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About PPP procedure
Project Stages
Initiation of a PPP project is carried out by public bodies, local government bodies, public, municipal enterprises and institutions in a relevant domain or by a concerned person by sending a letter to the authorized body for tender arrangement about an intention to implement a PPP project.
As soon as a letter of intent about PPP project initiation has been sent, the public body, local government body, public, municipal enterprise or institution in a relevant domain or the concerned person proceeds to the PPP preparation stage.
For initiation of a PPP project by an authorized public body in the field of PPP, this authorized public body establishes a public body, local government body, public, municipal enterprise and institution of the Kyrgyz Republic, joint-stock company, 50 percent or more of voting shares of which are owned by the state, in a relevant domain as a joint public partner.
As soon as a letter of intent about PPP project initiation has been sent, the public body, local government body, public, municipal enterprise or institution in a relevant domain or the concerned person proceeds to the PPP preparation stage.
For initiation of a PPP project by an authorized public body in the field of PPP, this authorized public body establishes a public body, local government body, public, municipal enterprise and institution of the Kyrgyz Republic, joint-stock company, 50 percent or more of voting shares of which are owned by the state, in a relevant domain as a joint public partner.
Preparation of a PPP project is carried out by a public partner or concerned party by preparation of a proposal of PPP project implementation or a private initiative proposal.
A proposal of PPP project implementation or a private initiative proposal will be approved by the authorized body for tender arrangement.
As soon as this proposal of PPP project implementation or private initiative proposal has been approved, the public partner prepares tender documents with inclusion to the budged of the PPP project of financial means for performance of monitoring of the Public-Private Partnership Project.
When a PPP project assumes obtaining of means from the state budget, tender documents shall be agreed by the appropriate public body for the budgetary policy before their approval.
The authorized body for tender arrangement approves tender documentations, sets up and approves a tender commission and carries out a tender for selection of a private partner.
Number of members of the tender commission shall be uneven and at least five persons. The tender commission consists of representatives of the public partner, a specialist with experience and knowledge related to a relevant infrastructure facility, specialists in the fields of economy, finances, law, a representative of the local community on which this project will have a direct impact. Members of the tender commission should not have any conflict of interests regarding the project concerned.
A proposal of PPP project implementation or a private initiative proposal will be approved by the authorized body for tender arrangement.
As soon as this proposal of PPP project implementation or private initiative proposal has been approved, the public partner prepares tender documents with inclusion to the budged of the PPP project of financial means for performance of monitoring of the Public-Private Partnership Project.
When a PPP project assumes obtaining of means from the state budget, tender documents shall be agreed by the appropriate public body for the budgetary policy before their approval.
The authorized body for tender arrangement approves tender documentations, sets up and approves a tender commission and carries out a tender for selection of a private partner.
Number of members of the tender commission shall be uneven and at least five persons. The tender commission consists of representatives of the public partner, a specialist with experience and knowledge related to a relevant infrastructure facility, specialists in the fields of economy, finances, law, a representative of the local community on which this project will have a direct impact. Members of the tender commission should not have any conflict of interests regarding the project concerned.
A private partner will be selected through a tender.
A tender includes two stages:
qualification selection;
tender winner selection.
The tender is carried out by an authorized body in the field of PPP regarding PPP projects the amount of assumed investments of which is over 100 mln som, or by public bodies, local government bodies, public, municipal enterprises and institutions in a relevant domain regarding PPP projects assumed investments on which amount to or less than100 mln som, (hereinafter - the authorized body for tender arrangement) according to procedures established by the current Law.
If the amount of investments is over one billion som, the PPP project will be awarded through direct negotiations provided that the tenderer meets qualification requirements.
Qualification Selection
The authorized body for tender arrangement publishes on the stage of qualification selection a request for qualifications for participation in the tender on its official website. In case of a tender regarding PPP projects with the amount of assumed investments over 100 mln som, a request for qualifications for participation in a tender also can be published on international resources of mass media.
