On the ratification of the Loan Agreement (Project for Institutional Strengthening of the Justice Sector) between the Republic of Kazakhstan and the International Bank for Reconstruction and Development
The Law of the Republic of Kazakhstan dated July 1, 2014 No. 222-V SAM
To ratify Loan Agreement (Project for Institutional Strengthening of the Justice Sector) between the Republic of Kazakhstan and the International Bank for Reconstruction and Development, signed in Astana on April 29, 2014.
President of the Republic of Kazakhstan N. NAZARBAYEV
LOAN No. 8361-KZ
Loan Agreement (Justice Sector Institutional Strengthening Project) between the REPUBLIC OF KAZAKHSTAN and BY THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT Date April 29, 2014
LOAN NUMBER 8361-KZ
LOAN AGREEMENT
Agreement dated April 29, 2014 between the Republic of Kazakhstan (the "Borrower") and the INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT ("Bank"). The Borrower and the Bank have hereby agreed on the following:
ARTICLE I — GENERAL CONDITIONS; DEFINITIONS
1.01. General Terms and Conditions (defined in Annex to this Agreement) are an integral part of this Agreement. 1.02. Unless otherwise indicated in the context, the terms used in this Agreement starting with capital letters have the meanings assigned to them in the General Terms and Conditions or in the Annex to this Agreement.
ARTICLE II - LOAN
2.01. The Bank agrees to provide the Borrower with an amount equal to thirty-six million US dollars (36,000,000 US dollars), which may be converted from time to time by currency conversion in accordance with the provisions of Section 2.07 of this Agreement (the "Loan"), for the term and conditions set forth in this Agreement or referenced therein, in order to assist in financing the project described in Appendix 1 to this Agreement (the "Project"). 2.02. The Borrower has the right to withdraw the Loan funds in accordance with Section IV. Appendices 2 to this Agreement. 2.03. The one-time commission payable by the Borrower is one quarter of one percent (0.25%) of the Loan amount. The Borrower shall pay a one-time commission no later than 60 (60) days after the effective date of this Agreement. 2.04. The interest payable by the Borrower for each interest period will be calculated at a rate equal to the reference rate for the Loan currency plus a variable spread; provided that upon conversion of all or any part of the principal amount of the Loan, the amount of remuneration payable by the Borrower during the conversion period for this amount may be determined in accordance with the provisions of article IV of the General Terms and Conditions. Notwithstanding the above, in the event that any portion of the withdrawn outstanding Loan balance remains unpaid on time and is not paid within thirty (30) days, the amount of remuneration payable by the Borrower will then be calculated in accordance with the provisions of Section 3.02 (e) of the General Terms and Conditions. 2.05. The payment dates are March 15th and September 15th of each year. 2.06. The principal amount of the Loan is repaid in accordance with the repayment schedule set out in Appendix 3 to this Agreement. 2.07. (a) The Borrower may at any time request any of the following Loan terms conversions in order to ensure sound debt management: (i) changing the Loan currency of all or any part of the Loan principal amount, whether withdrawn or not, to an approved currency; (ii) a change in the interest rate basis applicable to: (A) all or any part of the withdrawn and outstanding principal amount of the Loan from a variable rate to a fixed rate, or vice versa; or (B) all or any part of the principal amount of the Loan, withdrawn and outstanding, from a variable rate based on a reference rate and a variable spread, for a variable rate based on a fixed reference rate and a variable spread, or vice versa; or (C) to the entire principal amount of the Loan withdrawn and outstanding, from a variable rate based on a variable spread to a variable rate based on a fixed spread; and (iii) determining the limits of the variable rate or reference rate applicable to all or any part of the withdrawn and outstanding principal amount of the Loan by setting an upper limit the interest rate limit or the lower interest rate limit for a variable rate or a reference rate. (b) Any change requested in accordance with paragraph (a) of this section, which is accepted by the Bank, will be considered a "Conversion" as defined in the General Terms and Conditions, and will take effect in accordance with the provisions of Articles IV of the General Terms and Conditions and Conversion Guidelines.
ARTICLE III - THE DRAFT
3.01. The Borrower declares his commitment to the objectives of the Project. To this end, the Borrower implements the Project through the Ministry of Justice in accordance with the provisions of Article V of the General Terms And Conditions. 3.02. Without prejudice to the provisions of Section 3.01 of this Agreement, unless otherwise agreed between the Borrower and the Bank, the Borrower shall ensure the implementation of the Project in accordance with the provisions of Appendices 2 to this Agreement.
