Annex
Terms and conditions for tendering the right to use subsoil
for the development of the
limestone and loam Kurmenty and criteria for determining the winner
1. Purpose and objectives of the tender
1. The tender for the subsoil license regarding the Kurmenty mineral deposit, being the
deposit of national importance, is carried out in accordance with these Terms and procedures of
the tender for the subsoil license for the development of Kurmenty limestone and clay loam
deposit (hereinafter – “the Terms”), approved by the tender evaluation protocol No. 3 dated
November 21, 2014, and developed in accordance with the requirements of the Law of the
Kyrgyz Republic “On Subsoil”, the Regulations “On the procedure and terms of the tender for
the subsoil license”, affirmed by the Government Resolution of the Kyrgyz Republic No. 834
dated December 14, 2012, and pursuant to the Decree of the Government of the Kyrgyz Republic
No. 476-p dated October 28, 2014.
2. The tender for the subsoil license for the development of Kurmenty limestone and clay
loam deposit (hereinafter – “the Kurmenty deposit”) is carried out to determine the winner,
which proposed the most favourable terms for the Kyrgyz Republic upon the development of the
Kurmenty deposit.
2. General Information
3. The Kurmenty deposit of cement raw materials is located on the southern slope of the
Kungey Ala-Too Range, 4 km to the north from the Issyk-Kul Lake.
4. Administratively, the Kurmenty deposit is located on the territory of Tup district of
Issyk-Kul region of the Kyrgyz Republic.
5. The geographical coordinates of the deposit are 42°49' N and 78°14'22" E.
6. The absolute marks range from 1795 m to 2020 m.
The rectangular coordinates: K - 44 - 37.
Table 1
Item
X
Y
Item
X
Y
3
1
2
1
2
3
4
5
6
Kurmenty limestone deposit
14274359
4745815
14274859
4746052
14275088
4745605
14274824
4745409
14274916
4744933
14274661
4744781
S = 0.48 sq. km or 48.0 ha
1
2
3
4
5
6
7
8
9
Kurmenty clay loam deposit
14271890
4745165
14272140
4745195
14273230
4744975
14273240
4744770
14273160
4744600
14272735
4744600
14272355
4744720
14272010
4744700
14271850
4744800
S = 0.598 sq. km or 59.8 ha
7. 2.5 km to the south from the Kurmenty deposit there passes the Bishkek-Karakol
highway, connecting to the nearest railway station of Balykchy, which is located 175 km to the
west from the deposit. There is another way, a waterway through the Issyk-Kul Lake. The berth
is located 4 km to the south from the Kurmenty deposit.
8. In 1939, the exploration works, under the guidance of I.K. Prosoedov, were carried out
on the Kurmenty deposit. Following the results of these works, there was composed a report and
estimated the reserves of limestone by category A2 - 958 thousand tons, by category B - 138
thousand tons and of clay loam by category A2 - 424 thousand tons. These reserves were
approved by the Kyrgyz Territorial Reserves Committee (hereinafter – “the TRC”) in 1940.
9. Following the results of the works performed, the TRC have discovered and approved
the reserves of limestone by category A in the amount of 842.6 thousand tons, by category B 185.7 thousand tons, and of the loess loam by category A - 185.7 thousand tons and by category
B - 567.7 thousand tons (protocol No. 216 dated September 15, 1957).
10. In 1960-1961, the Kurmenty geological exploration crew of the Chui expedition at
the Department of Geology of the Kyrgyz SSR has carried out an additional exploration on the
deposit for the purpose of reserve increment. On the limestone area of the Kurmenty deposit, the
additional exploration from the surface has been carried out, using ditches and pits, and to the
depth, using day drifts.
11. Following the results of the works performed, there have been discovered the reserves
of limestone in the amount of 20.2 million tons and of clay loam in the amount of 6 million tons.
The limestone reserves, submitted to the State Reserves Commission (hereinafter – “the SRC”),
have not been approved, but taken into consideration.
