of June 14, 2024 No. 141
About approval of Rules of determination of the private partner and the conclusion of the agreement of public-private partnership in the field of education
According to subitem 2-1) of article 23 of the Law of the Republic of Kazakhstan "About public-private partnership", I ORDER:
1. Approve the enclosed Rules of determination of the private partner and the conclusion of the agreement of public-private partnership in the field of education.
2. To provide to department on development of infrastructure of the Ministry of Public Education of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on Internet resource of the Ministry of Public Education of the Republic of Kazakhstan after its official publication;
3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Public Education of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.
3. To impose control of execution of this order on the supervising vice-minister of education of the Republic of Kazakhstan.
4. This order becomes effective from the date of its first official publication.
Acting minister of education of the Republic of Kazakhstan
N. Zhumadildayeva
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It is approved Ministry of national economy of the Republic of Kazakhstan |
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Acting Minister of education of the Republic of Kazakhstan of June 14, 2024 is approved No. 141
1. These rules of determination of the private partner and the conclusion of the agreement of public-private partnership in the field of education (further – Rules) are developed according to subitem 2-1) of article 23 of the Law of the Republic of Kazakhstan "About public-private partnership" (further – the Law), and establish procedure for determination of the private partner and the conclusion of the agreement of public-private partnership in the field of education within the pilot national project in the field of education "Comfortable school" approved by the order of the Government of the Republic of Kazakhstan of November 30, 2022 No. 963 (further – the National project).
2. In these rules the following basic concepts are used:
1) the potential private partner 1 – 1 individual entrepreneur applying for participation in tender by determination of the private partner, particular partnership or the legal entity, except for the state legal entities, and also limited liability partnerships and joint-stock companies, fifty and more percent of shares in the authorized capital or voting shares which directly or indirectly the state owns;
2) the private partner 1 – the individual entrepreneur, particular partnership or the legal entity, except for the state legal entities, and also limited liability partnerships and joint-stock companies, fifty and more percent of shares in the authorized capital or voting shares which directly or indirectly the state owns, signed the agreement of public-private partnership (further – the agreement of PPP);
3) the private partner 2 – the organization of education included in the list of the private organizations of secondary education participating in implementation of the National project, approved by authorized body in the field of education according to the National project.
All terms and determinations used in these rules are understood according to the determinations stated in the Law.
3. The project of public-private partnership on construction and maintenance of objects of public-private partnership (further – object of PPP) is initiated by local executive body of area, the cities of republican value, the capital (further – the state partner).
4. In case of project planning of public-private partnership on construction and maintenance of objects of PPP (further – the project of PPP) separation of the periods of one project of PPP into several projects of PPP is not allowed.
5. The project of PPP is performed on the following basic parameters:
1) total quantity of again entered student places for training in the organization of secondary education at least 600 student places according to the agreement of PPP;
2) the construction cost of one student place does not exceed the cost determined by the National project taking into account design capacity of object of PPP;
3) the state partner grants to the private partner 1 right of temporary non-paid land use to the parcel of land according to the legislation of the Republic of Kazakhstan and brings the corresponding engineering and communication infrastructure to object of PPP, in case of its absence;
4) the agreement of PPP is signed for the term of 29 (twenty nine) years;
5) lack of encumbrances and claims of the third parties on the parcel of land intended for construction;
The private partner 1 lists 6) on the escrow account opened on his name, the amount provided by the subitem 5) of Item 8.1 of appendix 9-1 to the National project;
7) the private partner 1 signs the contract of consortium with the private partner 2;
8) the state partner brings to the private partner 1 design assignment or the design estimates (further – the design and estimate documentation) repeated application of asset construction of PPP provided by the National project;
9) object of PPP remains in equity property of the private partner 1 and the private partner 2 with imposing of termless encumbrance on invariance of purpose of object and the corresponding parcel of land;
10) determination of share of the private partner 2 in consortium is not lower than 5 percent;
11) payment of depreciation expenses of the building in the amount of, calculated for each new student place entered by construction within public-private partnership at the rate of the cost of one student place taking into account its design capacity and construction cost of such object on the design and estimate documentation, but no more than the cost of one student place determined by the National project. The amount of the state educational order on secondary education is determined according to the order of the Minister of education of the Republic of Kazakhstan of August 27, 2022 No. 381 "About approval of Rules of placement of the state educational order on training with technical and professional, postsecondary education taking into account requirements of the labor market, and also on preschool education and training, secondary education and additional education of children" (it is registered in the Register of state registration of regulatory legal acts at No. 29323);
12) the private partner 2 provides educational services within the state obligatory standard of education for citizens of the Republic of Kazakhstan on a grant basis.