ARTICLE IV – ENTRY INTO FORCE; TERMINATION
4.01. Additional conditions for entry into force are as follows: (a) The Ministry of Justice will form a PIU with terms of reference, personnel and resources satisfactory to the Bank; (b) The Borrower, through the Ministry of Justice, will select an Implementation Support Group that will become part of the PIU; and (c) the Borrower, through the Ministry of Justice, will adopt Implementation Guidance a project that is satisfactory in form and substance for the Bank. 4.02. The deadline for the entry into force of this Agreement is the date following the expiration of one hundred and eighty (180) days after the date of signing this Agreement.
ARTICLE V - REPRESENTATIVE; ADDRESSES
5.01. The Borrower's representative is the Minister of Finance. 5.02. Borrower's address: Ministry of Finance 11 Pobedy Avenue Astana, 010000 Republic of Kazakhstan
Telex: Fax number:
265126 (FILIN) (7) (7172) 717785
5.03. Bank Address:
International Bank for Reconstruction and Development, 1818 H Street, N.W. Washington, DC, 20433 United States of America
Telegraphic address: Telex: Fax number:
INTBAFRAD 248423(MCI) or 1-202-477-6391 Washington, D.C. 64145(MCI)
AGREED in Astana, Republic of Kazakhstan, on the date and year indicated above.
For THE REPUBLIC OF KAZAKHSTAN
Whom: _____________________________ Authorized representative
Full name: Bakhyt Sultanov
Position: Deputy Prime Minister – Minister of Finance
FOR THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
Whom: _____________________________ Authorized representative
Full name: Shebnem Akkaya
Position: Permanent Representative
ADDENDUM 1 Project Description
The objectives of the Project are: (a) to enhance the institutional capacity of selected institutions to effectively implement selected laws, and (b) to increase efficiency, transparency, and access to selected public services in the justice sector.
The project consists of the following parts:
Part A. Strengthening the implementation of key elements of the legal and institutional framework
1. Providing advisory services and training to strengthen the institutional capacities of the Ministry of Justice and other selected institutions responsible for carrying out government functions under the draft Business Code, the Code of Administrative Offences and the Penal Enforcement Code, including but not limited to: (a) conducting regulatory and impact assessments; (b) seminars, training, focus groups and user surveys, as well as other communication and advocacy activities for broad consultation on the application of the Codes; and (c) the development of monitoring and evaluation systems to measure the effectiveness of the Codes. 2. Providing consulting services, training, and goods to support selected institutions in the development of the new proposed law on self-regulatory professional organizations, as well as related bylaws, including, but not limited to: (a) organizing seminars and training on drafting regulatory documents, (b) conducting regulatory and impact assessments; (c) organizing focus groups and conducting user surveys and other communication and advocacy activities for broad consultation on the development of the proposed law and regulations; and (d) developing monitoring and evaluation systems to measure the effectiveness of the proposed law and regulations after their adoption. 3. Providing advisory services, training, and goods to the Ministry of Justice and other selected institutions to improve the Borrower's legislative work, processes, and capabilities, including: (a) coordination and consultation processes between the Borrower's relevant government agencies, (b) feedback mechanisms to evaluate the quality of lawmaking, and (c) measures to enhance transparency and strengthen a knowledge base for lawmaking, including the creation and support of a legislative Internet portal for the Ministry of Justice and other selected institutions of the Borrower.
Part B. Improving the quality of services and efficiency of the Ministry of Justice
1. Provision of consulting services, training and goods to the Ministry of Justice to enhance its capabilities, including, but not limited to: (a) conducting periodic institutional self-assessments; (b) conducting annual public opinion polls to assess public confidence in the Ministry of Justice and other bodies of the Borrower's legal system selected in accordance with the criteria, formulated in the Project Implementation Guide; (c) Developing and implementing integrated performance monitoring mechanisms and indicators, as well as collecting results and preparing reports; (d) Developing a comprehensive communication and capacity development strategy; (e) the development and implementation of the Ministry of Justice's operational roadmap; and (f) the development of monitoring and evaluation systems. 2. Providing consulting services, training, and goods to the Ministry of Justice in order to improve: (a) the enforcement of judgments by the Borrower's courts, (b) conducting surveys and assessments of the effectiveness and transparency of judicial decisions, (c) developing monitoring and evaluation systems to compare international best practices with the Borrower's law enforcement practices; (d) development and pilot implementation of a medium-term strategy for modernization and investment in information systems; and (e) forensic expertise capabilities. 3. Providing consulting services, training, and goods to improve government registration services for the Borrower's Ministry of Justice through, but not limited to: (a) conducting institutional assessments and diagnostics, as well as supporting the application of the results of these assessments and diagnostics, (b) supporting the application of performance indicators, (c) conducting activities to improve the quality of data and information in real estate registration databases and (d) support the accelerated translation of accounting documents from paper to electronic format. 4. Providing consulting services and goods to the Ministry of Justice to improve access to legal aid through, among other things: (a) conducting seminars and training on the application of the law on Free legal aid; (b) using experimental, innovative, stakeholder-led, more effective methods of providing legal aid and developing necessary amendments and ensuring its implementation by-laws; (c) Development and operation of an online legal aid portal; (d) Receiving and publishing comments from users, suppliers, and other interested parties; (e) conducting an analysis of the provision of services by lawyers and notaries; (f) conducting a policy review and financial impact assessment (g) analyzing gender issues in the provision of free legal aid and access to it and preparing a step-by-step strategy for addressing key gender issues in providing assistance, indicating costs, as well as supporting the implementation of the strategy. 5. Providing advisory services to selected institutions to develop: (a) a strategy to facilitate the socio-economic reintegration of former offenders, including through the provision of employment opportunities; and (b) technical specifications for the penitentiary information system to improve communication with courts and selected institutions for more effective case management.