12. In 1971 there have been performed an additional study of the limestone area of the
Kurmenty deposit in order to use the air-hardening lime in the manufacture. In the deposit, there
have been selected six technological samples, the research of which found that the limestone can
be used for the production of the first grade air-hardening lime. The limestone reserves by
categories A + B + C1 as of September 1, 1971 amounted to 19.9 million tons (protocol of TRC
No. 275 dated December 17, 1971).
13. In 1970 – 1971, in the clay loam area of the Kurmenty deposit near the area No. 2
there has been carried out a preliminary and detailed exploration in order to determine the quality
of clay loam for the production of bricks, clay blocks, agloporite and cement. Following the
results of the works performed, there have been established that the clay loam is suitable for the
production of frost-susceptible ordinary loam brick and five-slotted clay blocks of mark “75” and
“100”, lightweight aggregate (agloporite) and Portland cement of grades 400 and 500 (protocol
No. 298 dated October 31, 1973).
3. Main requirements to the bidders
14. The participation in tender includes:
- Legal entities, registered in the Kyrgyz Republic;
- Legal entities, registered in the foreign country (hereinafter – “the foreign legal entities”).
15. The entities, participating in tender (hereinafter – “the bidders”), in order to obtain the
subsoil license shall provide the tender committee with the information and documents,
evidencing that they:
- have at least 2 years of the deposit development experience;
- possess and apply the modern technologies of mineral exploration, mining and processing;
- have own funds and/or have the ability to involve the additional funding, required for the
development of the Kurmenty deposit;
- ensure in their activities to comply with international standards and standards of the Kyrgyz
Republic on industrial safety, environmental safety, subsoil protection and sustainability.
16. The bidders are entitled to provide the tender committee with the additional
information and documents about the level of their qualification, production, financial and other
capabilities, required to obtain the subsoil license for the development of Kurmenty deposit.
4. Main terms of the subsoil use of the Kurmenty deposit
17. The main terms of subsoil use are the performance of a number of liabilities by the
entity, which won the tender and received the subsoil license for the development of the
Kurmenty deposit (hereinafter – “the license”), in particular, the winning bidder, which received
the license (hereinafter – “the licensee”) shall:
- pay for the subsoil license of tender subject in the amount, specified in the relevant bid, but not
less than 1 500 000 USD (hereinafter – “the price for the subsoil license of tender subject”);
- ensure the preparation of the technical project and its approval by the competent government
bodies and relevant institutions with the positive expert opinions on the industrial safety,
environmental safety and protection of mineral resources, as well as the obtaining of approval
documents for the construction of infrastructure and other facilities, required for the development
of the Kurmenty deposit, no later than 1 year from the issue date of production license;.
- start the construction of cement plant (hereinafter – “the Plant”) no later than 3 months after the
approval of the technical project for the deposit development by the competent authorities. In
case of violation of the start-up time, the licensee agrees to pay a penalty of 30 000 USD (100%
to the republican budget) for each full month of the violation of the start-up time, except for the
force majeure (according to the Law of the Kyrgyz Republic “On Subsoil”), confirmed by the
competent government bodies;
- ensure the commissioning of the Plant in the stated period, which may not exceed 2 years from
the date of approval of the technical project for the deposit development by the competent
authorities. In case of violation of the commissioning period, the licensee agrees to pay a penalty
of 30 000 USD (100% to the republican budget) for each full month of the violation of the
commissioning period, except for the force majeure (according to the Law of the Kyrgyz
Republic “On Subsoil”), confirmed by the competent government bodies;
- ensure the reaching the project capacity of the Plant with the performance, specified in the
technical project, but not less than 50% of project capacity, no later than 1 year from the date of
its commissioning. In case of violation of the period to reach the 50% project capacity, the
licensee agrees to pay a penalty of 30 000 USD (100% to the republican budget) for each full
month of the violation of the commissioning period, except for the force majeure (according to
the Law of the Kyrgyz Republic “On Subsoil”), confirmed by the competent government bodies;
- include the measures for industrial and environmental safety, protection and rational use of
mineral resources, the project of mined-land reclamation and subsequent monitoring with the
creation of the relevant fund, the project of elimination of mining property, the description of the
other licensee’s actions, required for the most sustainable, safe and efficient subsoil use in