6. The organizer of tender performs development of the standard tender documentation of the project of PPP in the field of education in form according to appendix 1 to these rules. Approval and examination of the standard tender documentation of the project of PPP is not required.
7. The tender documentation of the project of PPP, including when entering into it of corresponding changes and (or) amendments, is developed in the Kazakh and Russian languages according to the procedure, established by the Law and these rules.
8. The tender documentation of the project of PPP is drawn up in form according to appendix 1 to these rules, according to Item 2 of article 37 of the Law.
9. After development by the organizer of tender of the tender documentation of the project of PPP, the tender documentation of the project of PPP affirms the decision of the first head of the organizer of tender, replacement his face, or the face authorized by it according to Item 1 of article 37 of the Law.
10. Effective period of the tender documentation of the project of PPP constitutes no more than 3 (three) years from the date of approval.
11. The local executive body acts as the organizer of tender.
12. The organizer of tender creates tender committee for determination of the private partner 1 (further – the Commission).
13. The commission consists of the chairman and the odd number of members of the commission, but at least 7 (seven) people, including the commission chairman.
14. The Commissions are included representatives of the interested state bodies and the organizations, and also representatives of National chamber of entrepreneurs of the Republic of Kazakhstan.
15. Commission chairman is the first head of the organizer of tender.
16. The secretary of the Commission is the representative of the organizer of tender not below the deputy manager of structural division.
17. The commission performs the following functions:
1) decision making about recognition of the potential private partner by 1 participant of tender by results of qualification selection which is drawn up by the protocol on the admission to participation in tender by determination of the private partner 1 on the project of PPP;
2) consideration of bids of the participants of tender who underwent qualification selection;
3) determination of the best bid;
4) negotiation on refining of terms of the contract of PPP with the potential private partner 1, the bid of which is recognized as the best, or the single potential private partner 1;
5) recognition of the applicant by the winner of tender by determination of the private partner 1;
6) tender recognition by cancelled.
18. Decisions of the Commission are drawn up by the protocols applied on the web portal of PPP.
The decision of the Commission is made by vote and deemed accepted if for it the majority of votes from total quantity of members of the commission is given. In case of equality of votes the decision for which the commission chairman voted is deemed accepted.
In case of disagreement with the decision of the Commission any member of this Commission expresses special opinion which goes it to the secretary of the Commission within 3 (three) working days from the date of carrying out commission session and is applied to the protocol. Commission session is competent (has quorum) if at it there are at least two thirds of total number of members of the commission. Protocols of commission sessions are signed in electronic form by members of the commission, and also the secretary of the Commission.
In case of absence at the commission chairman's meeting commission session is not carried out.
19. Carrying out tender by determination of the private partner 1 provides accomplishment of the following consecutive events:
1) placement by the organizer of tender of the notice in the Kazakh and Russian languages on the Internet resource and on the web portal of PPP about carrying out tender by determination of the private partner 1 and the tender documentation of the project of PPP according to appendix 1 to these rules;
2) carrying out qualification selection;
3) introduction of the bid by the potential private partner 1, and also providing bid;
4) consideration of bids by the Commission;
5) carrying out by the Commission negotiations with the potential private partner 1, the bid of which is recognized as the best with execution of the relevant protocol of negotiations on refining of the project of PPP and terms of the contract of PPP;
6) determination of the winner of tender.
20. The notice on carrying out tender by determination of the private partner 1 is created by the organizer of tender on the web portal of PPP.
The notice in addition is placed on official Internet resource of the organizer of tender in the Kazakh and Russian languages at least in 20 (twenty) working days prior to day of carrying out tender by determination of the private partner 1, and when carrying out repeated tender by determination of the private partner 1 – at least in 15 (fifteen) working days.
21. Repeated competition is held in case of tender recognition cancelled on the basis of earlier approved tender documentation, but no later than one calendar year from the date of tender recognition by cancelled.
At the same time the specified terms are estimated from the date of the first publication of the notice on the web portal of PPP.
