ORDER OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE KYRGYZ REPUBLIC

of April 16, 2008 No. 121

About approval of the Provision "About Holding Open Tenders on Determination of Hauler for Servicing of Passengers on Routes"

List of amending documents

In pursuance of the order of the Government of the Kyrgyz Republic of 08.05.2001 to No. 217 "About measures for improvement of the organization of passenger traffic by road transport in the Kyrgyz Republic", and also for the purpose of state regulation of work of passenger transport irrespective of pattern of ownership, ensuring transparency and openness in fixing of routes among haulers, I order:

1. Approve the enclosed Provision "About Holding Open Tenders on Determination of Hauler for Servicing of Passengers on Routes".

2. Send this order to the Ministry of Justice of the Kyrgyz Republic for state registration.

3. Determine that this order becomes effective after the expiration of 15 days from the moment of official publication.

4. Notify the Ministry of Justice of the Kyrgyz Republic on official publication of this order.

5. Declare invalid the order of the Ministry of Transport and Communications of the Kyrgyz Republic of October 9, 2006 No. 364 "About approval of the Provision "About Holding Open Tenders on the Organization of Passenger Traffic by Road Transport on Routes".

6. To impose control of execution of this order on the deputy minister Mamataliyev A. M.

 

 

Approved by the order of the Ministry of Transport and Communications of the Kyrgyz Republic of April 16, 2008 No. 121

Regulations on holding open tenders on determination of hauler for servicing of passengers on routes

1. General provisions

1.1. This Regulations on holding open tenders on determination of hauler for servicing of passengers on routes (further the Provision), are developed according to the order of the Government of the Kyrgyz Republic of May 8, 2001 No. 217 "About measures for improvement of the organization of passenger traffic by road transport in the Kyrgyz Republic".

1.2. This Provision:

- determines procedure for carrying out the Kyrgyz Republic by the Ministry of Transport and Communications or the state body authorized by it, (further the Organizer of tender) open tenders on determination of hauler or haulers for the organization of transportation of passengers by road transport on suburban and long-distance routes;

- establishes requirements to preparation of competitive offers for participants of tender, procedure for consideration and assessment of competitive offers;

- determines procedure for acceptance and approval of the decision by results of tender.

1.3. The purposes of this provision are:

- ensuring high-quality servicing of passengers with road transport;

- ensuring the transparent competition among carriers;

- expansion of participation and development of the competition between haulers in the course of transportations of passengers by road transport on suburban and long-distance routes;

- providing the fair attitude towards all participants of tender.

1.4. Legal entities or physical persons, irrespective of patterns of ownership, the conditions necessary for participation in tender having the license for the organization of passenger traffic according to the legislation of the Kyrgyz Republic, and also satisfied everything can take part in tenders.

1.5. On tender lots as on separate route or flight, and lots on two, and more routes or flights combining in one lot more profitable with less profitable, but socially important route can be exposed.

2. Tender committee

2.1. For consideration of competitive offers, their assessment and determination of the winner of tender, the Organizer of tender creates tender committee (further - the Commission).

2.2. Representatives are part of the Commission:

- Organizer of tender;

- relevant local public administrations;

- relevant organs of Management of the state automobile inspection of the Ministry of Internal Affairs of the Kyrgyz Republic;

- relevant organs of the State agency on the antimonopoly policy and development of the competition under the Government of the Kyrgyz Republic.

2.3. The representative Organizatora of tender is appointed the commission chairman. In the absence of the chairman, he is replaced by the vice-chairman appointed by the relevant order Organizatora of tender.

The number of members of the commission shall be odd and constitute at least 5 (five) people.

For record keeping the order of the Organizer of tender appoints the secretary of the Commission who cannot be member of the commission.

3. Packet of competitive documents

3.1. Before carrying out Tender, the Organizer of tender creates lots and prepares packet of competitive documents.

3.2. The packet of competitive documents includes:

- the main characteristics of the routes exposed on tender: number of lot, number of route, the name of route, route extent, quantity of exits in working and the days off, the number of flights in working and the days off, interval of movement of buses in working and the days off, the potrebny number of buses (appendix 2);

- bid (appendix 3);

- availability and condition of passenger vehicles of the participant of tender (appendix 4);

- data on condition of technological base of the participant of tender (appendix 5);

- list of the heads and specialists responsible for traffic safety (further DB), safe engineering (further TB) and operation of vehicles of the participant of tender (appendix 6);

- list of driver's list of the participant of tender (appendix 7);

- length of service of the participant of tender on passenger transport (appendix 8);

- sample of the Standard contract on the organization of passenger traffic by road transport on routes (appendix 9);

- instruction to participants of tender (appendix 21).

4. Contents of competitive offers

4.1. Competitive offers include data:

- bid (appendix 3);

- availability and condition of passenger vehicles of the participant of tender (appendix 4);

- data on condition of technological base of the participant of tender (appendix 5);

- list of the heads and specialists responsible for traffic safety (further DB), safe engineering (further TB) and operation of vehicles of the participant of tender (appendix 6);

- list of driver's list of the participant of tender (appendix 7);

- length of service of the participant of tender on passenger transport (appendix 8);

- the copy of the certificate on state registration in the Ministry of Justice - for legal entities, in bodies of the state statistics - for physical persons;

- the copy of the document confirming assignment to the applicant of identification code (number) of the taxpayer and the payer of insurance premiums;

- copy of the license for the organization of passenger traffic;

- the reference from the State committee of the Kyrgyz Republic on taxes and fees on availability or absence of debt on taxes in the location;

- the certificate of availability or absence of debt on social assignment in the location;

- receipt on payment for the tender documentation.

Competitive offers are filled in on forms of the established form, according to appendices 3-8 of this provision, without corrections and blots, sealed in envelopes and are given in duplicate, one of which is the original, another - the copy.

4.2. Repeated inclusion of vehicles and driver's structure in more than on one route, except for seasonal is not allowed.

4.3. Competitive offers shall contain the complete and authentic information about participants of tender.

5. Discharge conditions from participation in tender

5.1. The decision on discharge of participants or the participant from participation in the procedure of tender is accepted by the Organizer of tender in cases when:

- the participant (participants) in an inadequate way or from bad faith drew up packet of competitive documents with variations from requirements;

- the information about the participant (participants) contains the incorrect information about the participant of tender;

- the participant (participants) of tender are declared bankrupts or are in process of bankruptcy;

- the participant (participants) have the tax debt and to payments in Social Insurance Fund;

- lack of necessary potrebny number of vehicles, for servicing of route.

6. Organization and carrying out tenders

6.1. The organizer of tender, through mass media, at least in 30 days prior to carrying out tender, publishes about time, the venue of tender, and also procedure for carrying out tender, the place and terms of order taking (Appendix No. 10).

6.2. The haulers wishing to participate in tender submit the written request in any form for acquisition of packet of the tender documentation, in advance having paid its cost. The cost of set of the tender documentation shall correspond to costing, connected with organizational matters on carrying out Tender.

6.3. Registration of participants of tender begins from the date of publication in media of the announcement of tender and comes to the end after 30 calendar days.

6.4. For registration as the participant of tender, it is necessary to submit documents according to item 4.1 of this provision to the Commission.

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