accordance with international standards and laws of the Kyrgyz Republic, in the technical project
for the deposit development;
- apply the modern explosives at the extraction of limestone, excluding the use of the simplest
explosives such as "”Igdanit” (in order to reduce the industrial impact on the biosphere territory
of the Issyk-Kul Lake);
- use the modern mining-and-transport and crushing-and-screening equipment at the
development of the deposit, in order to eliminate dust emissions into the atmosphere;
- ensure investment, including by attracting funding from banks and financial institutions,
pursuant to the project, excluding the price for the subsoil license of tender subject, specified in
the clause 22 hereof, and bonuses for the first 3 years from the issue date of licenses;
- strictly observe the provisions of the technical projects, approved by the competent government
bodies, and fulfil the requirements of the laws of the Kyrgyz Republic, including the
requirements for sustainability, environmental protection and industrial safety;
- prepare a social package (Agreement), which is to be developed on the basis of program of
social-and-economic development of local communities and territories, as well as with a
program of investment in the local infrastructure, arrangement of work places for people,
residing in the project area, maximum use of local labour during the deposit development,
organization of professional training of people in order to involve them to works, related to the
deposit development, assistance in solution of other issues, related to the program of social-and-
economic development of the Issyk-Kul region, and submit them no later than 2 months from the
license receipt date to the local public authorities for the subsequent consideration and approval.
At the same time, within the first three years the investment amount for the development of local
community for Ak-Bulak aiyil okmotu (village council) in money terms shall be at least
3 950 000 KGS, for Sary-Bulak aiyil okmotu - at least 3700 000 KGS, and in subsequent years
for each aiyl okmotu - at least 3 000 000 KGS. In addition, the program of social-and-economic
development shall include the provision of each ayil okmotu with 350 tons of crushed stone, 100
tons of clay loam and 100 tons of cement at cost price;
- involve foreign specialists for the Plant construction period and before its commissioning in the
amount of no more than 30%, and after the Plant commissioning - no more than 10% of the total
number of licensee’ employees, with account for contracting and subcontracting organizations;
- perform the procurement of 100% of inventories (hereinafter – “the Inventories”), complying
with the established quality standards of works and services on the territory of the Kyrgyz
Republic, required to ensure the licensee’ activities, except for the procurement of goods, works
and services, which are not produced, executed and rendered in the Kyrgyz Republic. At the
same time, in all other conditions being equal, there should be procured the Inventories, works
and services, produced on the territory of the Issyk-Kul region;
- the terms for granting of the subsoil license, including the main terms above, are defined in the
license agreement to the license, issued to the winning bidder. Failure to execute the above terms
of the subsoil use is the ground for the imposition of responsibilities, stipulated by the laws of
the Kyrgyz Republic.
18. Applying the bid, the bidder automatically recognizes the main terms of subsoil use above
and agrees them to be included in the license agreement, issued to the winning bidder.
5. Amount, procedure and terms of payment of fees, guarantee deposit, price, taxes and
other expenses
19. Payment for a package of brief geological information.
- the committee executive body provides each applicant with a prior geological information. To
participate in the tender, the applicants shall purchase the specified geological information for
142 811 KGS;
- if necessary, the applicant is entitled to purchase the additional geological information in
accordance with the Law of the Kyrgyz Republic “On Subsoil” and the Regulations on the
procedures and terms for granting the use of geological information resources, approved by the
Government Resolution of the Kyrgyz Republic No. 144 dated March 17, 2014;
- the cost of brief geological information, specified in the second paragraph of this clause, shall
be included in the final price for the subsoil license of tender subject and shall not be refunded,
regardless of the results of examination of documents and/or the tender results;
- after the decision on the winning bidder, he receives a full package of geological information at
the cost of 1 152 151 KGS (with account of the cost for the brief geological information). The
cost of this package shall be included in the final price for the subsoil license of tender subject;
-.the specified payments shall be transferred to the special account of the committee executive
body - State Agency for Geology and Mineral Resources under the Government of the Kyrgyz
Republic (hereinafter – “the State Geology Agency”) and remain in its possession. The
geological information shall be issued to the applicant immediately after the full payment of its
value.
