of June 16, 2025 No. 52
About some questions of planning and projects implementation of public-private partnership
According to Items 1 and 2 of Article 15, subitems 5), 6), 11), 11-1), 11-2), 11-4), 11-6) of Article 20, subitem 3-1) of Item 2 of Article 26 and Items 2 and 3 of article 27 of the Law of the Republic of Kazakhstan "About public-private partnership", PRIKAZYVAYU:
1. Approve:
1) the Rules of planning and projects implementation of public-private partnership including questions of project planning of public-private partnership, carrying out tender (auction) and direct negotiations on determination of the private partner, carrying out monitoring of agreements of public-private partnership, carrying out monitoring and assessment of projects implementation of public-private partnership according to appendix 1 to this order;
2) Rules of information support about the planned and implementable projects of the public-private partnership performed by the central authorized state bodies of the corresponding industry, local executive bodies of areas, cities of republican value and the capital, the state partners and the Center of development of public-private partnership including by means of use of the web portal of public-private partnership according to appendix 2 to this order;
3) Rules of forming and the publication of the list of social and economic tasks for forming of offers on projects implementation of public-private partnership according to appendix 3 to this order;
4) Rules of selection of projects of public-private partnership, including concessionary projects, for provision or increase in amount of guarantees of the state according to appendix 4 to this order;
5) Criteria of reference of the project of public-private partnership to the project of public-private partnership of the special importance according to appendix 5 to this order;
6) Rules of accreditation of persons performing advisory support of projects of public-private partnership, and also examination according to appendix 6 to this order;
7) the Technique of distribution and risks assessment of projects of public-private partnership according to appendix 7 to this order;
8) The approximate list of the risks arising at various stages of public-private partnership according to appendix 8 to this order;
9) the Technique of cost determination of creation and (or) reconstruction of object of public-private partnership according to appendix 9 to this order;
10) the Technique of assessment of social and economic efficiency of projects of public-private partnership according to appendix 10 to this order;
11) Rules of use of the web portal of public-private partnership according to appendix 11 to this order;
12) Rules of coordination of project development of public-private partnership of the special importance with participation of the international financial institutions and issues of the conclusions according to appendix 12 to this order.
2. Recognize invalid some orders according to appendix 13 to this order.
3. To provide to department of investment policy and development of the financial sector of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its placement on Internet resource of the Ministry of national economy of the Republic of Kazakhstan after day of its first official publication.
4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.
5. This order becomes effective after sixty calendar days after day of its first official publication, except for the subitem 6) of Item 1 of this order which becomes effective since January 1, 2026.
The deputy prime minister is the Minister of national economy of the Republic of Kazakhstan
S. Zhumangarin
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It is approved Ministry of Finance of the Republic of Kazakhstan |
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Appendix 1
to the Order of the Deputy prime minister – the Minister of national economy of the Republic of Kazakhstan of June 16, 2025 No. 52
1. The these rules of planning and projects implementation of public-private partnership including questions of project planning of public-private partnership, carrying out tender (auction) and direct negotiations on determination of the private partner, carrying out monitoring of agreements of public-private partnership, carrying out monitoring and assessment of projects implementation of public-private partnership (further – Rules) are developed according to the subitem 6) of article 20 of the Law of the Republic of Kazakhstan "About public-private partnership" (further – the Law) and determines procedure for planning and projects implementation of public-private partnership, including questions of project planning of public-private partnership, carrying out tender (auction) and direct negotiations on determination of the private partner, carrying out monitoring of agreements of public-private partnership, carrying out monitoring and assessment of projects implementation of public-private partnership.
2. In these rules the following concepts and determinations are used:
1) predesigns – calculations for arrivals and disposals of operating, investing and financial activities for the project of public-private partnership, and also calculations of profits and losses with indication of sources of introduction data and assumptions;
2) the private initiator – the potential private partner initiating the project of public-private partnership according to the procedure, established by the Law and these rules;
3) local industry state bodies – the local state bodies exercising within the competence local public administration in the respective sphere (industry);
4) the authorized person at planning stage (further – the authorized person) – the state body, public institution, the state company or limited liability partnership, joint-stock company, fifty and more percent of shares in the authorized capital or voting shares of which directly or indirectly belong to the state, interested in project implementation of public-private partnership;
5) commercial closing – the conclusion of the agreement of public-private partnership according to article 45 of the Law;
6) financial closing – the conclusion the potential private partner or the private partner of agreements, contracts with physical persons or legal entities, their associations for attraction of the borrowed funds necessary for project implementation of public-private partnership during the investment period, and availability of receipt of financing on them;
7) industry state bodies – the state bodies performing management in the respective sphere (industry) of public administration;
8) the register – the register of the signed agreements of public-private partnership.
