ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2017 No. 127

About modification and amendments in the order of the acting minister of national economy of the Republic of Kazakhstan 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"

I ORDER:

1. Bring in the order of the acting minister of national economy of the Republic of Kazakhstan 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" (registered in the Register of state registration of regulatory legal acts for No. 12495, published on January 6, 2016 in information system of law of Ad_let) the following changes and amendments:

state Item 1 in the following edition:

"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 the field of education (kindergarten) according to appendix 3 to this order;

4) the Standard tender documentation of the project of public-private partnership in the field 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 field 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 the field of health care (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 field 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 the field of health care (polyclinic) according to appendix 8 to this order;

9) the Standard tender documentation of the project of public-private partnership in the field of 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 field 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 field of environmental protection (waste recycling plant with polygon) according to appendix 11 to this order;

12) the Standard tender documentation of the project of public-private partnership in the field 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 the field of 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 field 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 field 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 the field of health care (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 field 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 the field of health care (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 the field of 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 field 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 field of environmental protection (waste recycling plant with polygon) 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 field of agricultural industry (the service and procurement center) according to appendix 22 to this order.";

add with appendices 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, of 18, of 19, of 20, 21 and 22 according to appendices 1, of 2, of 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, of 18, 19 and 20 to this order.

2. To provide to department of budget investments and development of public-private partnership of the Ministry of national economy of the Republic of Kazakhstan 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 from the date of state registration of this order the direction of its copies in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

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 of national economy 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 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.

It is approved Deputy prime minister Minister of Agriculture of the Republic of Kazakhstan April 27, 2017

__________ A. Myrzakhmetov

It is approved Minister of Education and Science of the Republic of Kazakhstan March 31, 2017

__________ E.Sagadiyev

It is approved Minister of Health of the Republic of Kazakhstan April 14, 2017

__________ E.Birtanov

It is approved Minister of investments and development of the Republic of Kazakhstan April 4, 2017

__________ Zh. Kasymbek

It is approved Minister of Finance of the Republic of Kazakhstan May 11, 2017

__________ B. Sultanov

It is approved Minister for Culture and Sports of the Republic of Kazakhstan May 25, 2017

__________ A. Mukhamediula

It is approved Minister of Energy of the Republic of Kazakhstan May 18, 2017

__________ K. Bozumbayev

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of March 27, 2017 No. 127

Appendix 3

to the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 724

The standard tender documentation of the project of public-private partnership in the field of education (kindergarten)

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 the field of 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 the field of education (kindergarten);

3) the standard tender documentation of the project of PPP in the field of education (kindergarten) (further - Standard CD) - the Standard tender documentation of the project of PPP in the field of 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 the field of 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 utility 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 defined 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 CD 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. The standard CD 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 Cd.

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 Cd.

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. Tender 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 tender 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 Cd.

5. Content of Standard CD

22. The standard CD 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 CD;

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. The standard CD 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 the Standard CD 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 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 Cd.

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 Cd.

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 field 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 CD 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 field 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 ____ PLACES 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 transfer 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 exceeding 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 ____ PLACES 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 again 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 Cd.

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 again 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 approvals 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 the field of education (kindergarten)

See Appendix 1 (4Kb In original language)

Appendix 2

to the Standard tender documentation of state private partnership in the field of education (kindergarten)

See Appendix 2 (6Kb In original language)

 

Appendix 3

to the Standard tender documentation of state private partnership in the field of 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 transfer 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 serviced. 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 transfer 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 the field of 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 the field of education (kindergarten)

See Appendix 5 (7Kb In original language)

 

Appendix 2

to the Order of the Minister of national economy of the Republic of Kazakhstan of March 27, 2017 No. 127

Appendix 4

to the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 724

The standard tender documentation of the project of public-private partnership in the field of housing construction (housing estate)

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 field 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 field 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 field 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 utility 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 defined 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 in the field of housing construction (housing estate) based on which the Bid of the Participant Konkurs is recognized 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 field 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 field 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 field 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. Tender 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 tender 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 field of housing construction (housing estate)

5. Content Standard competitive the project documentation of PPP in the field of housing construction (housing estate)

22. The standard tender documentation of the project of PPP in the field of housing construction (housing estate) 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, according to appendix 3 to Standard CD;

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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field of housing construction (housing estate)

29. Persons who received the Standard tender documentation of the project of PPP in the field 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 field 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 field 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 field 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 field 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 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 field of housing construction (housing estate);

2) directs explanations of provisions of the Standard tender documentation of the project of PPP in the field 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 field 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 field 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 field 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 field of housing construction (housing estate).