Part C. Improving the efficiency and professionalism of judges
1. Provision of advisory services, training, and goods to the Supreme Court and selected courts in the following areas: (a) Support to selected courts through advisory services, training, and goods to: (i) conduct research and diagnostics to identify obstacles that increase the non-judicial burden on judges; (ii) make recommendations to remove such obstacles and improve the efficiency of judges; and (iii) to implement such recommendations in pilot courts. (b) Enhancing the capacity of the Supreme Court to support and manage the judicial system through the provision of advisory services, training and goods for: (i) monitoring and evaluating the work of lower courts; (ii) simplifying and optimizing judicial procedures; (iii) developing an action plan to increase access to information on the functioning of courts for to the public and participants in court proceedings; (iv) to promote the specialization of courts and judges; and (v) strengthening the institutional capacity of the Supreme Court to perform administrative and managerial functions in relation to lower courts; (vi) enhancing the capacity of the Supreme Judicial Council to evaluate and strengthen judicial disciplinary processes; (vii) facilitating knowledge sharing between judges and other officials in the justice sector. 2. (a) Support the enhancement of the capacities of the Institute of Justice and selected institutions through the provision of advisory services, training and goods for: (i) training of judges and court staff; (ii) preparing and conducting institutional assessments, reviews, policy studies, and the development of strategies and action plans; (iii) Developing and conducting socio-psychological training and seminars for judges and other stakeholders in the justice sector to address social demarginalization and gender issues, as well as other issues facing socially vulnerable groups. (b) Providing technical support to: (i) the Institute of Justice for the preparation of a medium-term development strategy and action plan, including an assessment of training and infrastructure needs; (ii) the Institute of Justice and selected institutions for conducting pilot e-learning courses for judges and court staff; establishing a monitoring system to measure the effectiveness of training; and establishing appropriate mechanisms staff development in order to gain access to international knowledge and best practices; and to enhance the Institute's capabilities and focus on applied policy research (including areas of social demarginalization, gender issues, socio-economic reintegration of former offenders, etc.).
Part D. Implementation and coordination of the project and scientific activities
1. Provision of consulting services, training and coverage of additional operational costs of the Ministry of Justice for: implementation, management, coordination, monitoring and evaluation of the Project, including the hiring of GR. 2. Grant grants under the scholarship program to eligible candidates selected on a competitive basis from organizations in the justice sector to familiarize them with global knowledge and best international practices in the development of reforms and their implementation.
ADDENDUM 2 Project Execution
Section I. Implementation mechanisms
A. Institutional arrangements
1. The Borrower, through the Ministry of Justice: (a) will maintain a Project Implementation Team ("PIU") during the Project implementation period, headed by the Project Director, who will be responsible for the overall implementation of the Project, management and supervision of the Implementation Support Team. (b) no later than seven (7) days after the effective date or such other later date as the Borrower and the Bank may agree in writing, enter into a contract for consulting services with the Implementation Support Group to support the PIU with a technical specification, resources and personnel satisfactory to the Bank; and in the future, it will retain the Implementation Support Group as part of the Hydraulic Fracturing Company. (c) select eligible Candidates for scholarship grants in accordance with eligibility criteria, selection methods and procedures acceptable to the Bank, which should be included in the Scholarship Grant Guidelines, and ensure that the PIU reviews and evaluates eligible Candidates in accordance with financial payment, monitoring and evaluation processes. approval, as well as other provisions acceptable to the Bank, which are described in more detail in the Project Implementation Guide. (d) ensure that contracts are concluded, in form and substance, for a period and conditions satisfactory to the Bank, for each scholarship program grant, and under such contracts, the Borrower must obtain sufficient rights to protect his interests and those of the Bank and to achieve the objectives of the Project, including the right to: (i) suspend or termination of the eligible Candidate's right to receive a grant under the scholarship program in case the eligible Candidate fails to fulfill any of his obligations under the relevant contract.; and (ii) obtaining all information that the Bank or the Borrower may reasonably request in relation to the scholarship program grant.
