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

of November 23, 2022 No. 84

About introduction of amendments to 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"

I ORDER:

1. Bring 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 at No. 12717) the following changes:

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:

in Item 22:

6) to state the subitem in the following edition:

"6) in case of upgrade, reconstruction or capital repairs of the operating objects of PPP – achievement of increase or preserving the existing level of liquid cost of the involved fixed assets at the expense of kapitaloobrazuyushchy costs and decrease normative and (or) liquidation of the above-standard losses in case of their availability based on actions plans, the developed and implemented within project implementation PPP;";

the second the subitem 11) to state part in the following edition:

"Approval of tender (auction) documentation is drawn up in the form of the letter on approval, or not approval of reflection of the reasons of nonagreement on each case in point, or requirements for completion of tender (auction) documentation.";

state Items 34 and 35 in the following edition:

"34. Result of examination of the tender documentation, including when entering into it of corresponding changes and (or) amendments, is the positive conclusion, the conclusion about need of completion or the negative conclusion consisting of the following parts:

1) introductory part of experimental testimony contains data on the name and date of examination, and also general information about the project of PPP;

2) in the main (analytical) part of experimental testimony results of assessment which is carried out according to these rules are reflected;

3) in final part the conclusions and recommendations developed following the results of examination are stated.

35. The positive conclusion contains clauses with recommendations for interested persons about improvement of quality of project management of PPP, including about ensuring efficiency of project implementation of PPP and risk management.

In case of completion of the tender documentation the organizer of tender brings it for repeated examination.

The negative conclusion is provided on the tender documentation which results of assessment show on impossibility and (or) inexpediency of project implementation of PPP according to the offered scheme or content of which does not conform to requirements of Rules and (or) in case of lack of full information for determination of opportunity and (or) feasibility of project implementation of PPP on the offered scheme with indication of reasonable arguments.";

state Items 38 and 39 in the following edition:

"38. In case of positive experimental testimony of the tender documentation which is carried out by the Center of development of the PPP containing recommendations of possibility of inclusion in the tender documentation of provision about the project of PPP of one or several measures of the state support, sources of cost recovery and receipt of the income of the private partner attracting expenses from the republican budget, the state body developer of the tender documentation sends to the central authorized bodies on budgetary planning and budget implementation the request for removal at consideration of the republican budget commission of question of acceptance of the expected limiting amount of the state obligations on the project of PPP.

39. In case of positive experimental testimony of the tender documentation which is carried out by the legal entities determined by local executive bodies of areas, cities of republican value and the capital, authorized on conducting examination, the inclusion in the tender documentation of provision containing recommendations of opportunity on the project of PPP of one or several measures of the state support, sources of cost recovery and receipt of the income of the private partner attracting expenses from the local budget, the local authorized body on state planning submits question of acceptance of the expected limiting amount of the state obligations on the project of PPP for consideration of the relevant budget commission.";

state Item 41 in the following edition:

"41. In case of increase in the expected amount of investments, directed to creation (including construction), reconstruction, upgrade or capital repairs of object of PPP because of essential change in the exchange rate of national currency to foreign currency, but the technical solutions which are not attracting change, adjustment of the feasibility study and (or) design and estimate documentation with the subsequent conducting complex non-departmental examination, at the same time examination of the Center of development of the PPP or the legal entity determined by local executive body of area, city of the republican value and the capital authorized on conducting examination is carried out, and the conclusion of authorized body on state planning are not required.";

in Item 103:

4) to state the subitem in the following edition:

"4) terms of construction, creation, reconstruction, upgrade, capital repairs and (or) operation of object of PPP (months, years);";

7) to state the subitem in the following edition:

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