The protocol on explanation of provisions of the Standard tender documentation of the project of PPP in the field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 field 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 transfer 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 exceeding 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 field 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 field 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;

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 Standard tender documentation of the project of PPP in the field of housing construction (housing estate), 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 again is chosen.

20. Selection criteria of Bids

98. Consideration and selection of Bids are performed by the Commission taking into account the following criteria and their parameters given in appendix 5 to the Standard tender documentation of the project of PPP in the field of housing construction (housing estate).

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 again 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 approvals 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 the project of PPP in the field of housing construction (housing estate)

See Appendix 1 (4Kb In original language)

Appendix 2

to the Standard tender documentation of the project of PPP in the field of housing construction (housing estate)

See Appendix 2 (6Kb In original language)

Appendix 3

to the Standard tender documentation of the project of PPP in the field of housing construction (housing estate)

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 transfer 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 serviced. 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 transfer 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 the project of PPP in the field of housing construction (housing estate)

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 multi-storey housing estate on ___ apartments with underground parking on ___ parking 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 the project of PPP in the field of housing construction (housing estate)

See Appendix 5 (7Kb In original language)

Appendix 3

to the Order of the Minister of national economy of the Republic of Kazakhstan of March 27, 2017 No. 127

Appendix 5

to the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 724

The standard tender documentation of the project of public-private partnership in the field of housing and communal services (network of street lighting)

The name of the project of public-private partnership (further - PPP)

"Trust management with upgrade of networks of street lighting 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

identification number, bank details)

Organizer of tender

__________________________________________________________________________

(specify full name, the location of the organizer of tender, 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 field of housing and communal services (network of street lighting) 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 preparatory period - the period beginning with the moment of the introduction of the Standard agreement in force and prior to work on upgrade 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 Upgrade of the Object;

4) works on upgrade - all works necessary to carrying out according to requirements to upgrade;

5) 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;

6) 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;

7) the parcels of land - the parcels of land PPP, inseparably linked with the Object;

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 utility 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 "Trust management with upgrade of networks of street lighting 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) networks of street lighting - network of street lighting by extent ___ km with support of power network in quantity ___ (to specify in cursive script) units in which replacement of lamps is supposed;

15) consumers of services - public institution "__________";

16) state partner - The Republic of Kazakhstan, on behalf of public institution "__________";

17) the project of PPP - the project of PPP "Trust management with upgrade of networks of street lighting in __________ (to specify the name and the location of the settlement)";

18) object of PPP - network of street lighting, in __________ (to specify the name and the location of the settlement), which upgrade and operation is performed within project implementation of PPP;

19) upgrade of the Object of PPP - upgrade of the operating Networks of street lighting, including, installation of the new LED equipment on the basis of new technologies, and also production of other work types providing functioning of the Object of PPP;

20) the term of upgrade of the Object of PPP - the term provided by the Contract and the design estimates for upgrade of the Object of PPP, counted from start date before date of completion of works on upgrade;

21) 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 defined by the Agreement;

22) trust management of the Object of PPP - the trustee shall exercise on its own behalf control of the property transferred to its ownership, use and the order if other is not provided by the agreement or legal acts, for the benefit of the beneficiary;

23) property complex - the parcels of land inseparably linked with networks of street lighting and located in __________ (to specify the name and the location of the settlement) and which operation is supposed according to the design estimates and conditions of the Standard agreement;

24) the standard tender documentation of the project of PPP in the field of housing and communal services (network of street lighting) - 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;

25) the standard agreement of PPP in the field of in the field of housing and communal services (network of street lighting) (further - the Standard agreement) - the agreement signed by the Organizer of tender with the winner Konkursa based on the decision of the Commission;

26) criteria of determination of the best Bid (further - Criteria) - the criteria established in the Tender documentation based on which the Bid of the Participant of tender is recognized to the best;

27) 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 field of housing and communal services (network of street lighting) 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 field of housing and communal services (network of street lighting).