B. Project Implementation Guidelines and Scholarship Grant Guidelines
1. Provision of consulting services, training and coverage of additional operating expenses of the Ministry of Justice for: implementation, management, coordination, monitoring and evaluation of the Project, including hiring a GP. 2. Grant grants under the scholarship program to eligible candidates selected on a competitive basis from organizations in the justice sector to familiarize them with global knowledge and best international practices in the development of reforms and their implementation.
ADDENDUM 2 Project Execution
Section I. Implementation mechanisms
A. Institutional arrangements
1. The Borrower, through the Ministry of Justice: (a) will maintain, during the Project implementation period, a Project Implementation Team ("PIU") headed by the Project Director, who will be responsible for the overall implementation of the Project, management and supervision of the Implementation Support Team. (b) no later than seven (7) days after the effective date or such other later date as the Borrower and the Bank may agree in writing, enter into a contract for consulting services with the Implementation Support Group to support the PIU with a technical specification, resources and personnel satisfactory to the Bank; and in the future, it will retain the Implementation Support Group as part of the Hydraulic Fracturing Company. (c) select eligible Candidates for scholarship grants in accordance with eligibility criteria, selection methods and procedures acceptable to the Bank, which should be included in the Scholarship Grant Guidelines, and ensure that the PIU reviews and evaluates eligible Candidates in accordance with financial payment, monitoring and evaluation processes. approval, as well as other provisions acceptable to the Bank, which are described in more detail in the Project Implementation Guide. (d) ensure that contracts are concluded, in form and substance, for a period and conditions satisfactory to the Bank, for each scholarship program grant, and under such contracts, the Borrower must obtain sufficient rights to protect his interests and those of the Bank and to achieve the objectives of the Project, including the right to: (i) suspend or termination of the eligible Candidate's right to receive a grant under the scholarship program in case the eligible Candidate fails to fulfill any of his obligations under the relevant contract.; and (ii) obtaining all information that the Bank or the Borrower may reasonably request in relation to the scholarship program grant.
B. Project Implementation Guidelines and Scholarship Grant Guidelines
1. The Borrower should implement the Project in accordance with the Project Implementation Guidelines that are satisfactory in form and substance to the Bank, and these Guidelines should include, among other things, institutional arrangements, procurement, financial management, monitoring and evaluation mechanisms for Project implementation, responsibilities and coordination mechanisms for selected institutions. 2. The Borrower must ensure that Part D.2 of the Project is implemented in accordance with the Scholarship Grant Guidelines, which are in form and in substance satisfactory to the Bank, which should include, inter alia (a) selection methods and eligibility criteria for eligible Candidates, (b) financial payment, monitoring and approval processes, (c) technical specifications for grants under the scholarship program and (d) a standard grant agreement for the scholarship program. 3. The Project Implementation Guidelines and/or Scholarship Grant Guidelines may be amended from time to time with the prior written consent of the Bank. In the event of any conflict between the provisions of the Project Implementation Guide or the Grant Guide and the provisions of this Agreement, the provisions of this Agreement will prevail. In the event of any conflict between the provisions of the Project Implementation Guidelines and the provisions of the Scholarship Grant Guidelines, the provisions of the Project Implementation Guidelines will prevail.
C. Countering corruption
The Borrower will ensure the implementation of the Project in accordance with the Anti-Corruption Guidelines.
Section II. Monitoring, reporting and evaluation of the Project
A. Project Reports
1. The Borrower will monitor and evaluate the progress of the Project and will prepare Project reports in accordance with the provisions of Section 5.08 of the General Terms and Conditions and based on indicators acceptable to the Bank. Each Project report must cover a period of one calendar half-year and be submitted to the Bank no later than forty-five (45) days after the end of the period covered by such report.
