT of PPP "the CONSTRUCTION AND OPERATION of the MULTI-STOREY HOUSING ESTATE ON ____ APARTMENTS WITH the UNDERGROUND PARKING ON ____ MAShINO-MEST V ___________ (to specify the name and the location of the settlement)"
4) and also words: "NOT OPEN TILL __-00 o'clock" __" ______ 20 __ YEARS"
68. Bids are submitted by Potential private partners, or their authorized representatives to the Organizer Konkursa purposely or with use of custom mail service.
69. The organizer of tender accepts Envelopes with Bids during the term established the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) and performs their logging of registration of Bids, from the moment of their provision.
70. The list of documents, constituting the Bid also invests in the Envelope. The inventory shall be provided in language, according to the requirements specified in the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) is signed by the first head, or the acting as the first head of the potential private partner, or his authorized representative and certified by seal of the potential private partner.
71. The documents constituting the Bid, and other documents submitted on Tender shall be presented in the written (printing) and electronic form, including in the scanned type, except for financial and economic model.
72. Organizer of tender:
1) is checked by availability of documentary confirmation of powers of the representative of the potential private partner who provided the Envelope with the request on behalf of the potential private partner;
2) accepts properly drawn up Envelopes with Bids and brings in the magazine of registration of Bids;
3) accepts changes and amendments to the introduced Bid before the expiration of final term of provision of Bids;
4) is provided by return of the Bid, in case of its response before the expiration of final term of provision of Bids.
73. The bid of the potential private partner is subject to variation in cases when:
1) the potential private partner earlier submits the Bid on participation in this Tender;
2) the Bid arrived after the expiration of acceptance of tender bids on participation in Tender.
74. All documents provided by the potential private partner issued constituted or certified in the established form by competent authorities of foreign states outside the Republic of Kazakhstan on regulations of foreign law shall be legalized by consular establishment of the Republic of Kazakhstan or are certified by putting down of apostille according to the Hague Convention of October 5, 1961. Legalization and putting down of apostille on the provided documents is not required if this procedure concerning the specified documents is cancelled or simplified by the international treaty of the Republic of Kazakhstan.
14. Requirements to language of creation of the documents constituting the Bid and other documents submitted on Tender
75. The bid of the potential private partner and all other documents submitted on Tender shall be provided in the state and/or Russian languages, according to the legislation on languages.
76. Documents can be constituted and provided in other language provided that the apostilled or legalized translation into the state and Russian languages according to Item 74 of the Standard tender documentation will be attached to them (otherwise the document will be recognized as not provided).
In case of disagreements on interpretation of data according to the document, documents on __________ (to specify necessary) language have advantage.
15. Requirements to the currency used for calculations in the Bid
77. The construction cost of the Object of PPP, financial and economic model, sources of cost recovery and receipt of the income of the Private partner, amount of types of the state support and other indicators in the Bid shall be calculated in national currency of the Republic of Kazakhstan.
16. Final term of provision of Bids
78. The final term of submission of Bids - till __:00 o'clock on time Astana (Republic of Kazakhstan) "__" _______ 20 __.
79. The envelope with the Bid provided after the expiration of fixed term is not registered in the magazine of registration of Bids, not opened and returns to the potential private partner in details to the specified on Envelopes with bids or personally corresponding authorized representatives of potential private partners on receipt about obtaining.
17. Bid effective period
80. Bid effective period, including providing the Bid, constitutes at least ___ (to specify in cursive script) calendar days from the date of opening of Envelopes with Bids.
81. Effective period of the Bid shall not exceed effective period of providing the Bid. In case of such excess the Bid will be rejected.
82. If before the termination of effective period of the Bid the State partner and the Potential private partner, whose Bid it is determined by the best, did not complete negotiations on refining of the Project of PPP and conditions of the Standard agreement, the potential private partner based on the decision of the Commission extends the validity of the Bid, including providing the Bid.
83. For prolongation of effective period of the Bid the Potential private partner directs the written notice addressed to the organizer Konkurs, having specified in it:
1) obviously expressed consent to prolongation of effective period of the Bid submitted them;
2) the term for which action of the Bid is prolonged;
3) signature date of this document;
4) signatures of the potential private partner or his authorized representative and seal of the potential private partner.
This notification shall be constituted according to requirements to registration and creation of the documents shown for participation in Tender, specified in the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate).
18. Change, withdrawal of the Bid before the expiration of submission of Bids
84. The potential private partner no later than the termination of term of the submission of Bids specified in Item 78 of the Standard tender documentation of the project of PPP in the sphere of housing construction (housing estate) can:
1) to change and/or add the introduced Bid;
2) to withdraw the Bid, without losing the right to return of the providing the Bid brought by it.
Changes are not made to Bids after the expiration of final term of their representation.
85. The changed Bid is prepared, sealed and it is represented potential private partners as well as earlier submitted Bid with indication of on the Envelope:
1) full name and postal address of the potential private partner;
2) full name and postal address of the organizer Konkurs:
Public institution "__________________________", the Republic of Kazakhstan, _______________ (to specify the name and the location of the settlement), the street _________, the house ___, No. office ___, ph. 8 (____) __-__- __;
3) names of the document: "The CHANGED BID of TENDER at the choice of the PRIVATE PARTNER IN the PROJECT of PPP "the CONSTRUCTION AND OPERATION of the MULTI-STOREY HOUSING ESTATE ON _____ APARTMENTS WITH the UNDERGROUND PARKING ON ____ MAShINO-MEST V ___________ (to specify the name and the location of the settlement)";
4) and also words: "NOT OPEN TILL __-00 o'clock" __" ______ 20 __ YEARS".
86. In case of decision making by the potential private partner about withdrawal of the Bid, to the organizer Konkurs the notification on withdrawal of the Bid which is drawn up in any form addressed to the organizer Konkurs signed by the potential private partner and under seal goes.
In case of response the potential private partner of the Bid before the expiration of final term of submission of Bids, the organizer of tender returns to the potential private partner the providing brought by it during ___ (to specify in cursive script) the working days from the date of receipt of the notification on withdrawal of the Bid.
19. Opening, consideration and selection of Bids
87. The commission opens Envelopes with Bids at ___:00 o'clock on time Astana (Republic of Kazakhstan) "___" _____ 20 _____, to the address: The Republic of Kazakhstan, __________________, st. __________, __, in the building of public institution "_____________________", ____ the floor, No. office ______;
88. The organizer of tender allows modification of the Tender documentation about the place, time and date of opening of Bids in case of lack of most the Commission or the decision of the commission chairman or replacement his face;
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The document ceased to be valid since October 18, 2024 according to Item 1 of the Order of the Deputy prime minister - the Minister of national economy of the Republic of Kazakhstan of October 3, 2024 No. 84