Article 17. Contents of the tender (auction) documentation The Law On Concessions is excluded by the Law of the Republic of Kazakhstan | Kyrgyz Republic Zanymen alynyp tastaldy.

      1. The organizer of the tender (auction) is obliged to provide all potential concessionaires with the tender (auction) documentation, agreed with the authorized body for state planning in the cases provided for in subparagraph 3) of Article 9 of this Law, and the authorized state body for budget execution in the cases provided for in subparagraph 2) of Article 10 of this Law, containing the following information:  

      1) requirements for documents to be submitted to potential concessionaires in order to confirm their compliance with the required qualification requirements, and the procedure for their assessment;  

     2) a feasibility study, with the exception of the cases specified in subparagraphs 2-1) and 2-2) of this paragraph;

      2-1) design and estimate documentation in the cases specified in paragraph 2 of Article 15-2 of this Law;

     2-2) information sheet containing a description of the concession project;

      3) the location of the facility proposed for transfer to the concession;  

     3-1) possible types and amounts of government support for concessionaires' activities, as well as sources of cost recovery and revenue generation for the concessionaire for this concession project;

      4) draft concession agreement;  

     5) a description of all criteria, including obligations on in-country value, on the basis of which the successful concession application will be determined, including the relative value of each of these criteria, a description of the evaluation method and a comparison of concession applications;

      6) the currency or currencies in which the value of the concession object should be expressed, and the exchange rate that will be applied to bring the value of the concession object to a single currency for the purpose of comparing and evaluating them;  

     7) language requirements for drafting and submitting concession (auction) bids in accordance with the legislation of the Republic of Kazakhstan on languages;

     8) an appropriate indication of the potential concessionaire's right to modify or withdraw its tender (auction) application before the deadline for submitting tender (auction) applications expires;

     9) the method, place and deadline for the submission of competitive (auction) bids (but not later than fifteen hours of the local working day) and their validity period;

     10) an appropriate indication of the potential concessionaire's right to submit a part of the tender (auction) application, which indicates the value of the concession object, immediately at the time of opening envelopes with competitive (auction) applications;

     11) ways by which potential concessionaires can request clarifications on the content of the tender documentation, and a message about the intention of the organizer of the tender (auction) at this stage to hold a meeting with potential concessionaires, which is conducted in an open form and recorded;

     12) the conditions for making and content of the tender (auction) application, including the conditions for making collateral for the tender (auction) application;

     13) the place, date and time of opening envelopes with competitive (auction) bids (but not later than two hours after the deadline for submission of competitive (auction) bids expires);

     14) procedures used for opening envelopes with competitive (auction) bids, and their consideration.

      15) excluded by the Law of the Republic of Kazakhstan dated 03.12.2013 No. 150-V (effective from 01.01.2014).

     2. The organizer of the tender (auction) charges a fee for the submitted tender (auction) documentation, which does not exceed the actual cost of copying the tender (auction) documentation.

     3. A potential concessionaire has the right to request clarification of the provisions of the tender (auction) documentation, but no later than thirty calendar days before the deadline for submission of tender (auction) applications. The organizer of the tender (auction) is obliged to respond to it within three calendar days from the date of registration of the request and, without specifying from whom the request was received, to provide such an explanation to all potential concessionaires to whom the organizer of the tender (auction) has submitted the tender (auction) documentation.

     When conducting a repeat tender (auction), the potential concessionaire has the right to request clarification of the provisions of the tender (auction) documentation, but no later than fifteen calendar days before the deadline for submitting tender (auction) applications.

     4. The organizer of the tender (auction) has the right, no later than twenty calendar days before the deadline for submission of tender (auction) bids, on his own initiative or in response to a request from a potential concessionaire, to make changes and (or) additions to the tender (auction) documentation by drawing up a protocol, and in case of repeated tender (auction) – within ten calendar days at the latest. The changes and/or additions made are binding.

     The organizer of the tender (auction) shall, no later than one business day from the date of the decision to make changes and/or additions to the tender (auction) documentation, provide the text of the changes and/or additions free of charge to all potential concessionaires to whom the tender (auction) documentation has been submitted. At the same time, the deadline for submitting competitive (auction) bids is extended by the organizer of the tender (auction) for a period of at least thirty calendar days in order for potential concessionaires to take into account these changes and (or) additions to the competitive (auction) bids, and in case of a repeat tender (auction) for a period of at least fifteen calendar days.

     5. The organizer of the tender (auction) has the right to hold a meeting with potential concessionaires to clarify the provisions of the tender (auction) documentation at a specific place and at the appropriate time specified in the tender (auction) documentation. At the same time, the organizer of the tender (auction) draws up a protocol containing requests for clarification of the tender (auction) documentation submitted during this meeting, without specifying their source, as well as responses to these requests. The protocol is immediately sent to the commission and all potential concessionaires to whom the organizer of the tender (auction) has submitted the tender (auction) documentation.

      6. The tender (auction) documentation is approved by the organizer of the tender (auction).  

The Law of the Republic of Kazakhstan dated July 7, 2006 No. 167.

     This Law defines the legal conditions of the concession, the types of state support for the concessionaire, and regulates public relations arising in the process of concluding, executing, and terminating concession agreements.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases