RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of April 30, 2026 No. 323

About modification of the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About questions of public-private partnership in the Kyrgyz Republic" of March 25, 2022 No. 160

For the purpose of realization of part 4 of article 11 of the Law of the Kyrgyz Republic "About public-private partnership", enhancement of the mechanism of the direct negotiations applied to projects of public-private partnership with the amount of investments more than one billion som according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Bring in the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About questions of public-private partnership in the Kyrgyz Republic" of March 25, 2022 No. 160 the following change:

to state appendix 2 to the above-stated resolution in edition according to appendix to this resolution.

2. To national investments agency in case of the President of the Kyrgyz Republic to perform coordination of application of the Regulations on award of projects of the public-private partnership by direct negotiations approved by the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About questions of public-private partnership in the Kyrgyz Republic" of March 25, 2022 No. 160, and to give advisory and methodical support to the state partners.

3. To national investments agency in case of the President of the Kyrgyz Republic, to the Ministry of Finance of the Kyrgyz Republic to take the measures following from this resolution and in a month to bring the decisions into accord with this resolution.

4. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

5. This resolution becomes effective after ten days from the date of official publication.

Appendix

"Appendix 2

Regulations on award of projects of public-private partnership by direct negotiations

Chapter 1. General provisions

1. The regulations on award of projects of public-private partnership by direct negotiations (further - the Provision) are developed for the purpose of creation of legal mechanisms and practical realization of part 4 of article 11 of the Law of the Kyrgyz Republic "About public-private partnership" (further - the Law on PPP).

2. This Provision determines procedure for award of the project of public-private partnership (further - the project of PPP) without carrying out tender by direct negotiations if the amount of investments (in the value determined by the Law of the Kyrgyz Republic "About investments in the Kyrgyz Republic") exceeds 1 billion som.

3. Direct negotiations are exclusive method of award of projects of PPP and are applied only in the presence of the bases provided by this Provision and on condition of achievement of the best ratio of resulting effects and costs to the state.

4. Direct negotiations are applied only in the presence of one or several of the following bases:

1) if the competition held according to the Law on PPP was acknowledged cancelled at least than two times in view of lack of requests (competitive offers) or lack of the faces which expressed interest in participation in tender and in the presence of the motivated and documentary drawn up assessment, confirmatory that entering of reasonable changes into parameters of the project and/or distribution of risks with high probability will not lead to ensuring workable competition;

2) if project implementation of PPP is technically feasible only one interested person owing to availability at it of exclusive rights of ownership, ownership, use or control over infrastructure facilities, the parcels of land without which the project of PPP cannot be realized;

3) if project implementation of PPP is objectively possible only with participation of the interested person having the unique rights, technologies and/or assets confirmed according to the procedure, established by the legislation.

5. Projects of PPP, the amount of investments on which constitutes more than 1 billion som and not falling under the above-stated bases, are subject to realization only by carrying out tender according to Articles 10, 12-15 Laws on PPP.

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