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 Tender documentation.

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 / prototype project solutions / the 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 upgrade and operation of the Object of PPP are provided in the Draft agreement.

3. Tender 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 tender 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 managements of health care, 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, is stated in writing and is applied 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 field of housing and communal services (network of street lighting).

5. Content Standard competitive the project documentation of PPP in the field of housing and communal services (network of street lighting)

22. The standard tender documentation of the project of PPP in the field of housing and communal services (network of street lighting) 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, according to appendix 3 to Standard CD;

2) description 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;

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. The standard tender documentation of the project of PPP in the field of housing and communal services (network of street lighting) 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 the Standard tender documentation of the project of PPP in the field of housing and communal services (network of street lighting) 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.

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 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 the date and time appointed in 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) according to appendix 1 to the Standard tender documentation of the project of PPP in the field of housing and communal services (network of street lighting).

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 field of housing and communal services (network of street lighting).

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 field 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.

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 the Standard tender documentation of the project of PPP in the field of housing and communal services (network of street lighting) 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 the new technologies containing decisions on energy saving and energy efficiency in use of the Object of PPP;

3) the term of upgrade of the Object of PPP counted from the date of completion of the period of financial closing;

4) obligations according to local content (during upgrade and operation of the Object of PPP);

5) experience of the realized projects in the field of housing and communal services;

6) 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 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 "__________"

__________ (to specify the name and the location of the settlement), the street __________, ___

Business and identification number ___________

Individual identification code _______________

Public institution "Department of Treasury on __________ 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.

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 _________, __, No. office ___, ph. 8 (____) __-__- __;

3) names of Tender:

"TENDER at the choice of the PRIVATE PARTNER IN the PROJECT of PPP "TRUST MANAGEMENT WITH UPGRADE of NETWORKS of STREET LIGHTING 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 this 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 transfer 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 cost of upgrade 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 exceeding 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 of PPP, 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 this 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 _________, __, 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 TRUST MANAGEMENT WITH UPGRADE of NETWORKS of STREET ILLUMINATION of 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.

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 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 again 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 given in appendix 5 to the Standard tender documentation of the project of PPP in the field of housing and communal services (network of street lighting).

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 of PPP

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 again 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 of tender 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 approvals 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 the project of PPP in the field of housing and communal services (network of street lighting)

See Appendix 1 (4Kb In original language)

 

Appendix 2

to the Standard tender documentation of the project of PPP in the field of housing and communal services (network of street lighting)

See Appendix 2 (6Kb In original language)

Appendix 3

to the Standard tender documentation of the project of PPP in the field of housing and communal services (network of street lighting)

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 transfer 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 serviced. 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 transfer 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 the project of PPP in the field of housing and communal services (network of street lighting)

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 ""Trust management with upgrade of networks of street lighting in __________ (it is specified to specify the name and the location of the settlement)" present ______________________ (the Potential private partner) 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 of tender 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 competitive are specified

to the request).

___________________________________________________________

(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 the project of PPP in the field of housing and communal services (network of street lighting)

See Appendix 5 (7Kb In original language)

Appendix 4

to the Order of the Minister of national economy of the Republic of Kazakhstan of March 27, 2017 No. 127

Appendix 6

to the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 724

The standard tender documentation of the project of public-private partnership in the field of health care (medical out-patient clinic)

The name of the project of public-private partnership (further - PPP):

"Reconstruction and operation of medical out-patient clinic on ___ visits per shift 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 of tender, 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 Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) of the project of PPP in the field of health care (medical out-patient clinic) 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 the field of health care (medical out-patient clinic);

3) the preparatory period - the period beginning with the moment of the introduction of the Standard agreement of PPP 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 reconstruction of the Object;

4) the standard agreement of PPP in the field of health care (medical out-patient clinic) (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 standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) - 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;

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) 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 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 Objects of the PPP relating to utility 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 "Reconstruction and operation of medical out-patient clinic on ___ visits per shift 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) consumers of services - the population using services of medical out-patient clinic;

15) state partner - The Republic of Kazakhstan, on behalf of public institution "__________".