B. Financial management, financial reports and audit
1. The Borrower will maintain or ensure the maintenance of the financial management system in accordance with the provisions of Section 5.09 of the General Terms and Conditions. 2. The Borrower will prepare and submit to the Bank, no later than forty-five (45) days after the end of each calendar quarter, interim financial reports on the Project acceptable to the Bank in form and substance for the relevant quarter that have not passed the audit. 3. The Borrower will audit its financial statements in accordance with the provisions of Section 5.09 (b) of the General Terms and Conditions. Each audit of financial statements should cover a period of one financial year of the Borrower. The audited financial statements for each such period must be submitted to the Bank no later than six (6) months after the end of the relevant period.
Section III. Purchases
A. General provisions
1. Goods and non-consulting services. All goods and non-consulting services required for the implementation of the Project and financed from the Loan funds are purchased in accordance with the requirements contained or referenced in Section I of the Procurement Manual, as well as in accordance with the provisions of this Section. 2. Consulting services. All consulting services required for the Project and funded by the Loan must be procured in accordance with the requirements contained or referenced in Sections I and IV of the Consultant Selection and Recruitment Guidelines, as well as in accordance with the provisions of this Section. 3. Definitions. The capitalized terms used below in this Section to describe individual procurement methods or the Bank's review methods for individual contracts refer to the relevant method described in Sections II and III of the Procurement Manual or Sections II, III, IV and V of the Consultant Selection and Recruitment Manual, as appropriate..
B. Selected methods of purchasing goods and non-consulting services
1. International competitive bidding. Unless otherwise provided in paragraph 2 below, the procurement of goods and non-consulting services will be carried out under contracts awarded in accordance with international competitive bidding procedures. 2. Other methods of purchasing goods and non-consulting services. In addition to international competitive bidding, the following methods of procurement of goods and non-consulting services may be used for those contracts specified in the Procurement Plan: (a) national competitive bidding, which is governed by the additional provisions specified in the Annex to this Appendix 2; and (b) procurement on the open market.
C. Selected methods of procurement of consulting services
1. Selection based on quality and cost. Unless otherwise provided in paragraph 2 below, the procurement of consulting services will be carried out within the framework of contracts awarded in accordance with the selection procedure based on quality and cost. 2. Other methods of procurement of consulting services. In addition to Selection based on quality and cost, the following methods of procurement of consulting services may be used for those contracts specified in the Procurement Plan: (a) Selection with a fixed budget; (b) Selection at the lowest cost; (c) Selection based on the qualifications of consultants; (d) Procurement of consulting firms from a single source; and (e) Procedures for the selection of individual consultants from a single source.
D. The Bank's review of procurement decisions
The Procurement Plan should specify those contracts that are subject to preliminary review by the Bank. All other contracts are subject to review by the Bank after the fact.
Section IV. Withdrawal Of Loan Funds
A. General provisions
1. The Borrower may withdraw the Loan funds in accordance with the provisions of Article II of the General Terms and Conditions, this Section and those additional instructions specified by the Bank in the notification to the Borrower (including the "World Bank Guidelines for the Disbursement of Project Funds" dated May 2006, periodically reviewed by the Bank and applicable to this Agreement in accordance with such instructions), to finance Eligible Expenses according to the table in paragraph 2 below. 2. The table below shows the categories of Eligible Expenses that can be financed from the Loan (the "Category"), the Loan amounts allocated for each Category, and the percentage of expenses to be financed as Eligible Expenses for each Category.
Category
Loan amount allocated (expressed in US dollars)
Share of expenses to be financed
(1) Providing consulting services, conducting training and covering additional operational costs of the Project (not including grants under the scholarship program under Part D.2. The project)
35,577,000
60 %
(2) Provision of grants under the scholarship program under Part D.2. The project
423,000
60 %
TOTAL AMOUNT
36,000,000
B. Withdrawal conditions; withdrawal period
1. Regardless of the provisions of Part A of this Section, funds should not be withdrawn: (a) from the Loan account until the Bank receives the full amount of the lump sum fee; (b) for payments made prior to the date of this Agreement; or (c) for category (2) until the Guidelines for the Allocation of Scholarship Grants satisfactory to the Bank are adopted As a borrower through the Ministry of Justice. 2. The closing date is December 31, 2018.
Section V. Other commitments
No later than forty-five (45) days from the Effective Date, the Borrower must ensure that the Ministry of Justice launches a fully functional automated computer accounting software module for the Project capable of generating interim financial reports that have not passed audit and providing data on the accounts and obligations of the Project acceptable to the Bank.