22. Along with placement of the notice on carrying out tender by determination of the private partner 1 organizer of tender places the tender documentation on the Internet resource and on the web portal of PPP with providing open entry to downloading.
23. The potential private partner 1 in confirmation of the compliance to qualification requirements, the stipulated in Clause 32 Laws in time, specified in the tender documentation, submits to the organizer of tender supporting documents.
24. Within 5 (five) working days from the date of completion of term of acceptance of the supporting documents to qualification requirements submitted by the potential private partner 1, the organizer of tender estimates them regarding completeness and compliance of the tender documentation.
25. After 10 (ten) calendar days from the date of completion of term of acceptance of supporting documents, the organizer of tender sends to the Commission preliminary results of qualification selection.
By results of qualification selection the Commission recognizes potential private partners 1, conforming to qualification requirements, the stipulated in Clause 32 Laws, participants of tender within the project of PPP with execution of the protocol on the admission to participation in tender by determination of the private partner 1.
The protocol on the admission to participation in tender by determination of the private partner 1 is placed on the web portal of PPP and Internet resource of the organizer of tender and goes to potential private partners 1 organizer of tender within 2 (two) working days from the date of decision making of the Commission.
26. Relevance and reliability of documents and information containing in them are provided by the potential private partner 1.
27. The organizer of tender in case of representation by the potential private partner of 1 unreliable information on compliance to qualification requirements takes measures according to Item 7 and 8 of article 32 of the Law.
28. The bid is form of expression of consent of the potential private partner 1 with the requirements and conditions established by the tender documentation including consent to sign the agreement of PPP on the terms of the standard agreement of PPP.
29. Bids are introduced before the expiration of final term of their representation specified in the tender documentation of the project of PPP.
30. The bid is filled in on the web portal of PPP with attachment of supporting documents, signed by the digital signature and moves to the organizer of tender by means of the web portal of PPP.
31. The bids submitted after the expiration of fixed term are not considered within tender.
32. The potential private partner 1 no later than the termination of term of submission of bids:
Changes 1) and (or) supplements the introduced bid;
2) withdraws the bid with return of the providing the bid brought by it.
33. The bid of the potential private partner 1 is subject to variation in the following cases when:
1) the potential private partner 1 earlier submits the bid on participation in this tender by determination of the private partner 1;
2) the bid arrived after the expiration of acceptance of tender bids on participation in this tender by determination of the private partner 1.
34. Effective period of the bid corresponds to the term established by the tender documentation.
35. Providing the bid is brought by the potential private partner 1 as guarantee that he:
Will not withdraw 1) or will not change and (or) will not add the bid after the expiration of submission of bids;
2) will sign the agreement of PPP in case of determination by his winner of tender by determination of the private partner 1.
36. Providing the bid on participation in tender by determination of the private partner 1 is brought in the amount of one tenth percent from the project cost of PPP.
37. The potential private partner 1 chooses one of the following types of providing the bid:
1) guarantee money contribution which is deposited to account, stipulated by the legislation the Republic of Kazakhstan for the organizer of tender;
2) bank guarantee.
Making by the potential private partner of 1 actions leading to origin at the third parties of right to claim in general or in part on the brought guarantee money contribution before expiration of its bid is not allowed.
Use by the organizer of tender of the guarantee money contribution brought by the potential private partner 1, except for of the actions specified in Item 38 of these rules is not allowed.
38. Providing the bid does not return the organizer of tender in case of approach of one of the following cases when:
The potential private partner 1 withdrew 1) or changed and (or) added the bid after the expiration of final term of submission of bids;
2) the potential private partner 1, determined by the winner of tender, evaded from the conclusion of the agreement of PPP.
39. In case of approach of one of cases, stipulated in Item 38 these rules, the amount of providing the bid is credited in the income of the organizer of tender.
40. The organizer of tender returns to the potential private partner 1 providing the bid brought by it within 3 (three) working days from the date of approach of one of the following cases:
1) response this potential private partner of 1 bid before the expiration of final term of submission of bids;
2) signings of the protocol on the admission to participation in tender by determination of the private partner 1. The specified case does not extend to potential private partners 1, recognized as participants of tender by determination of the private partner 1;
3) signings of the protocol on tender results by determination of the private partner 1. The specified case does not extend to the participant of tender by determination of the private partner 1, of the tender determined by the winner by determination of the private partner 1;
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