20. Tender fee.
1) To participate in the tender, the bidders shall pay a tender fee in the amount of 500 000 KGS
or its equivalent in USD at the exchange rate of the National Bank of the Kyrgyz Republic on the
payment day (hereinafter – “the tender fee”). The tender fee shall not be included in the final
price for the subsoil license of tender subject and shall not be refunded, regardless of the results
of examination of documents and/or the tender results, except for the cases, described in the
clause 43 hereof. The specified funds shall be transferred to the special account of the committee
executive body (State Geology Agency) and remain in its possession.
21. Guarantee deposit of the winner.
1) The winning bidder shall make a guarantee deposit in the amount of 10% of the proposed
price (hereinafter – “the guarantee deposit of the winning bidder”) within 5 working days from
the date of winner announcement. In the case of winner’s further payment of the price for the
subsoil license, pursuant to the clause 22 hereof, the guarantee deposit of the winning bidder
shall be offset in the price for the subsoil license of tender subject. The guarantee deposit of the
winning bidder shall not be refunded to the winner if he fails to pay the price for the subsoil
license of tender subject within the period, specified in the clause 22 hereof, and shall be
transferred to the republican budget.
22. Price for the subsoil license of tender subject.
1) The price for the subsoil license of tender subject can not be less than 1 500 000 USD. The
price shall include the bonus amount (subsoil tax) and the price for a package of geological
information on subsoils, however, the bidders may propose the higher price. The total amount
net of bonus and price for the package of geological information on subsoil shall be distributed
in accordance with the Regulation “On the procedure and terms of the tender for the subsoil
license”, affirmed by the Government Resolution of the Kyrgyz Republic No. 834 dated
December 14, 2012. The price for the subsoil license of tender subject shall be a one-time and
non-refundable payment. The winning bidder shall pay the proposed price for the subsoil license
of tender subject within 30 calendar days from the date of decision on winner. In addition, the
protocol on decision on the winner shall be posted on the official websites of the Government of
the Kyrgyz Republic and the State Geology Agency.
23. Payment details.
The payment for geological information, tender fee, guarantee deposit of the winner, as well as
the price for the subsoil license of tender subject, specifying the appropriate purpose, shall be
transferred to the account of State Geology Agency by the following details:
Recipient: Oktyabrsky Treasurer’s Regional Office in Bishkek
Bank: Oktyabrsky branch of JSC “RSK Bank”, Bishkek
BIC: 129053
Settlement account: 1290534132810077
Client account: 4402032100002327
Purpose of payment: [payment for geological information to the client account of State Geology
Agency]/ [tender fee to the client account of State Geology Agency] / [guarantee deposit of the
winner to the client account of State Geology Agency] / [subsoil payment (price for the subsoil
license of tender subject) to the client account of State Geology Agency].
24. The winning bidder shall pay the license payments, taxes, non-tax payments and other
mandatory payments, charges and fees in accordance with the current laws of the Kyrgyz
Republic.
6. Tender stages and documents, submitted by the bidders
25. The tender shall be made in two stages. At the first stage, the tender committee receives and
evaluates the documents, submitted by the bidders, for their compliance with the requirements,
specified hereof, in order to admit to the second stage or reject. At the second stage, the tender
committee receives and evaluates the documents, submitted by the bidders, accepted to the
second stage, for their compliance with the requirements, specified hereof, and decided on the
winning bidder in accordance with the set criteria.
