ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of April 13, 2022 No. 35

About introduction of amendments to orders of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determinations of feasibility of budget crediting" and the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 725 "About some questions of planning and projects implementation of public-private partnership"

I ORDER:

1. Bring the following changes in some orders of the Minister of national economy of the Republic of Kazakhstan:

1) in the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and determinations of feasibility of budget crediting" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 9938):

in Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments and the determinations of feasibility of budget crediting approved by the specified order:

in the Technique of selection of the state investment project:

3) of Item 1 to state the subitem in the following edition:

"3) the size of the state obligations on projects of public-private partnership, including the state concessionary obligations (in case of their need) shall be no more cash amounts involved by the private partner (concessionary) in the project of public-private partnership or the concessionary project at stage of their selection, including own or own and loan money of the private partner (concessionary), except for projects of public-private partnership of social infrastructure and life support.

At the same time, participation of own or own and loan money of the private partner (concessionary) constitutes at least twenty percent from the project cost of public-private partnership (subject to concession);".

2) in the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 725 "About some questions of planning and projects implementation of public-private partnership" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 12717):

state preamble in the following edition:

"According to Item 8 of Article 154-3 and Article 230 of the Budget code of the Republic of Kazakhstan and with Item 1 of Article 15 and subitems 5), 6) and 11) of article 20 of the Law of the Republic of Kazakhstan "About public-private partnership" I ORDER:";

in Rules of planning and projects implementation of public-private partnership, the including questions of project planning of public-private partnership, carrying out tender (auction) and direct negotiations on determination of the private partner, the carrying out monitoring of agreements of public-private partnership, carrying out monitoring and assessment of projects implementation of public-private partnership approved by the specified order:

state Item 1 in the following edition:

"1. These rules of planning and projects implementation of public-private partnership (further – Rules) are developed according to the subitem 6) of article 20 of the Law of the Republic of Kazakhstan "About public-private partnership" (further – the Law) for the purpose of ensuring interaction of subjects of public-private partnership (further – PPP) on planning stage and projects implementation of PPP.";

16, of 17, of 18, of 19, of 20, 20-1, 21, of 22, of 23, of 24, 25 and 26 to state Items in the following edition:

"16. The state body developer of tender (auction) documentation after receipt of the economic conclusion on the investment offer of the state investment project on feasibility of project implementation of PPP brings in authorized body on state planning, the request with appendix of the investment offer, the conclusions for it and other corresponding examinations for further pronouncement at consideration of the relevant budget commission of question of development or adjustment of tender (auction) documentation (in case of involvement of legal entities on support of projects of PPP) at the expense of means of the appropriate distributed budget program of the central or local authorized body on state planning.

17. On the projects of PPP approved by the relevant budget commissions, containing in investment offers, the central or local authorized body on state planning is created by the list of projects of PPP, development or adjustment, and also conducting necessary examinations of competitive (auction) documentation of which are performed at the expense of means of the appropriate distributed budget program of the central or local authorized body on state planning.

18. Based on the economic conclusions on investment offers and according to the conclusions of the budget commissions development or adjustment of competitive (auction) project documentations of the PPP including development or adjustment of feasibility statements on projects of the PPP (in case of need) which are integral part of the tender documentation of the project of PPP is performed.

19. Tender (auction) documentation, including when entering into it of corresponding changes and (or) amendments (further – tender (auction) documentation), is developed in the state and (or) Russian languages, taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets, according to the procedure, established by the Law and these rules, in other languages taking into account specifics of the project of PPP.

20. Tender (auction) documentation according to Item 2 of article 37 of the Law contains the following information:

1) requirements to the documents confirming compliance of potential private partners to imposed qualification requirements;

2) the information leaf containing the project description of PPP, developed on structure according to appendix 2 to these rules;

3) location of object of PPP;

4) expected types and amounts of the state support, and also sources of cost recovery and receipt of the income on the project of PPP;

5) draft agreement of PPP;

6) description of criteria of determination of the best competitive (auction) request;

7) specifying of currency (currencies) in which parameters of the project of PPP, and currency rate (currencies) which will be applied to reduction to common currency for the purpose of their comparison and assessment shall be expressed;

8) requirements to language of submission of the competitive (auction) request;

9) specifying on the right of the potential private partner to change or withdraw the competitive (auction) request before the expiration of submission of competitive (auction) requests;

10) contents of the competitive (auction) request, method, place, term of representation and action of competitive (auction) requests, and also conditions of introduction of providing the competitive (auction) request;

11) methods of receipt of explanations on contents of the competitive (auction) project documentation of PPP;

12) procedures, the place, date and time of opening of envelopes with competitive (auction) requests;

13) conditions of tender (auction) in which modification is not allowed during negotiations.

20-1. In tender (auction) documentation conditions of tender (auction) in which modification is not allowed during negotiations which are essential conditions of tender (auction) are determined.

21. Tender (auction) documentation is subject to industry examination of the corresponding industry by authorized body.

Industry expertize of tender (auction) documentation is carried out in form according to appendix 1-2 to these rules by industry central state bodies (on local projects of PPP which cost over four-million monthly settlement indicator or on republican projects of PPP), local industry state bodies (on local projects of PPP) within 10 (ten) working days from the moment of introduction.

In case of recognition of the project of PPP on feasibility, realization terms, amounts, cost and the mechanism of realization, achievement of final and direct project deliverables of PPP the positive industry conclusion, otherwise – the negative industry conclusion is prepared.

Tender (auction) documentation in case of introduction in it of changes and (or) amendments is subject to the direction for industry examination.

The industry conclusion is polistno initialed by the head of the structural unit of industry central or local state body and signed by the first head of industry central, or local state body, or person it replacing with appendix of the relevant order.

The industry conclusion is presented in the stitched form, with the numbered pages, the last page is certified by seal of the organizer of tender (auction) on the back and the number of pages is specified.

On projects of PPP in the field of informatization assessment of the technology, technical solutions provided in the tender documentation including graphics of realization, is carried out on compliance to requirements of the Law of the Republic of Kazakhstan "About informatization".

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