Appendix to APPENDIX 2
The procedures for conducting national competitive bidding ("NCT)" must comply with the bidding procedures set out in the Law of the Republic of Kazakhstan dated July 21, 2007 No. 303-III "On Public Procurement" as amended by the Law of the Republic of Kazakhstan dated January 14, 2014 No. 161-V "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on public procurement", however, provided that such procedures comply with the provisions of Section I and paragraphs 3.3 and 3.4 of the "Guidelines for the Procurement of Goods, works and non-consulting services at the expense of IBRD and IDA loans, as well as grants provided to World Bank borrowers" (January 2011) ("Procurement Guidelines") and the following additional provisions: (a) Eligibility: The eligibility of bidders to participate in the procurement process and conclude a contract funded by the Bank will be determined in accordance with Section I of the Procurement Manual; Accordingly, no bidder or potential bidder may be declared ineligible to enter into Bank-funded contracts for reasons other than those specified in Section I of the Procurement Manual. Foreign bidders are allowed to participate in the CNT procedures, and they are not required to enter into partnerships with local bidders to participate in the procurement process. (b) Registration: Competitive bidding should not be limited to pre-registered firms, nor is it required that foreign bidders register with local authorities as a condition for submitting bids. (c) Preferences: No preferences of any kind should be applied in evaluating bids based on the nationality of the bidder; origin of goods, services, or labor; local content; local ownership interest; and/or any other preference programs. (d) Tender documents: Procurement organizations should use an appropriate standard package of tender documents, including contract provisions acceptable to the Bank. (e) Estimated costs: Estimated costs should not be disclosed to potential bidders. (f) The validity period of the tender application: An extension of the validity period of bids, if this is due to exceptional circumstances, may be requested in writing from all bidders before the expiration of the validity period of bids and for the minimum period necessary to complete the evaluation or award of the contract, provided that such extension will cover only the minimum period necessary to complete the evaluation and/or the award of the contract, and must not exceed four (4) weeks. No additional extensions should be requested without the prior written consent of the Bank. (g) Submission and opening of bids: Potential bidders will be given at least thirty (30) days from the date of publication of the invitation to participate in the tender or from the date of readiness of the tender documentation, whichever is later, to prepare and submit bids. Applications are opened publicly, immediately after the deadline for their submission. A copy of the tender opening protocol must be provided immediately to all bidders who submitted bids and to the World Bank in respect of contracts subject to preliminary review by the Bank. (h) Qualifications: The qualification criteria should be clearly stated in the bidding documents. All criteria specified in such documentation, and only these specified criteria, should be used to determine the qualifications of the bidder. Qualifications should be assessed using the "passed or failed" method, and no points should be used. Such assessments should be based entirely on the capabilities and resources of the bidder or potential bidder necessary to effectively execute the contract, taking into account objective and measurable factors, including: (i) relevant general and specific experience and a satisfactory track record of successful execution of such contracts over a specified period; (ii) financial situation; and, depending on (iii) availability of construction and/or production facilities. (i) Prequalification procedures and documents satisfactory to the Bank should be used for large, complex and/or specialized work contracts. Verification of the information on the basis of which the bidder has been prequalified, including the current obligations and capabilities of the bidder regarding personnel and equipment, should be carried out at the time of awarding the contract. (j) In cases where prequalification is not used, the qualifications of the bidder who is recommended for the award of the contract will be evaluated during the postqualification process using the qualification criteria specified in the tender documents. (k) Evaluation of bids: The evaluation criteria should be clearly stated in the bidding documents. The evaluation of bids should be carried out in strict accordance with the quantifiable criteria stated in the tender documentation. Evaluation criteria other than price should be quantified in monetary terms. No points or the method of extremes should be used, and no minimum points or percentages should be used to determine the importance of price in evaluating bids. Bidders should not be excluded on the basis of minor, insignificant deviations. The bidder may request clarifications from bidders necessary to evaluate their bids, but he may not ask or allow bidders to change the nature or price of their bids after opening the bids. (l) Contracts should be awarded to a qualified bidder whose bid: (i) substantially meets the requirements of the bidding documents; and (ii) and offers the lowest estimated value. There should be no negotiations regarding the price or the nature of the bid. (m) Rejection and resubmission of bids: No bids should be rejected solely because their price is lower or higher than the estimated value, falls outside the range or beyond the limits of the cost of bids. All bids (including cases where less than two bids have been