26. First tender stage.
At the first stage, no later than 15 calendar days after the announcement on the tender, published
in the official printed media, the bidders shall submit the following documents in 2 copies to the
State Geology Agency at the address: Kyrgyz Republic, Bishkek, Erkindik Boulevard, 2, office
217:
1) a tender application (bid), addressed to the chairman of the tender committee in form,
pursuant to the Annex 1;
2) a copy of the document (and original for verification), confirming the payment for geological
information;
3) a copy of the document (and original for verification), confirming the tender fee.
The following documents are also to be submitted in a sealed envelope:
1) for legal entities, registered (reregistered) in the Kyrgyz Republic - notarized copies of the
state registration certificate and copies of the charter and articles of association, certified by own
seal;
2) for foreign legal entities - copies of incorporating documents and registration certificate, as
well as the apostilled or legalized extract from the state register or other document, certifying
that it is a valid legal entity under the laws of its country1. The incorporating documents and
registration certificate, submitted by the foreign legal entities in foreign language, shall be
accompanied by a notarized translation into the state or official language. The validity of the
submitted extract from the state registry or another document, certifying that it is a valid legal
entity under the laws of its country, shall not exceed 6 months from the issue date of the
mentioned documents;
3) the information and documents that reveal the persons, who are the ultimate owners and/or
beneficiaries of the bidders, in form pursuant to the Annex 2;
4) the documents, confirming the authorities of the chief executive of the legal entity or the
authorized representative of the legal entity;
5) a written commitment that:
- the bidder, in the case of award, agrees to pay all penalties, stipulated by these Terms for the
violation of the start-up date and/or commissioning date of the Plant;
- the bidder, in the case of award, agrees that his proposed price for subsoil license of the tender
object is a non-refundable payment, except for the cases;
- the bidder agrees to compensate the environmental damage, caused by its activities, and to take
measures to restore the damaged environmental condition, if such damage was made as a result
of environmental offence, in form pursuant to the Annex 3.
27. The bidder shall submit documents in one envelope, containing the full name and address of
the bidder, the indication of the participation in the first tender stage, the full list of the submitted
documents. The submitted documents shall be sewn together, separated with tab stocks; all the
pages, contained in the envelope, shall be numbered. The documents shall be submitted in the
state or official language. In the case of submission of documents in foreign languages, they shall
be accompanied by a notarized translation into the state or official language. The tender
committee considers the documents, submitted in the state or official language. No changes and
additions are accepted to the documents, submitted by the bidders, after the expiry of the
deadline for submission of documents. The submitted documents are not subject to return and are
stored in the State Geology Agency.
28. The tender committee shall open the envelopes with documents on the next working day
after the expiry of the deadline for receipt of documents and draw a protocol, specifying the
name of the bidders and the number of pages of their submitted documents. Within 5 working
days from the date of opening of envelopes, the tender committee shall consider the submitted
documents and decide on the admission or rejection of bidders to participate in the second tender
stage. The bidders are admitted to the second stage, provided that their submitted documents
comply with the requirements, specified hereof. In case of any questions in relation to the
1
Legalization of documents is not required:
a) for the member-states of the Convention, abolishing the requirement of legalization of foreign official
documents, dated October 5, 1961 (“the Hague Convention”), except for the member-states, which objected the
accession of the Kyrgyz Republic to the Hague Convention, and
b) for the member-states of the Convention on legal assistance and legal relations in civil, family and criminal
matters dated October 7, 2002 (“the Kishinev Convention”).
requirements to the list, type and form of the submitted documents, the tender committee is
entitled to provide the additional explanations, drawn up as a protocol.
29. The decision of the tender committee to admit to the second stage or to reject shall be posted
on the official websites of the Government of the Kyrgyz Republic and the State Geology
Agency.
