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

of December 1, 2022 No. 673

About approval of Rules of monitoring of public procurements and purchases of goods, works, services in the field of energy saving and increase in energy efficiency

According to subitem 16-2) of article 5 of the Law of the Republic of Kazakhstan "About energy saving and increase in energy efficiency" PRIKAZYVAYU:

1. Approve the enclosed Rules of monitoring of public procurements and purchases of goods, works, services of energy saving and increase in energy efficiency.

2. To provide to committee of industrial development of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

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 the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

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

Approved by the Order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of December 1, 2022 No. 673

Rules of monitoring of public procurements and purchases of goods, works, services of energy saving and increase in energy efficiency

Chapter 1. General provisions

1. These rules of monitoring of public procurements and purchases of goods, works, services in the field of energy saving and increase in energy efficiency (further – Rules) are developed according to subitem 16-2) of article 5 of the Law of the Republic of Kazakhstan "About energy saving and increase in energy efficiency" and determine procedure for monitoring of public procurements and purchases of goods, works, services in the field of energy saving and increase in energy efficiency.

2. In these rules the following basic concepts are used:

1) works – activities, having material result, and also other activities referred to works according to the laws of the Republic of Kazakhstan;

2) services – the activities directed to requirements satisfaction of the customer, which do not have material result;

3) public procurements – acquisition by customers of goods, works, services fully or partially at the expense of budgetary funds and (or) own income, except for the income of the international airports connected with rendering services to nonresidents of the Republic of Kazakhstan;

4) purchases – acquisition by customers on paid basis of goods, works, services according to the procedure, established by the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector", rules of implementation of purchases;

5) customers – public institutions, and also the state companies, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, and the legal entities affiliated with them, except for national managing holdings, national holdings, national managing companies and the legal entities affiliated with them;

6) goods – objects (things), including semifinished products or raw materials in strong, liquid or gaseous state, electrical and heat energy, objects of intellectual property right, and also the corporeal rights with which it is possible to make transactions of purchase and sale according to the laws of the Republic of Kazakhstan;

7) authorized body in the field of energy saving and increase in energy efficiency (further – authorized body) – the central executive body performing management in the field of energy saving and increase in energy efficiency;

8) national institute in the field of energy saving and increase in energy efficiency (further – National institute) – the legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state.

Chapter 2. Procedure for monitoring of public procurements and purchases of goods, works, services in the field of energy saving and increase in energy efficiency

3. Monitoring of public procurements and purchases of goods, works, services in the field of energy saving and increase in energy efficiency (further – monitoring) is carried out by authorized body at least once a year and includes collection, processing, the analysis, systematization and assessment of information on the carried-out public procurements and purchases of goods, works, services in the field of energy saving and increase in energy efficiency for the purpose of observance by customers of requirements for energy efficiency of goods, works, services when implementing public procurements and purchases of goods, works, the services approved by the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of November 11, 2022 No. 627 (it is registered in the Register of state registration of regulatory legal acts for No. 30527) (further – requirements for energy efficiency).

4. Object of monitoring are the goods, works, services provided by the inventory, works, services to which requirements for energy efficiency when implementing public procurements and purchases of goods, works, services extend No. 619 approved by the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of November 8, 2022 (it is registered in the Register of state registration of regulatory legal acts for No. 30465) (further – the list).

5. The authorized body annually till January 10 sends to authorized body in the field of public procurements inquiry for provision of information on the carried-out public procurements and purchases of goods, works, services.

6. The authorized body in the field of public procurements within fifteen working days from the moment of receipt of request provides information on the carried-out public procurements and purchases of goods, works, services in authorized body in form according to appendix to this order.

7. The authorized body within two working days from the date of receipt of information on the carried-out public procurements and purchases of goods, works, services from authorized body in the field of public procurements sends it to National institute.

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