received) should not be rejected, the procurement process should not be canceled, and the invitation to submit new bids should not be published without the prior written consent of the World Bank. (n) Guarantees: Guarantees of bids and performance of contracts must be provided in the format and have the required validity period specified in the tender documentation. If necessary, the security of the tender application can be expressed in the form of a fixed amount and should not exceed two percent (2%) of the estimated contract value. No advance payments should be made to contractors without an appropriate Advance Payment Guarantee. (o) Confidentiality: The process of evaluating bids should be kept confidential until information about the award of the contract is published. (p) E-procurement systems: E-procurement systems may be used, provided that the World Bank is satisfied with the parameters of the systems, while, among other things, the system must be secure and maintain the integrity, confidentiality and authenticity of submitted bids. (q) Fraud and corruption: According to the Procurement Manual, all tender documents and contracts must include the provisions of the World Bank's policy on sanctions against firms or individuals found to be engaged in fraudulent and/or corrupt activities, as defined in the Procurement Manual. (r) Rights regarding the conduct of inspections and audits: According to the Procurement Guidelines, each package of tender documents and each contract funded by the Bank must contain provisions stating that bidders, suppliers and contractors, as well as their subcontractors, agents, employees, consultants, service providers or suppliers, will allow the Bank to verify their accounts, accounting and other documentation. related to the submission of bids and the execution of contracts, as well as to allow auditors appointed by the Bank to audit accounts and accounting documents. Actions aimed at creating significant difficulties in the Bank's exercise of its rights during inspections and audits provided for in the Procurement Manual are an obstructive practice as defined by the specified Manual. (s) Publication of information on the award of contracts: The bidder must publish the following information on the award of contracts on a free, publicly accessible website or using other means of publication acceptable to the World Bank: (a) the name of each bidder who submitted an application; (b) the prices of the bids that were announced during the opening of the envelopes with the bids; (c) the names of the participants and the estimated value of each bid that was evaluated; (d) the names of the bidders whose bids were rejected and the reasons for rejecting these bids; (e) the name of the winner of the bid and the proposed bid They include the price, as well as the duration and a brief overview of the coverage of the awarded contract.
ADDENDUM 3 Repayment schedule
1. In accordance with the provisions of paragraph 2 of this Addendum, the Borrower will repay each disbursed amount once every six months in installments due on March 15 and September 15 of each year, with the first installment due on the eleventh (11) payment date following the date of fixing the repayment amount for the disbursed amount, and the last The contribution is due on the thirtieth (30th) payment date following the date of fixing the repayment amount for the disbursed amount. Each contribution, with the exception of the last one, is equal to one twentieth (1/20) of the disbursed amount. The last installment will be equal to the remaining outstanding portion of the disbursed amount. 2. If one or more contributions to repay the principal debt for the disbursed amount in accordance with the provisions of paragraph 1 of this Addendum are due after March 15, 2034, the Borrower will also pay the total amount of all such contributions on that date. 3. The Bank must notify the Loan parties of the repayment schedule for each disbursed amount immediately after the date of fixing the repayment amount for the disbursed amount.
application Definitions
1. "Code of Administrative Offences" means The Borrower's Code of Administrative Offences dated January 30, 2001 (No. 155), as amended by the Borrower's Law dated January 17, 2014 (No. 166-V) "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Countering the Activities of Financial (Investment) Pyramids", as well as other amendments that they may be amended from time to time. 2. "Anti-Corruption Guidelines" means "Guidelines for the Prevention and Control of Fraud and Corruption in Projects Financed from IBRD Loans and IDA Loans and Grants" dated October 15, 2006 and as amended in January 2011. 3. "Category" means the category specified in the table of Section IV of Appendix 2 to this Agreement. 4. "Codes" means, collectively, the Business Code, the Code of Administrative Offences and the Penal Enforcement Code. 5. The "Consultant Guide" means the "Guidance on the Selection and Recruitment of Consultants under IBRD Loans, IDA Loans and Grants Provided to World Bank Borrowers" dated January 2011. 6. "Business Code" means the Borrower's Business Code, which is being prepared in accordance with the Government's legislative work plan and which will be submitted to the Borrower's Parliament presumably in June 2014. This term refers to the Business Code after its full implementation by the Borrower. 7. "Eligible Candidate" means a candidate who is eligible for a scholarship program grant in accordance with the selection and eligibility criteria acceptable to the Bank, which are specified in the Project Implementation Guide. 8. "Scholarship Program Grant" means a grant provided to an eligible Candidate in accordance with the selection methods, eligibility criteria, procedures, transactions, control and approval processes, implementation mechanisms, and necessary terms of reference specified in the Project Implementation Manual. 