I.O'S ORDER. MINISTER OF INDUSTRY AND CONSTRUCTION OF THE REPUBLIC OF KAZAKHSTAN

of June 5, 2026 No. 288

About modification and amendments in the order of the Minister of Industry and construction of the Republic of Kazakhstan of September 19, 2025 No. 374 "About approval of Rules of implementation of purchases of works and services, selection of projects and suppliers, the conclusions of agreements, within implementation of the national project on upgrade of energy and utility sectors"

I ORDER:

1. Bring in the order of the Minister of Industry and construction of the Republic of Kazakhstan of September 19, 2025 No. 374 "About approval of Rules of implementation of purchases of works and services, selection of projects and suppliers, the conclusions of agreements, within implementation of the national project on upgrade of energy and utility sectors" (it is registered in the Register of state registration of regulatory legal acts for No. 36888) the following changes:

in Rules of implementation of purchases of works and services, selection of projects and suppliers, the conclusions of agreements, within implementation of the national project on upgrade of the energy and utility sectors approved by the specified order:

in Item 3:

subitems 8), of 18) and 19) to state 11), 12) in the following edition:

8) qualification requirements are established by these rules and the tender documentation of the requirement to potential suppliers, necessary for complete obligation fulfillment in purchase subject;

11) the supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan) or the temporary consolidation legal entities (consortium) acting as the Customer's partner in the purchase agreement signed with it;

12) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan) or temporary consolidation legal entities (consortium), the purchase agreements applying for the conclusion;

18) loading indicator - the settlement indicator determining the relation of total volume of the obligations of the potential supplier according to current agreements which are subject to execution in the current financial year on performance of works (on designing, construction and repair) or rendering the services (technical supervision) corresponding to purchase subject to the maximum value of annual earnings from the main activities of the potential supplier for one of 3 (three) last complete financial years used for assessment of admissible level of its production employment in case of execution of agreements.

19) object of the closed cycle is production, energy or utility infrastructure facility within which the complete, technologically interconnected and functionally complete process of transformation of resource to end product or result without transfer of intermediate stages of the basic engineering procedure on third-party objects is performed (sewer treatment facilities, water treatment constructions, power plants, teploenergorotsentral, boiler rooms.

Other concepts used in these rules are applied according to the current legislation of the Republic of Kazakhstan.";

add with Items 4-1 and 4-2 of the following content:

"4-1. The customer before summing up purchases refuses implementation of purchases in cases:

1) expense reductions on acquisition of works or services;

2) modification and amendments of the list of the projects which are subject to realization within the National project, excluding need of acquisition of works or services.

In the case provided by the subitem 2) of part one of this Item, repeated acquisition of such works, services in the current year it is not allowed.

4-2. The customer within three working days from the date of decision making about refusal of implementation of purchases informs on the made decision of persons participating in the carried-out purchases.";

to state heading of paragraph 1 in the following edition:

"Paragraph 1. Qualification requirements to potential suppliers";

state Item 5 in the following edition:

"5. When carrying out purchases the method of tender establishes the following qualification requirements:

1) to have legal capacity (for legal entities), civil capacity to act (for physical persons).

In case of implementation of purchases of works, services, on occupation which receipt of permission is necessary the direction of the notification, according to the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law on permissions and notifications), the customer establishes the requirement about availability of the corresponding permission (notification) to potential suppliers;

2) to be financially steady and not to have the tax debt exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget including not to have arrears on salary payment to workers;

3) not to be subject to insolvency proceeding or liquidation;

4) to have the manpower (it is applicable to works on objects of the closed cycle) necessary for obligation fulfillment under the agreement on "turnkey" construction, not belonging to work types, provided by permissions of the first or second category according to the legislation of the Republic of Kazakhstan on permissions and notifications within requirements of the subitem 1) of this Item.

The requirement is applicable in case of carrying out purchases by method of prequalification.

5) experience of implementation of works, services at least in 1 similar object.

