ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 22, 2016 No. 514

About introduction of amendments to the order of the acting minister on investments and development of the Republic of Kazakhstan of October 30, 2014 No. 113 "About approval of Rules of carrying out tender on the basis of open tender by determination of the carriers performing rail passenger traffic according to socially important interregional messages which losses are subject to subsidizing at the expense of budgetary funds"

According to Item 2 of article 50 of the Law of the Republic of Kazakhstan of April 6, 2016 "About legal acts" I ORDER:

1. Bring in the order of the acting minister on investments and development of the Republic of Kazakhstan of October 30, 2014 No. 113 "About approval of Rules of carrying out tender on the basis of open tender by determination of the carriers performing rail passenger traffic according to socially important interregional messages which losses are subject to subsidizing at the expense of budgetary funds" (registered in the Register of state registration of regulatory legal acts for No. 9860, published on November 20, 2014 in information system of law of Ad_let), the following changes:

state heading in the following edition:

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

state Item 1 in the following edition:

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

To be reworded as follows rules of carrying out tender on the basis of open tender by determination of the carriers performing rail passenger traffic according to socially important interregional messages which losses are subject to subsidizing at the expense of budgetary funds approved by the specified order according to appendix to this order.

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

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

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after state registration in the Ministry of Justice of the Republic of Kazakhstan, and also the Republican center of legal information within five working days from the date of receipt of the registered order for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

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

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective since September 1, 2016 and is subject to official publication.

 

Appendix

to the Order of the Minister of investments and development of the Republic of Kazakhstan of June 22, 2016 No. 514

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

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

Chapter 1. General provisions

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

2. In these rules the following determinations are used:

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

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

3) the tender - the request provided by the participant of the tender to the organizer of the tender and which is drawn up according to requirements of the organizer of the tender and these rules with appendix of set of the documents specified in Item 22 of these rules;

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

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

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

3. Act as organizers of carrying out the tender:

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

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

Chapter 2. Procedure for carrying out tender

Paragraph 1. Carrying out tender

4. The tender is held upon termination of the duration of the agreement about subsidizing and in case of their early termination or recognition of the new socially important message. At the same time, the tender is held on the right of implementation by carrier of transportations of passengers according to socially important messages and long-term subsidizing of its expenses at the expense of budgetary funds.

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

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

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

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

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

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

1) announcement;

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

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

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

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

10. Lots exposed on the tender are created on the trains planned to running according to socially important messages. Lots on trailer and through-cars are created in one lot with train as a part of which the first Item of forming plans their hitching along the line according to the socially important message. Forming of separate lot for trailer and through-cars except the international trains is not provided.

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

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

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

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

14. The term of implementation of transportations of passengers in the main conditions of transportations is determined by the organizer of the tender depending on the need for such transportations by the population with term from five to twenty years by socially important messages.

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

Paragraph 3. Forming of the commission

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

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

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

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

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

Paragraph 4. Requirements to carriers and the submitted documents

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

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

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

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