This Invitation to Tender (the "Invitation") contains general provisions on participation in the tender; the more detailed information is provided in the Tender Rules and Tender Documentation for this PPP Project posted on the official websites of the Ministry of Health of the Kyrgyz Republic (www.med.kg), the Ministry of Economy of the Kyrgyz Republic (www.mineconom.gov.kg) and virtual data room (https://live.irooms.net, whereby access to the data room will be provided by the Tender Commission or IFC upon request of the Interested Parties/Bidders). Capitalized words and phrases which are not defined in the Invitation have the meaning defined in the "Terms and Definitions" section of the Tender Rules. The phrase “dialysis services” means haemodialysis services and peritoneal services and the same shall refer to the word “dialysis” which shall mean haemodialysis and peritoneal dialysis.
1. GENERAL PROVISIONS
1.1. Legislation
This Invitation is based on the Law of the Kyrgyz Republic "On public-private partnership" of February 22, 2012 No. 7 (as amended June 22, 2016) and Tender procedure on public-private partnership projects approved by the Order of the Ministry of Economy of the Kyrgyz Republic of March 7, 2013 No. 52.
1.2. Public Partner
Ministry of Health of the Kyrgyz Republic, 148 Moskovskaya street, Bishkek 720040. Telephone: +996 312 663707. Website: www.med.kg.
1.3. Public Partner's Decision to Initiate the PPP Project
Order of the Ministry of Health of the Kyrgyz Republic of July 21, 2016 No. 544 "On the introduction of public-private partnership mechanisms in healthcare sector of the Kyrgyz Republic".
1.4. Brief information on the PPP Project
The Ministry of Health of the Kyrgyz Republic wishes to improve the system of provision of dialysis services by attracting the private partners to the provision of dialysis services to patients that are currently receiving services from the public medical institutions paid from the public funds. It is expected that the private partner will improve efficiency of dialysis services (including management, premises, equipment and methodology) and will meet or excel national standards for dialysis services established by the Ministry of Health of the Kyrgyz Republic.
More detailed information on the PPP Project including the information on the expected coverage of publicly funded patients is available in the Tender Documentation.
1.5. Tender Commission
The Tender Commission has been formed and approved in accordance with Order of the Ministry of Health of the Kyrgyz Republic as of September 23, 2016 No. 724 for the purposes of conducting the tender for the PPP project.
The address of the Tender Commission is 148 Moskovskaya street, Bishkek, 720040, the Ministry of Health of the Kyrgyz Republic, Office No. 41, tel.: .:+996 312 663707, email address This email address is being protected from spambots. You need JavaScript enabled to view it. with copy to This email address is being protected from spambots. You need JavaScript enabled to view it..
1.6. Tender Rules and Tender Documentation
The Tender shall be conducted in accordance with the Tender Rules (setting forth the tender procedures) and the Tender Documentation (setting forth the information on the PPP Project, state support to be provided to the private partner, conditions for risk allocation, proposed financial mechanisms and draft PPP Agreement) approved by the Order of the Ministry of Finance of the Kyrgyz Republic as of December 22, 2016 No. 206-B and the Order of the Ministry of Health of the Kyrgyz Republic as of December 22, 2016 No. 911.
The Tender Rules and the Tender Documentation shall be published on the official websites of the Ministry of Health of the Kyrgyz Republic (www.med.kg) and Ministry of Economy of the Kyrgyz Republic (www.mineconom.gov.kg) and populated in the virtual data room (https://live.irooms.net, whereby access to the data room will be provided by the Tender Commission or IFC upon request of the Interested Parties/Bidders) on the date of publication of this Invitation.
1.7. Subject of Tender / subject matter and term of the PPP Agreement
The subject of the Tender is to select the private partner(s) for the purposes of executing the PPP Agreement(s) for the organization and provision of dialysis services in Bishkek, Osh and Jalal-Abad (or in Bishkek and Osh, or in Bishkek and Jalal-Abad, as applicable) over the following lots (the "Lots"):
Lot 1 – the organization and provision of dialysis services in Bishkek (western part) and Chui oblast and in Jalal-Abad and Jalal-Abad oblast as set out in the Tender Documentation.
Lot 2 – the organization and provision of dialysis services in Bishkek (eastern part) and Chui oblast and in Osh and Osh oblast as set out in the Tender Documentation.
The period of the PPP Agreement(s) shall be ten (10) years.
1.8. Stages of Tender
The first stage is the pre-qualification of bidders.
The second stage is the selection of the winning bidder.
The third stage is the execution of the PPP Agreement.
2. PRE-QUALIFICATION STAGE (PQ)
2.1. Eligibility to submit an application for participation in the Tender (the "PQ Application")
A PQ Application may be submitted by any of:
a. An individual entrepreneur or legal entity registered and existing under the laws of the KR;
b. A legal entity registered under the laws of a foreign state;
c. A legal entity founded by a consortium in the KR for the purposes of participation in the Tender, whose founders are legal entities or individual entrepreneurs registered under the laws of the KR and/or legal entities registered under the laws of a foreign state, and submitting one collective PQ Application.