Applications for participation in the qualification selection are received by the tender commission within dates specified in the request for qualifications for participation in the tender, but not less than 30 and not more than 60 calendar days from the date of publication of the request for qualifications for participation in the tender.
One application for participation in the qualification selection will be sufficient to conduct the qualification selection.
Applications for participation in the qualification selection that do not meet qualification requirements specified in the request for qualifications for participation in the tender shall be rejected by the tender commission.
Tender Winner Selection
On the stage of selection of the tender winner, the authorized body for tender arrangement will provide a request for proposals for participation in the tender and a draft PPP agreement to eligible tenderers.
Eligible tenderers may put forward proposals about making changes to the request of proposals for participation in the tender and/or draft PPP agreement within 10 calendar days from the date of sending to the tenderers the request for proposals for participation in the tender and/or a draft PPP agreement.
The authorized body for tender arrangement may within 5 calendar days accept or reject changes to the request for proposals for participation in the tender and/or draft PPP agreement. A modified request for proposals for participation in the tender and/or draft PPP agreement shall be approved by the authorized body for tender arrangement.
If there are any changes made to the request for proposals for participation in the tender and/or draft PPP agreement, dates for submission of tender proposals will be extended for not less than 15 calendar days from the date of approval of changes to the request for proposals for participation in the tender and/or draft PPP agreement.
A modified request for proposals for participation in the tender and/or draft PPP agreement shall be made available to all eligible tenderers, not later than the next calendar day from the date of approval of changes to the request for proposals for participation in the tender and/or draft PPP agreement.
Tender proposals including technical and financial proposals are received by the tender commission within dates specified in the request for proposals for participation in the tender, but not less than 30 and not more than 60 calendar days from the date of sending to eligible tenderers the request for proposals for participation in the tender and draft PPP agreement.
One tender proposal will be sufficient to select the tender winner.
A tenderer shall submit a guarantee of the tender proposal conditions of which shall be specified in the request for proposals for participation in the tender.
That tenderer is announced as the tender winner whose technical and financial proposals are identified by the tender commission as meeting the requirements of the request for proposals for participation in the tender and describe the best conditions for implementation of the PPP project. If the tender commission finds technical and/or financial proposals of all tenderers as not meeting the requirements of the request for proposals for participation in the tender, the tender commission will declare the tender void and may announce another tender.
The tender commission will publish an information about the tender winner on the official website of the authorized body for tender arrangement.
Expenses incurred by tenderers in regard to participation in the tender are not subject to compensation regardless of tender results.
If the tender commission finds that the tender winner has submitted inaccurate information, provided that such inaccuracy is documentarily proved, the tender commission may decide to disqualify the tender winner or any other tenderer, who will be excluded from participation in the tender and shall not participate in tenders on PPP projects for 5 years.
In case of disqualification of the tender winner the tender commission may announce a tenderer as the tender winner who has been the next behind the winner based on tender results.
A tender includes two stages:
qualification selection;
tender winner selection.
The tender is carried out by an authorized body in the field of PPP regarding PPP projects the amount of assumed investments of which is over 100 mln som, or by public bodies, local government bodies, public, municipal enterprises and institutions in a relevant domain regarding PPP projects assumed investments on which amount to or less than100 mln som, (hereinafter - the authorized body for tender arrangement) according to procedures established by the current Law.
If the amount of investments is over one billion som, the PPP project will be awarded through direct negotiations provided that the tenderer meets qualification requirements.
Qualification Selection
The authorized body for tender arrangement publishes on the stage of qualification selection a request for qualifications for participation in the tender on its official website. In case of a tender regarding PPP projects with the amount of assumed investments over 100 mln som, a request for qualifications for participation in a tender also can be published on international resources of mass media.