9. "Scholarship Grant Guidelines" means the guidelines to be adopted by the Borrower and referred to in Section I.B.2 of Appendix 2 to this Agreement. 10. "General Terms and Conditions" means the "General Terms and Conditions for Loans of the International Bank for Reconstruction and Development" dated March 12, 2012. 11. "Implementation Support Group" or "GPR" means a consulting firm that will be engaged by the Borrower through the Ministry of Justice to provide practical support to the PIU for the implementation of the Project in accordance with Section I.A1 (b) Appendices 2 to this Agreement. 12. "Additional operating expenses" means reasonable and necessary additional expenses related to the implementation, management, coordination, monitoring and evaluation of the Project, approved by the Bank on the basis of semi-annual budgets acceptable to the Bank, which include, but are not limited to: (i) utilities and communications; (ii) organization of seminars; ((iii) Transportation and travel expenses, including for officials and experts involved in the Project; (iv) office supplies; (v) media relations and advertisements, printing and publications; (vi) interpretation and written translation; (vii) payment of bank fees; and (viii) rental of vehicles and fuel. Regardless of the above, additional operating expenses will not include salaries or cash benefits for government employees of the Borrower. 13. "Institute of Justice" means the Institute of Justice of the Academy of Public Administration of the Borrower under the President of the Republic of Kazakhstan, established on the basis of Decree of the President of the Republic of Kazakhstan dated May 31, 2005 No. 1583, and any of its legal successors. 14. "Law on Free Legal Aid" means the Borrower's Law of July 3, 2013 (No. 122-V) "On State-Guaranteed Legal Aid" as amended from time to time. 15. "Law on Self-Regulating Professional Organizations" means the law on self-regulating professional organizations to be developed by the Borrower and referred to in Part A.2 of Appendix 1 to this Agreement. 16. "Penal Enforcement Code" means The Borrower's Penal Enforcement Code dated December 13, 1997 (No. 208), as amended by the Borrower's Law dated January 15, 2014 (No. 164-V) "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Improving Enforcement Proceedings", as well as other amendments that may from time to time there is no time to enter it. 17. "Procurement Manual" means the January 2011 Guidelines for the Procurement of Goods, Works and Non-Consulting Services for IBRD Loans, IDA Loans and Grants by World Bank Borrowers. 18. "Procurement Plan" means the Borrower's procurement plan for the Project dated February 10, 2014, which is mentioned in paragraph 1.18 of the Procurement Manual and paragraph 1.25 of the Guidelines for the Selection and Hiring of Consultants. The plan will be updated periodically in accordance with the provisions of these paragraphs. 19. "Project Implementation Group" or "PIU" means the project implementation group under the Ministry of Justice, which is responsible for the implementation of the Project. 20. "Ministry of Economy and Budget Planning" means the Ministry of Economy and Budget Planning of the Borrower and any of its legal successors. 21. "Ministry of the Interior" means the Ministry of the Interior of the Borrower and any of its legal successors. 22. "Ministry of Justice" means the Ministry of Justice of the Borrower and any of its legal successors. 23. "Project Implementation Guide" means the guide that will be accepted by the Borrower and which is mentioned in Section I.B.1 of Appendix 2 to this Agreement. 24. "Selected institutions of the Borrower" means any of the following: (a) the Ministry of Justice; (b) the Ministry of Economy and Budget Planning; (c) the Ministry of Regional Development; (d) the Ministry of the Interior; (e) the Supreme Court; or (f) another government agency of the Borrower selected in accordance with the criteria specified in the Project Implementation Guide. 25. "Selected courts" means the courts of first instance of the Borrower located in Almaty, Astana, Aktobe, Semey, Pavlodar and Karaganda, or other courts selected in accordance with the criteria specified in the Project Implementation Guide. 26. "Supreme Court" means the Supreme Court of the Borrower and any of its legal successors. 27. "Training" means training activities (other than consulting services) to be carried out within the framework of the Project after approval by the Bank on the basis of semi-annual training and study tour plans acceptable to the Bank, including reasonable and necessary expenses for domestic and international travel and obtaining visas borne by participants during training seminars. as well as expenses for accommodation, meals, travel expenses for local and international trips in accordance with the Borrower's regulatory documents, registration, tuition fees and curatorial services, non-essential organizational costs (including the cost of stationery, handouts, and educational materials), translation and interpretation costs, rental costs, and other expenses directly related to training seminars and study tours.
I hereby certify that this translation corresponds to the text of the Loan Agreement (Project for Institutional Strengthening of the Justice Sector) between the Republic of Kazakhstan and the International Bank for Reconstruction and Development in English.
B. Akhmetzhanova, Head of the State Language Development Department of the Department of Document Management and Control, State Language Development of the Ministry of Finance of the Republic of Kazakhstan
RCPI's note! The following is the text of the Agreement in English.
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