The bullet (c) above was included to allow the participation of consortia in the Tender. Pursuant to Kyrgyz laws the consortia themselves may not participate in the Tender but they are allowed to do so through a legal entity incorporated in the KR by a consortium – special purpose vehicle for the PPP Project ("SPV") before the submission of PQ Applications at the pre-qualification stage.
Please note: in case the Bidder is the SPV founded by a consortium as described in sub-paragraph c. above, the consortium's members shall include one (1) member with relevant technical experience meeting of the qualification criteria at the pre-qualification stage, which member shall have more than twenty-five per cent (25%) of equity stake/participation interest in the SPV (the "Technical Member"). The Technical Member shall not dispose of its equity stake/participation interest until the effective date of the PPP Agreement, and, further, may dispose of it only subject to the requirements of the PPP Agreement.
2.2. Qualification requirements for the bidders at the pre-qualification stage
In order to be allowed for pre-qualification, the Bidder must meet the following qualification requirements:
a. be registered as a legal entity or an individual entrepreneur;
b. be not undergoing liquidation and/or bankruptcy proceedings;
c. not be delinquent on taxes to the budget of the Kyrgyz Republic and mandatory social payments to the Social Fund of KR;
d. have at least five (5) years' prior experience in dialysis services;
e. have experience in operation and management of dialysis units with at least fifty (50) dialysis machines;
f. have specialized personnel training capacity with a relevant training program;
g. have at least two (2) years’ prior experience in peritoneal dialysis services;
h. have a minimum net worth of three million US dollars (3,000,000 USD) at the close of the preceding financial year, i. e. 2015;
i. be not affiliated with another Bidder, i.e. have no right to directly or indirectly determine or influence the decisions made by another Bidder including by virtue of contact (including oral agreement) or other deal, nor be its officer, shareholder or member.
j. be not undergoing criminal investigation related to fraud, corruption, collusion or money laundering at the date of submission of the PQ Application and for the last three (3) years before submission of the PQ Application;
k. be not disqualified from bids or public procurement process in the KR;
l. be not debarred pursuant to the public sanctions list of any multilateral development bank that is party to the Agreement on Mutual Enforcement of Debarment Decision of 9 April 2010 (www.crossdebarment.org) or be not included in any sanctions lists promulgated by the UN Security Council or its Committees, or any other recognized international sanctions list; or in any other way be not involved in activities (directly or through any subsidiary) that are not in compliance with the sanctions promulgated by the UN Security Council or its Committees or national sanctions in KR.
In order to confirm compliance with the above qualification requirements, the Bidders must provide the documents specified in the Tender Rules
In case if the Interested Parties or Bidders have questions in respect of the above mentioned qualification requirements and/or documents to be submitted, they may submit their written inquiries in the Data Room starting from January 10, 2017 and ending fifteen (15) calendar days before the PQ Application Deadline specified in paragraph 2.3 of this Invitation. The Tender Commission shall post its written clarifications in the Data Room without indicating the inquirer within ten (10) calendar days from the date of receiving the written inquiry.
2.3. Procedure, place and time of submitting PQ Applications
The procedure of submitting a PQ Application as well as the requirements for its form and content are provided in the Tender Rules.
An envelope with a letter comprising the PQ Application, a PQ Application and documents enclosed therewith shall be submitted to the Tender Commission by personal delivery or by mail via courier service during normal business hours (Monday to Friday) 10 a.m. to 4 p.m. local time.
PQ Applications should be submitted by not later than February 9, 2017 to the following address: 148, Moskovskaya Street, Bishkek, 720040, the Ministry of Health of the Kyrgyz Republic, Office No. 41, telephone +996 312 663707, e-mail address This email address is being protected from spambots. You need JavaScript enabled to view it. with copy to This email address is being protected from spambots. You need JavaScript enabled to view it..
There will be no differentiation between the two Lots during the pre-qualification stage; such differentiation will be made on selection of the winning bidder stage at which the prequalified Bidder may submit bids in any of the following configurations:
a. one individual bid for Lot 1;
b. one individual bid for Lot 2;
c. one individual bid for Lot 1, a second individual bid for Lot 2 and a third combined Bid for both of Lot 1 and Lot 2. For the avoidance of doubt, no Bidder may submit a combined bid unless it also submits individual bids for each of Lot 1 and Lot 2.
2.4. Place, date and time of opening of envelopes with PQ Applications
Opening of envelopes with PQ Applications shall take place at the address of the Tender Commission specified in paragraph 1.5 of this Invitation on the day of PQ Applications Deadline.
2.5. Period of evaluation of PQ Applications at the pre-qualification stage
The Tender Commission shall evaluate PQ Applications within fifteen (15) calendar days from the PQ Applications Deadline. After review of PQ Applications, the Tender Commission shall complete the minutes of pre-qualification of Bidders indicating the names of Bidders who passed or failed pre-qualification stage as per Article 3.6 of the Tender Rules. The Tender Commission shall, not later than the next calendar day from the date of signing of the minutes of pre-qualification by the members of the Tender Commission, send to prequalified Bidders the copy of these minutes and the invitation to submit bids for participation in selection of the Winning Bidder and shall post these minutes in the Data Room. The Tender Commission shall, not later than the next calendar day from the date of signing the minutes of pre-qualification by the members of the Tender Commission, send the minutes of pre-qualification to the Bidders who failed pre-qualification.