16) the project of PPP - the project of PPP "Reconstruction and operation of medical out-patient clinic on ___ visits per shift in __________ (to specify the name and the location of the settlement);

17) object of PPP - medical out-patient clinic on ___ visits per shift in __________ (to specify the name and the location of the settlement), which reconstruction and operation is performed within project implementation of PPP;

18) the Term of reconstruction of the Object of PPP - the term provided by the Contract and the design estimates for reconstruction of the Object of PPP, counted from start date before date of completion of construction works.

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 defined by the Standard agreement.

20) creation of the Object of PPP - reconstruction of the Object 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 Property complex - the parcel of land and the building of medical out-patient clinic located on it on ___ visits per shift in __________ (to specify the name and the location of the settlement), which reconstruction and operation is supposed according to the design estimates and conditions of the Standard agreement.

22) criteria of determination of the best Bid (further - Criteria) - the criteria established in the field of health care (medical out-patient clinic) based on which the Bid of the participant Konkurs is recognized the Standard tender documentation of the project of PPP 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. The standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic).

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) the PPP attached to the Standard tender documentation of the project in the field of health care (medical out-patient clinic).

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 of PPP performs binding of the available project and estimate documentation / the standard project / prototype project solutions / the project (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 reconstruction and operation of the Object of PPP are provided in the Draft agreement.

3. Tender 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 tender 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 managements of health care, economy and budgetary planning, finance, entrepreneurship and industrially 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, is stated in writing and is applied 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 field of health care (medical out-patient clinic).

5. Content Standard competitive the project documentation of PPP in the field of health care (medical out-patient clinic)

22. The standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) contains about the following information:

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 CD;

2) location of the 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;

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 field of health care (medical out-patient clinic) of the project of PPP;

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 field of health care (medical out-patient clinic) is developed in the state and Russian languages.

24. Effective period of the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) ___ (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 field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic) polistno initialed by the Organizer of tender). The copy of the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic) and carrying out Tender are permitted by negotiations according to requirements of the legislation.

28. If the disputes connected with the conditions provided the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) cannot be resolved by carrying out Tender according to Item 27 of the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic), 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 field of health care (medical out-patient clinic)

29. Persons who received the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic), 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 Standard competitive project documentations of PPP in the field of health care (medical out-patient clinic) if necessary, make inquiry about explanation of provisions of the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic), 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 field of health care (medical out-patient clinic) 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 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 field of health care (medical out-patient clinic);

2) directs explanations of provisions of the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) through specially created Internet resource (web portal) or publishes the text of explanation official Internet resource public institution "__________".

32. For explanation of provisions of the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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 the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic) 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 Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic) did not take place because of absence of Potential private partners or their authorized representatives in the PPP appointed in Item 32 of the Standard tender documentation of the project in the field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic)

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 field of health care (medical out-patient clinic), 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 Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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) according to appendix 1 to the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic).

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 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 field of health care (medical out-patient clinic).

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.

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 notifies 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 during 15 (пятнадцив) of the 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 field 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.

11. Bid

58. For participation in Konkurs Potentsialnye 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 the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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 the new technologies containing decisions on energy saving and energy efficiency in use of the Object of PPP;

the term of reconstruction of the Object of PPP counted from the date of completion of the period of financial closing;

obligations according to local content (during reconstruction and operation of the Object of PPP);

experience of the realized projects in the field of health care;

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 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 "___________"

_______________ (to specify the name and the location of the settlement), the street _________, the house _________

Business and identification number ___________

Individual identification code ___________

Public institution "Department of Treasury on _____________ 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.

