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I.O'S ORDER. MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of April 30, 2021 No. 161

About approval of Rules of the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation

According to subitem 70-41) of article 5 of the Law of the Republic of Kazakhstan "About power industry" PRIKAZYVAYU:

1. Approve the enclosed Rules of the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation.

2. To provide to development department of power industry of the Department of Energy 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 Department of Energy 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 representation in Department legal services of the Department of Energy 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 Energy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Acting minister

M. Zhurebekov

Approved by the Order of the Acting minister of power industry of the Republic of Kazakhstan of April 30, 2021 No. 161

Rules of the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation

Chapter 1. General provisions

1. These rules of the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation (further - Rules) are developed according to subitem 70-41) of article 5 of the Law of the Republic of Kazakhstan "About power industry" (further - the Law) and determine procedure for the organization and carrying out biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation.

2. In these rules the following main terms and determinations are applied:

1) the register of results of biddings - the document created by the organizer following the results of all biddings and confirming results of the held auction;

2) the bank guarantee - the written instrument processed according to the Rules of issue of bank guarantees and guarantees approved by the resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2017 No. 21 (it is registered in the Register of state registration of regulatory legal acts No. 14915), and the bank issued by bank to the client (person debtor) based on its statement for benefit of the third party (person creditor), according to which shall pay limited amount of money to the third party (person creditor) on the conditions specified in it;

3) the beneficiary - person for benefit of whom the payment and (or) money transfer are made;

4) person debtor - the legal entity at the request of whom the emitting bank issues the bank guarantee or the reserve letter of credit for benefit of the beneficiary;

5) one-sided auction - the form of the organization of biddings directed to determination of the winner and applicant for the winner, in case of refusal the winner from the conclusion of the purchase agreement by decrease in the current offer on the price, since the starting price of the participant of auction for acquisition of subject of auction, on bid increment;

6) the single purchaser - the legal entity determined by authorized body, performing centralized purchase of service in maintenance of readiness of electric power and centralized rendering service in ensuring readiness of electric power for execution of loading according to the procedure, provided by the Law;

7) biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation (further - biddings) - the process organized and which is carried out by the organizer of biddings in electronic system on the basis of auction, directed to selection of projects on construction of the generating installations which are again put into operation with the maneuverable mode of generation and determination of their individual rates for service in maintenance of readiness of electric power;

8) the participant of biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation (further - the participant of biddings) - the legal entity who was registered by electronic system of the organizer of biddings and received participant status;

9) the organizer of biddings on construction of the generating installations which are again put into operation with the maneuverable mode of generation (further - the organizer of biddings) - the legal entity, more than fifty percent of shares (share in the authorized capital) which belong to the state and persons affiliated with it, determined by authorized body, performing according to the procedure, provided by the Law, the organization and carrying out biddings;

10) individual rate for service in maintenance of readiness of electric power in case of construction of the generating installations which are again put into operation with the maneuverable mode of generation - the rate determined following the results of biddings;

11) the commission - the commission created by authorized body from among at least 9 people, consisting of the representatives of authorized body interested state bodies, national chamber of entrepreneurs and accredited associations of subjects of private entrepreneurship, the system operator, single purchaser and organizer of the biddings for the purpose of decision making connected with the organization and carrying out the biddings performed by the organizer of biddings;

12) financial resources - the bank guarantee or the reserve letter of credit intended for participation by the applicant in biddings and ensuring execution of terms of the contract on construction of the generating installations with the maneuverable mode of generation;

13) the applicant - the legal entity planning participation in biddings;

14) the reserve letter of credit - the obligation of bank to pay to advantage of the beneficiary according to the letter of credit the amount on approach of case of non-execution by person debtor of obligations to the beneficiary (the reserve letter of credit is issued on the SWIFT system);

15) trading session - process during which submission of requests by participants of biddings is performed determination of the prices, amounts of adjusting electric power and is created the register of results of biddings;

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