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ORDER OF THE MINISTER OF SCIENCE AND THE HIGHER EDUCATION OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2024 No. 605

About approval of Rules of determination of the private partner and the conclusion of the agreement of public-private partnership

According to subitem 2-1) of article 23 of the Law of the Republic of Kazakhstan "About public-private partnership", I ORDER:

1. Approve Rules of determination of the private partner and the conclusion of the agreement of public-private partnership according to appendix to this order.

2. To provide to department of infrastructure projects, public procurements and assets of the Ministry of science and the higher 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 science and the higher education of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising vice-minister of science and the higher education of the Republic of Kazakhstan.

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

Minister of science and the higher education of the Republic of Kazakhstan

S. Nurbek

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

Appendix

to the Order of the Minister of science and the higher education of the Republic of Kazakhstan of December 30, 2024 No. 605

Rules of determination of the private partner and conclusion of the agreement of public-private partnership

Chapter 1. General provisions

1. These rules of determination of the private partner and the conclusion of the agreement of public-private partnership (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 determine procedure for determination of the private partner and the conclusion of the agreement of public-private partnership.

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

1) state partner – The Republic of Kazakhstan on behalf of which state bodies act public institutions, the state companies and limited liability partnerships, joint-stock companies, fifty and more percent of shares in the authorized capital or voting shares of which directly or indirectly belong to the state, signed the agreement of public-private partnership;

2) the project of public-private partnership on construction and operation of objects of public-private partnership – set of the consecutive actions for implementation of public-private partnership realized during the limited period of time and having complete nature according to the Law and the budget legislation of the Republic of Kazakhstan (further – the project of PPP);

3) object of public-private partnership – objects of public-private partnership – the building, constructions and (or) the equipment, property complexes, results of intellectual creative activities which are created (including are under construction and are in case of need designed) and (or) are reconstructed, and (or) modernized, and also operated within project implementation of public-private partnership (further – object of PPP).

All terms and determinations used in these rules are understood according to the determinations stated in the Law.

3. The project of PPP of the organizations of the higher and (or) postgraduate education, fifty and more percent of shares of which belongs to the state, is initiated by the state partner:

1) central state body of the corresponding industry;

2) local executive body of area, city of republican value and capital;

3) the organization of the higher and (or) postgraduate education, fifty and more percent of shares of which belong to the state (further – OVPO).

4. Project implementation of PPP is enabled by determination of the private partner on competitive basis. In case of project planning 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 places for accommodation of students, undergraduates and doctoral candidates of OVPO in object of PPP at least 500 (five hundred) places according to the agreement of public-private partnership (further – the agreement of PPP);

2) the construction cost of one place does not exceed the cost established by the enlarged estimate standard rate of the respective region agrees normative technical documents according to the procedure, established by the legislation of the Republic of Kazakhstan, taking into account design capacity of object of PPP;

3) provision to the private partner the right of temporary non-paid land use to the parcel of land according to the legislation of the Republic of Kazakhstan and leading of the corresponding engineering and communication infrastructure to object of PPP, in case of its absence;

4) the joint financing or fees performed in the investment period of the project of PPP after completion of zero cycle of building of object of PPP in the amount of no more than thirty percent from the estimated cost of asset construction of PPP, except for the commercial rooms transferred to the possession of the private partner after commissioning of object of PPP;

5) the agreement of PPP is signed for the term of 96 (ninety six) months;

6) lack of encumbrances and claims of the third parties on the parcel of land intended for construction;

7) the conclusion of cooperation agreement (the contract of consortium) between OVPO and the private partner for placement of the state order on providing students, undergraduates and doctoral candidates with places in hostels;

8) transfer of fifteen percent from object of PPP (the commercial rooms located on the first and second floors) in property of the private partner after commissioning of object of PPP;

9) object of PPP remains in equity property of OVPO (eighty five percent of total area of the building of the hostel intended for living rooms, the respective rooms for cooking, bathrooms, shower rooms, and also rooms for movement, sports, rest and social interaction) and the private partner (fifteen percent of total area of the building of the hostel intended for commercial rooms, located on the first and second floors) with imposing of encumbrance on invariance of purpose of object according to the legislation of the Republic of Kazakhstan;

10) the equipment and equipment (furniture, firm and soft stock) of object of PPP corresponds with the sanitary and epidemiologic regulations and requirements operating in the territory of the Republic of Kazakhstan;

11) the payments performed during the operational period within placement of the state order on providing students, undergraduates and doctoral candidates of OVPO with places in hostels according to the legislation of the Republic of Kazakhstan;

12) the private partner operates object of PPP within seventy two months.

If the central state body of the corresponding industry acts as the initiator of the project of PPP or the local executive body of area, city of republican value and the capital in the investment period is performed by it the joint financing of the project of PPP provided by the subitem 4) of this Item.

If the initiator of the project of PPP OVPO in the investment period acts as it are contributed, provided by the subitem 4) of this Item.

Chapter 2. Procedure for development and approval of the tender documentation of the project of PPP

6. The organizer of tender performs development of the tender documentation of the project of PPP 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.

Chapter 3. Procedure for determination of the private partner on competitive basis

Paragraph 1. Carrying out tender by determination of the private partner

11. The central state body of the corresponding industry or local executive body of area, city of republican value and the capital or OVPO acts as the organizer of tender.

12. The organizer of tender creates tender committee for determination of the private partner (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 the participant of tender which is drawn up by the protocol on the admission to participation in tender by determination of the private partner in the project of PPP;

2) consideration of bids of participants of tender;

3) determination of the best bid;

4) negotiation on refining of terms of the contract of PPP with the potential private partner whose bid is recognized as the best, or the single potential private partner;

5) recognition of the applicant by the winner of tender by determination of the private partner;

6) tender recognition by cancelled.

18. Decisions of the Commission are drawn up by the protocols applied on the web portal of public-private partnership (further – 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 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 and the tender documentation of the project of PPP in form according to appendix 1 to these rules;

2) introduction of the bid by the potential private partner, and also providing bid;

3) consideration of bids by the Commission;

4) carrying out by the Commission negotiations with the potential private partner which bid 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;

5) determination of the winner of tender.

Paragraph 2. The notice on carrying out tender by determination of the private partner and submission of the tender documentation

20. The notice on carrying out tender by determination of the private partner 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, and when carrying out repeated tender by determination of the private partner – 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.

In this case 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 the organizer of tender places the tender documentation on the Internet resource and on the web portal of PPP with providing open entry to downloading.

Paragraph 3. Bid

23. The bid is form of expression of consent of the potential private partner 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.

24. Bids are introduced before the expiration of final term of their representation specified in the tender documentation of the project of PPP.

25. 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.

26. The bids submitted after the expiration of fixed term are not considered within tender.

27. The potential private partner no later than the termination of term of submission of bids:

1) to change and add the introduced bid;

2) withdraws the bid with return of the providing the bid brought by it.

28. The bid of the potential private partner is subject to variation in the following cases when:

1) the potential private partner earlier submits the bid on participation in this tender by determination of the private partner;

2) the bid arrived after the expiration of acceptance of tender bids on participation in this tender by determination of the private partner.

29. Effective period of the bid corresponds to the term established by the tender documentation.

30. Providing the bid is brought by the potential private partner 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.

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