This requirement is established at the discretion of the customer on objects of the closed cycle in case of observance of the following conditions:

1) purchase cost for works exceeds 250 000 monthly settlement indicators, established for the corresponding financial year by the law on the republican budget;

2) purchase cost for services exceeds 12 000 monthly settlement indicators, established for the corresponding financial year by the law on the republican budget;

6) to have admissible indicator of loading according to paragraph 12 of these rules.

In case of the choice of project implementation at the expense of own means with further trust management of object, requirements of subitems 3), 4), 6) of this Item are not applied.";

state Item 6 in the following edition:

"6. In case of involvement of subcontractors (collaborators) for accomplishment of separate work types, the documents confirming their compliance to qualification requirements are represented on the work types which are carried out by them.

The qualification requirements provided by subitems 2) regarding financial stability and 4) of Item 5, do not extend on the attracted subcontractors (collaborators).";

state Item 9 in the following edition:

"9. In the tender documentation the following not price criteria applied to determination of the winner of tender are established:

1) availability at the potential supplier of work experience under the executed agreements;

2) the obligation on providing share of local content;

3) quality assurance on construction object;

4) providing class of energy efficiency of object;

5) registration of the potential supplier in the place of project implementation;

6) conditions of refusal of advancing;

7) project implementation at the expense of own means with further trust management (it is applicable to objects of the closed cycle);

8) accomplishment construction and balancing and commissioning before the terms established in the tender documentation;

9) for the paid taxes in the amount of at least three hundred million tenges for each calendar year within the last 3 (three) consecutive years preceding year of application for participation in tender (except for the current year), for objects first (raised) and the second (normal) the levels of responsibility relating to technically and (or) technologically difficult objects (complexes).

Not price criteria provided by subitems 2), 3), 4), 7), 8) of this Item are not applied to purchases of services.";

add with paragraph 2-1 of the following content:

"Paragraph 2-1 of Restriction, connected with participation in procurement

11-1. The potential supplier is not allowed to participation in the carried-out purchases if:

1) the head, the founder of the potential supplier applying for participation in procurement are connected with management, organization, participation in the authorized capital of the legal entities who are in the register of unfair participants of public procurements and (or) in the List of unreliable potential suppliers (suppliers) of JSC NWF Samruk-Kazyna;

2) the head, the founder of the potential supplier applying for participation in procurement is the physical person performing business activity, included in the register of unfair participants of public procurements and (or) in the List of unreliable potential suppliers (suppliers) of JSC NWF Samruk-Kazyna;

3) the potential supplier who is the physical person performing business activity, applying for participation in procurement is the head, the founder of the potential supplier who is included in the register of unfair participants of public procurements and (or) in the List of unreliable potential suppliers (suppliers) of JSC NWF Samruk-Kazyna;

4) the potential supplier consists in the register of unfair participants of purchases and (or) in the List of unreliable potential suppliers (suppliers) of JSC NWF Samruk-Kazyna;

11-2. The restrictions provided by subitems 3), 4), 5), 6) and 7) of Item 11-1 of these rules also extend to the potential suppliers who are in the register of unfair participants of public procurements, stipulated by the legislation the Republic of Kazakhstan about purchases of certain subjects of the quasi-public sector, and (or) the list of unreliable potential suppliers (suppliers) of National welfare fund.

The potential supplier declared as the winner of tender on purchases of installation and construction works are not allowed to participation in procurement of engineering services on the same construction object.

The potential supplier declared as the winner of tender on purchases of engineering services are not allowed to participation in procurement of installation and construction works on the same construction object.

11-3. The customer for the benefit of whom procurements are conducted is not allowed to participation in such purchases as the potential supplier.";

state Item 17 in the following edition:

"17. In the presence at any of members of qualification body of conflict of interest, notifies this person about it the secretary of qualification body about what entry in the protocol of prequalification according to appendix 3 to these rules is made. At the same time this person does not participate in adoption of the decision by qualification body. If the conflict of interest is revealed at the chairman of qualification body, the customer pereutverzhdat qualification body.";

exclude Item 20.

add with paragraph 4-1 of the following content:

"Paragraph 4-1 procurement procedure by tender method

21-1. The organization and carrying out tender, provides accomplishment of the following consecutive stages:

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