3. STAGE OF SELECTION OF THE WINNING BIDDER
3.1. Enquiries from the pre-qualified bidders. Conference for the pre-qualified bidders. Markups to the draft PPP Agreement
Pre-qualified Bidders may post their inquiries in respect of Tender Rules and/or Tender Documentation (as well as in respect of draft PPP Agreement annexed to the Tender Documentation) in the Data Room within ten (10) calendar days from the date of the pre-qualification minutes. Within twenty (20) calendar days from the date of the pre-qualification minutes, the Tender Commission shall post responses to the inquiries without indicating the inquirer in the Data Room.
Within twenty-one (21) calendar days from the date of the pre-qualification minutes, the Tender Commission shall organize a conference among the pre-qualified Bidders to discuss their questions and comments to the Tender Rules and/or Tender Documentation (including the draft PPP Agreement). Potential site visits in the existing facilities.
Within seven (7) calendar days from the date of the above-mentioned conference, the prequalified Bidders may submit additional inquiries in the Data Room to the Tender Commission. Within fourteen (14) calendar days from the date of the conference, the Tender Commission shall post responses to the inquiries without indicating the inquirer in the Data Room.
Within thirty (30) calendar days from the date of the pre-qualification minutes, the pre-qualified bidders shall either (a) submit their markups in "track changes" formatting (MS Word document) to the draft PPP Agreement, with comments on the margins of the document explaining the reasoning behind the respective amendments; or (b) confirm in writing that they request no changes to the draft PPP Agreement. The Tender Commission may make revisions to the draft PPP Agreement if it considers the proposed amendments reasonable, and will obtain the approval of the changes by the Ministry of Finance, as required by KR laws. In this case, the Tender Commission shall post the revised version of the draft PPP Agreement in the Data Room not later than thirty (30) calendar days before the Bid Submission Deadline so that the Bidders submit their bids on the basis of the revised version of the draft PPP Agreement.
3.2. Procedure, place and time of submitting the bids for participation in the stage of selection of the winning bidder (date and time of commencement and expiration of this period)
The prequalified bidders must submit to the Tender Commission the bid consisting of the technical proposal and the financial proposal pursuant to the requirements provided in the Tender Rules and the Tender Documentation.
An envelope with a bid shall be submitted by personal delivery or by mail via courier service to the address of the Tender Commission specified in paragraph 1.5 of this Invitation during normal business hours (Monday to Friday) from 10 a.m. to 4 p.m. local time. The period of submission is ninety (90) calendar days from the date of Tender Commission's minutes of pre-qualification.
3.3. Procedure for selection of the winning bidder
The Tender Commission shall evaluate all bids within not later than sixty (60) calendar days from the date of submission of the last bid. The procedure for evaluation of bids is provided in the Tender Rules and the Tender Documentation.
3.4. Period of signing of Minutes of Tender Results by members of the Tender Commission
The Minutes of Tender Results shall be completed and signed by the members of the Tender Commission within three (3) calendar days from the date of conducting the respective meeting on evaluation of the technical and financial proposals of the Bidders.
3.5. Procedure and period of publication of announcement of tender results
Within five (5) business days after completion and signing of the Minutes of Tender Results, the Tender Commission shall publish announcement of tender results in the manner provided in the Tender Rules.
4. STAGE OF EXECUTION OF THE PPP AGREEMENT
4.1. Procedure for signing of the PPP Agreement (in case the Winning Bidder is selected)
The Ministry of Health of the Kyrgyz Republic shall finalize and execute the PPP Agreement(s) with the Winning Bidder(s) within sixty (60) calendar days from the date of publication of announcement of tender results. In case of the failure of the Winning Bidder(s) to sign of the PPP Agreement(s) within the specified period, the Tender Commission may adopt a decision to disqualify the Winning Bidder(s) and to announce the second highest bidder as the Winning Bidder. The procedure and period of execution of the PPP Agreement with such person are provided in the Tender Rules.
Mr. Meder Ismailov
Head of Department of Coordination of Reform Implementation
Ministry of Health of the Kyrgyz Republic
148 Moskovskaya St.,
720040, Bishkek, Kyrgyz Republic,
Tel: +996(312)663707
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Kamchybek Kadyshev
Local procurement consultant
Procurement department of Ministry of Health of KR
Ministry of Health of the Kyrgyz Republic
148 Moskovskaya St.,720040, Bishkek, Kyrgyz Republic
Tel: +996(312) 66 03 61
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Saltanat Alymkulova
Business Analyst of IFC
Erkindink Blvd. 21 , Orion Business Center 4th Floor, Bishkek
Tel: + 996 312 62 61 41
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
INVITATION TO TENDER
TENDER DOCUMENTATION
TENDER RULES
TENDER PROCESS SUMMARY FOR BIDDERS
EVALUATION SHEET FOR DIALYSIS PROJECT