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 field of health care (medical out-patient clinic) 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 "RECONSTRUCTION AND OPERATION of MEDICAL OUT-PATIENT CLINIC ON ___ VISITS PER SHIFT 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 the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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 field of health care (medical out-patient clinic) 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 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 transfer 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 cost of reconstruction 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 __ years.

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 exceeding 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 of PPP, 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 field of health care (medical out-patient clinic).

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 field of health care (medical out-patient clinic) 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 "RECONSTRUCTION AND OPERATION of MEDICAL OUT-PATIENT CLINIC ON ___ VISITS PER SHIFT 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 and 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, __________________ (to specify the name and the location of the settlement), st. __________, the house __, in the building of public institution "__________________", ____ the floor, No. office __.

88. The organizer of tender allows modification of the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) 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 Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic), 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 again 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 given in appendix 5 to the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic).

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 again 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 approvals 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 the project of PPP in the field of health care (medical out-patient clinic)

Form

Project description of PPP

Name of the project of PPP	"Reconstruction and operation of medical out-patient clinic on _____ places in _____ (to specify the name and the location of the settlement)"
Short project description of PPP	_____________________________________
State partner	Public institution "__________",  The Republic of Kazakhstan, ___________ (to specify the name and the location of the settlement), st. __________, the house No. ___, No. office ___ Business and identification number: ___________ Bank details: __________
Object of PPP	Medical out-patient clinic on ___ visits per shift
Location of the Object of PPP	The Republic of Kazakhstan, __________________ (to specify the name and the location of the settlement), ______________ (the address or the description of location)
Terms and stages of project implementation of PPP	Term of reconstruction –20 ___-20 ____ years (___ months) Useful life – 20 __-20 __ year (__ years) Agreement term – 20 __-__ years (__ years)
Project cost of PPP	Cost of reconstruction of the Object of PPP: ___________ tenge, including: installation and construction works – __________ tenge; the equipment - __________ tenge; other expenses – __________ tenge.
Types and amounts of the state support	types and amounts of the state support (in the presence) according to Item 2 of article 27 of the Law are specified
Sources of cost recovery and receipt of the income	types and amounts of sources of cost recovery and receipt of the income (in the presence) according to Item 2 of article 9 of the Law 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

 

Appendix 2

to the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic)

Form

Main actions

№. of payment order	Name of actions	Terms of holding actions (time and date are established on time Astana, the Republic of Kazakhstan)
1	The notice the Organizer of tender about Konkurs's carrying out with the simultaneous notification of local authorized body on state planning (information is placed on official Internet resource of the Organizer Konkurs and in periodic printing editions, in the state and Russian languages)	"__" _______ 20 __. (at least in 60 (sixty) calendar days prior to day of carrying out Tender, and when carrying out repeated Tender – at least in 30 (thirty) calendar days)
2	Provision by the Organizer of tender of the copy of the Tender documentation to persons who showed willingness to participate in Tender	from the date of publication of the announcement of carrying out Tender
3	Explanation, discussion and adjustment of provisions of the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic), to persons who received its copy	not later "___" ______ 20 __ years (within 3 (three) working days from the date of registration of request)
4	Representation by potential private partners of the documents confirming their compliance to imposed qualification requirements, the stipulated in Article 32 Laws. Without carrying out qualification selection potential private partners from the register of potential private partners created by National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken are allowed to Tender by determination of the Private partner	no later than __:00 hours "__", _________ 20 __. (at least 20 (twenty) calendar days after the announcement of Tender)
5	Implementation by the Organizer of tender of 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
6	Direction Organizer of tender of results of assessment potential Private partners	within 2 (two) working days from the date of the end of qualification selection
7	Development and introduction by the potential private partner of the Bid, and also providing Bid	from the moment of receipt of the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic) till __:00 o'clock "__" _______ 20 __ years
8	Opening of Envelopes by the Commission with Bids	__:00 hours  "__" _______ 20 __ years
9	The direction of the copy of the protocol of opening of Envelopes with Bids to the Private partners or their authorized representatives who were present at commission session on opening of Envelopes with Bids. Absent – by their written request	no later than 2 (two) working days following behind day of the corresponding commission session no later than 2 (two) working days from the date of receipt of request
10	Consideration of Bids by the Commission	within 10 (ten) calendar days from the date of opening of Envelopes with Bids taking into account results of qualification selection
11	Carrying out by the Commission negotiations with the potential private partner which Bid is recognized as the best, on refining of the Project of PPP and conditions of the Standard agreement, with execution of the relevant protocol of negotiations	__:00 hours, "__" ________ 20 __.
12	The direction the Organizer of tender on approval of the Project of PPP of the 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 local authorized bodies on state planning and on budget implementation	To "____" _______ 20 ___.
13	Determination of the winner Konkurs	not later "___" ______ 20 ___ years
14	Removal at consideration of the relevant budget commissions of question of adoption of the state obligations on the Project of PPP	not later "___" ______ 20 _____ years
15	Adoption of the state obligations on Projects of PPP of local executive bodies local authorized bodies on budget implementation based on offers of the relevant budget commission	not later "___" ______ 20 __ years
16	Development and introduction of the draft decision of maslikhat about adoption of the state obligations	within 15 (fifteen) working days after decision of the relevant budget commission
17	The conclusion the Organizer of tender of the Contract with the winner Konkursa based on the decision of the Commission following the results of decision making by maslikhat	no more than 90 (ninety) calendar days from the date of summing up Tender
18	Placement by the Organizer of tender of data on results of Tender by determination of the Private partner on the official Internet resource and in periodic printing editions, in the state and Russian languages with the simultaneous notification of local authorized body on state planning	during __ (to specify in cursive script) days after the conclusion of the Standard agreement of PPP