30. Second tender stage.
At the second stage, no later than 20 calendar days after the decision on admission, the bidders,
admitted to the second stage, shall submit the following documents in a sealed envelope to the
State Geology Agency at the address: Kyrgyz Republic, Bishkek, Erkindik Boulevard, 2, office
217:
1) a program of development of Kurmenty deposit, which shall include the proposals
(preliminary) on:
- the technical and economic calculations regarding the capital investments, operating costs and
profitability of the project;
- the compliance with the terms of construction and commissioning of the Plant, the stages of
works;
- the mined-land reclamation;
- the calculation of the required investments;
- the calculation of payments of tax and non-tax revenues to the republican and local budgets as a
result of Plant operation;
- other additional information and documents at the discretion of the bidder;
2) the proposals and a set of measures on the application of modern exploration technologies,
mining and mineral processing, industrial and environmental safety, protection and
sustainability;
3) the information and documents, certifying the existence of experience in exploration and
deposits development for at least 2 years;
4) the confirmation of the availability of own funds and/or of the possibility to raise financial
resources for the initial capital investment, including the copies of accounting statements for the
last 2 years, bank references, loan agreements, documents, certifying the absence of tax debts
and other similar documents;
5) the proposals for the social package that includes a program of social-and-economic
development of local communities and region, a program of investment in the development of
local infrastructure, arrangement of work places for people, residing in the project area,
maximum use of local labour during the deposit development, organization of professional
training of people in order to involve them to works, related to the deposit development,
assistance in solution of other issues, related to the program of social-and-economic development
of the Issyk-Kul region;
6) a proposal of price for the subsoil license of the tender subject not less than the minimum
value, specified in the clause 22 hereof;
7) any additional information and documents, certifying the level of qualification, production,
financial and other capabilities of the bidder, required for the development of the Kurmenty
deposit.
31. The bidder, admitted to the second stage, shall submit documents in one envelope, containing
the full name and address of the bidder, the indication of the participation in the second tender
stage, the full list of the submitted documents. The submitted documents shall be sewn together,
separated with tab stocks; all the pages, contained in the envelope, shall be numbered. The
documents shall be submitted in the state and/or official language. In the case of submission of
documents in foreign languages, they shall be accompanied by a notarized translation into the
state or official language. No changes and additions shall be accepted to the documents,
submitted by the bidders, after the expiry of the deadline for submission of documents. The
submitted documents are not subject to return and are stored in the State Geology Agency.
32. The tender committee shall open the envelopes with documents on the next working day
after the expiry of the deadline for receipt of documents and draw a protocol, specifying the
name and address of the bidders, the number of pages of their submitted documents and the
proposed price for the subsoil license of the tender subject. The bidders are entitled to be present
during the opening of the envelopes. The tender committee protocol on opening of envelopes
shall be posted on the official websites of the Government of the Kyrgyz Republic and the State
Geology Agency.
7. Award criteria
33. Within 5 working days from the date of opening of envelopes, the tender committee shall
consider the bidders’ proposals, draw up a protocol on the voting results following the second
tender stage and decide on the winning bidder on the basis of this protocol. When considering
the documents, submitted by the bidders, the tender committee is entitled to invite the authorized
representative of the bidder to provide the additional explanations within the submitted
documents.
34. The winning bidder shall be determined by evaluating the submitted documents and
information. The tender committee shall carry out the evaluation of the documents pursuant to
the following criteria by the point-based system:
No. Name of criteria
Points
1
Quality of the submitted program of development of
Up to 3 points
the Kurmenty deposit, including its compliance with
the requirements, specified hereof
2
Proposals on the application of modern exploration
Up to 5 points
technologies, mining and mineral processing,
industrial and environmental safety, protection and
sustainability
3
Financial capabilities for the development of the
Up to 5 points
Kurmenty deposit (own and raised funds)
4
Amount of funds, allocated for social package in
Up to 3 points
excess of the amount, specified in paragraph 12 of the
clause 17 hereof
5
Exceeding the minimum price for the subsoil license
1 point for every subsequent
of the tender subject
200 000 USD, exceeding the
minimum price for the
subsoil license of the tender
subject, but no more than 10
points
6
Terms of construction and commissioning of the Plant, Up to 18 months - 2 points;
as well as infrastructure facilities
during the year - 4 points.