Applications for participation in the qualification selection are received by the tender commission within dates specified in the request for qualifications for participation in the tender, but not less than 30 and not more than 60 calendar days from the date of publication of the request for qualifications for participation in the tender.
One application for participation in the qualification selection will be sufficient to conduct the qualification selection.
Applications for participation in the qualification selection that do not meet qualification requirements specified in the request for qualifications for participation in the tender shall be rejected by the tender commission.
Tender Winner Selection
On the stage of selection of the tender winner, the authorized body for tender arrangement will provide a request for proposals for participation in the tender and a draft PPP agreement to eligible tenderers.
Eligible tenderers may put forward proposals about making changes to the request of proposals for participation in the tender and/or draft PPP agreement within 10 calendar days from the date of sending to the tenderers the request for proposals for participation in the tender and/or a draft PPP agreement.
The authorized body for tender arrangement may within 5 calendar days accept or reject changes to the request for proposals for participation in the tender and/or draft PPP agreement. A modified request for proposals for participation in the tender and/or draft PPP agreement shall be approved by the authorized body for tender arrangement.
If there are any changes made to the request for proposals for participation in the tender and/or draft PPP agreement, dates for submission of tender proposals will be extended for not less than 15 calendar days from the date of approval of changes to the request for proposals for participation in the tender and/or draft PPP agreement.
A modified request for proposals for participation in the tender and/or draft PPP agreement shall be made available to all eligible tenderers, not later than the next calendar day from the date of approval of changes to the request for proposals for participation in the tender and/or draft PPP agreement.
Tender proposals including technical and financial proposals are received by the tender commission within dates specified in the request for proposals for participation in the tender, but not less than 30 and not more than 60 calendar days from the date of sending to eligible tenderers the request for proposals for participation in the tender and draft PPP agreement.
One tender proposal will be sufficient to select the tender winner.
A tenderer shall submit a guarantee of the tender proposal conditions of which shall be specified in the request for proposals for participation in the tender.
That tenderer is announced as the tender winner whose technical and financial proposals are identified by the tender commission as meeting the requirements of the request for proposals for participation in the tender and describe the best conditions for implementation of the PPP project. If the tender commission finds technical and/or financial proposals of all tenderers as not meeting the requirements of the request for proposals for participation in the tender, the tender commission will declare the tender void and may announce another tender.
The tender commission will publish an information about the tender winner on the official website of the authorized body for tender arrangement.
Expenses incurred by tenderers in regard to participation in the tender are not subject to compensation regardless of tender results.
If the tender commission finds that the tender winner has submitted inaccurate information, provided that such inaccuracy is documentarily proved, the tender commission may decide to disqualify the tender winner or any other tenderer, who will be excluded from participation in the tender and shall not participate in tenders on PPP projects for 5 years.
In case of disqualification of the tender winner the tender commission may announce a tenderer as the tender winner who has been the next behind the winner based on tender results.
A PPP agreement should be concluded by the tender winner within 20 calendar days from the date of publication of an information about tender winner in mass media and on the official website of the public body in the field of PPP.
If it is a consortium that has been announced as the winner, the dates for conclusion of a PPP agreement may be extended additionally for 20 calendar days.
With the purpose of PPP project implementation, the tender winner may establish a project company according to the Law of the Kyrgyz Republic.
Winding-up, pledge of property, disposal or encumbrance of shares (interests in property, equity positions) of a private partner and/or project company, a change in the amount of share (equity) capital of a private partner and/or project company may be done only with written consent of the private partner.
If it is a consortium that has been announced as the winner, the dates for conclusion of a PPP agreement may be extended additionally for 20 calendar days.
With the purpose of PPP project implementation, the tender winner may establish a project company according to the Law of the Kyrgyz Republic.
Winding-up, pledge of property, disposal or encumbrance of shares (interests in property, equity positions) of a private partner and/or project company, a change in the amount of share (equity) capital of a private partner and/or project company may be done only with written consent of the private partner.