 

Appendix 3

to the Standard tender documentation of the project of PPP in the field of health care (medical out-patient clinic)

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 transfer 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 serviced. 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 transfer 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 the project of PPP in the field of health care (medical out-patient clinic)

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 "Reconstruction and operation of medical out-patient clinic on ___ visits per shift in __________ (it is specified to specify the settlement)" present __________ (the Potential private partner) 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 the project of PPP in the field of health care (medical out-patient clinic)

Form

Selection criteria of the best Bid and parameters of assessment

№. of payment order	Name of criterion	Threshold (basic) value of criterion	Assessment method	Indicator symbol
1	Amount of payments of the state obligations on the Project of PPP	___ (to specify quantity) tenge	Increases ___ (to specify quantity) point for everyone ___ (to specify quantity) % of reduction of amount of the state obligations (compensation of investment costs) *. It is subtracted ___ (to specify quantity) point for everyone ___ (to specify quantity) % of increase in amount of the state obligations (compensation of investment costs) *	K1
2	Payment due date of the state obligations on the Project of PPP	___ (to specify quantity) years	Increases ___ (to specify quantity) point for everyone ___ (to specify quantity) year of increase in payment due date of the state obligations (compensation of investment costs) * It is subtracted ___ (to specify quantity) point for everyone ___ (to specify quantity) year of increase in payment due date of the state obligations (compensation of investment costs) *	K2
2	Experience of the realized projects (experience of construction, creation, reconstruction, upgrade and (or) operation of objects (independently or together with other persons as the participant), PPP similar to subject of the Agreement)	The number of the realized projects	Increases ___ (to specify quantity) point for each realized project	K3
4	The risks assumed by the Private partner	Distribution of risks according to the Standard agreement	Increases ___ (to specify quantity) point for each risk which is in addition accepted by the Private partner. It is subtracted ___ (to specify quantity) point for each risk which is in addition transferred to the State partner.	K4
5	Amount of the means of the Private partner which are subject to attraction for project implementation of PPP	Cost of reconstruction of the Object of PPP	Increases ___ (to specify quantity) point for everyone ___ (to specify quantity) % of amount of own means	K5
6	Terms of reconstruction of the Object of PPP	__ (to specify quantity) months	Increases __ (to specify quantity) point for every month of reducing term of reconstruction	K6

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