In the case of undertaking of
this commitment, the
requirement of paragraph 5 of
the clause 17 hereof shall
come into force from the
declared deadline for the
Plant commissioning.
35. The tender committee shall draw a point counting protocol for each bidder, indicating the
points, obtained by the bidder for each criterion, and a total score of the bidders.
36. Based on the analysis of all the bidders’ proposals and the determination of points on the set
criteria, the committee shall draw up a protocol on the voting results following the second tender
stage and decide on the winning bidder on the basis of this protocol.
37. The winning bidder shall be the bidder with the highest score. If the two or more bidders
have equal score, the committee chairman shall appoint the open voting procedure. The voting
shall be performed separately for each bidder. Herewith, each committee member is entitled to
vote for only one bidder. The winner shall be the bidder with the highest number of votes. If the
two or more bidders have equal number of votes, the second round of voting shall be performed
for such bidders pursuant to the rules of the first round. If necessary, the additional voting rounds
shall be held to determine the winner. The committee members are not entitled to abstain from
voting. In case of equality of votes of the committee members, the vote of the chairman of the
tender committee is decisive in all voting rounds.
38. The decision of the tender committee shall be drawn up in writing, signed by all tender
committee members and the winning bidder, and shall be announced on the committee meeting,
inviting the bidders and the media. The decision of the tender committee on the award shall be
posted on the official websites of the Kyrgyz Republic and the State Geology Agency.
39. The protocols of the tender committee shall be deemed valid if signed by the majority of the
total number of the tender committee members.
40. The committee protocol is the basis to award the winning bidder with the subsoil license for
the development of Kurmenty deposit. The license agreement to the license shall include the
terms, established during the tender. If the foreign legal entity is awarded, the licenses shall be
issued to a subsidiary, established and registered by the winning bidder - the foreign legal entity on the territory of the Kyrgyz Republic on the location of the Kurmenty deposit. The subsidiary,
to be created by the foreign legal entity, shall be registered no later than one month from the date
of announcement of award to the foreign legal entity. The subsidiary shall be 100% owned by
the foreign legal entity - the winning bidder.
41. The licences shall be issued to the winning bidder within 5 working days after the payment
of its proposed price for the subsoil license of the tender subject. If the foreign legal entity is
awarded, the licenses shall be issued within 5 working days after the payment of its proposed
price for the subsoil license of the tender subject and the submission of the original or notarized
copy of the registration certificate of the subsidiary of the foreign legal entity, whichever comes
later.
42. If the winning bidder refuses to sign the protocol on the tender results or fails to pay the
stated price for the subsoil license of the tender subject within the established period, the
winning bidder shall lose the right to obtain licenses, and the bidder with the second highest
score, relating to the other bidders or the second highest number of votes in the additional voting
shall be awarded, unless other decision is made by the tender committee.
8. Tender cancelling and declaration void
43. Before the decision of the tender committee on the award, the tender may be cancelled by the
decision of the Government of the Kyrgyz Republic only in case of force majeure. Should the
tender be cancelled, the tender fee in the amount of 500 000 KGS shall be refunded.
44. If there are no bids or there is a bid from only one bidder, or if the documents, submitted by
all bidders, fail to comply with the main terms and requirements for the bidders, the tender shall
be declared void according to the decision of the tender committee, drawn up as a protocol and
posted on the official websites of the Government of the Kyrgyz Republic and the State Geology
Agency.
45. The bidder is entitled to withdraw its bid before the decision of the tender committee on the
award. Herewith, the tender fee in the amount of 500 000 KGS shall not be refunded.
For more information, please, call: (+996 312) 30-03-71, 30-02-46.
This information is available on the official website of the State Geology Agency:
www.geology.kg