3. Distribution of funds distributed the budget programs on financing of development or adjustment, and also conducting necessary examinations of the tender documentation of projects of public-private partnership, carrying out advisory support of projects of public-private partnership is performed according to the procedure, established by these rules.
4. Information support about the planned and implementable projects of public-private partnership is performed by means of use of the web portal of public-private partnership according to Rules of information support about the planned and implementable projects of public-private partnership, including Rules of forming and the publication of the list of social and economic tasks for forming of offers on projects implementation of public-private partnership, approved according to Item 1 of article 15 of the Law.
5. These rules extend to all types of projects of public-private partnership, including concession and service contracts if other is not established by legal acts of the Republic of Kazakhstan.
The regulations provided in the relation of public-private partnership, the agreement of public-private partnership, the state partner, private partner are equally applicable to the service contract, concession, the agreement of concession, the concedent, the concessionary, respectively.
6. These rules are applied in case of realization of program public-private partnership in the part which is not settled by the corresponding procedure for determination of the private partner within program public-private partnership or if other is not established by it.
7. The project of public-private partnership is initiated by the central state bodies and (or) local executive bodies (the state initiative), or the potential private partner (private initiative).
8. In case of project planning of public-private partnership separation of the periods of one project of public-private partnership into several projects of public-private partnership is not allowed.
Authorized persons provide integrated approach to forming of technical, finance, legal solutions on the project of public-private partnership.
9. Projects implementation of public-private partnership on the state initiative is enabled by determination of the private partner based on tender.
Projects implementation of public-private partnership on private initiative is enabled by determination of the private partner based on tender or by means of carrying out direct negotiations.
Provisions of these rules, regarding regulation of tenders and (or) the tender documentation are applicable to auctions and (or) auction documentation if other is not established by the legislation of the Republic of Kazakhstan.
10. On planning stage of the project of public-private partnership for quality assurance of project management by authorized persons if necessary the Interdepartmental project team by involvement of specialists of the subordinated organizations, independent experts, the project, engineering and other companies interested and authorized state bodies, representatives of National chamber of entrepreneurs of the Republic of Kazakhstan, subjects of entrepreneurship is created.
The decision on creation of the Interdepartmental project team, and also on change of its structure is placed on the web portal of public-private partnership no later than 2 (two) working days from acceptance date of the relevant decision in time.
11. Interdepartmental project team:
studies offers and initiatives, on mechanisms of project implementation of public-private partnership;
creates recommendations about selection, assessment, priority determination, method of implementation of the project of public-private partnership, tender type, questions connected with allocation of the parcels of land, connection to engineering networks;
accepts recommendations by signing of the protocol on feasibility or lack of feasibility of project implementation of public-private partnership in form according to appendix 1 to these rules;
studies results of marketing and other researches on the planned project of public-private partnership, the payment and materials necessary for development of the tender documentation under the project of public-private partnership;
creates offers for inclusion in the tender documentation;
hears reports of persons involved in preparation of the project of public-private partnership since stage of project planning of public-private partnership to stage of the conclusion of the agreement of public-private partnership;
makes offers on completion of the tender documentation of the project of public-private partnership during process of its coordination and examination in process of receipt of notes from the approving authorized bodies and the organizations. At the same time in the conclusions following the results of examination or coordination recommendations about project management of public-private partnership for the Interdepartmental project team are in the presence specified;
traces adherence to deadlines and the procedures provided by these rules.
12. Authorized persons and other interested persons according to Item 6 of article 26 of the Law attract the Center of development of public-private partnership to training of specialists in the public-private partnership sphere, and also carrying out researches and development of recommendations about questions of public-private partnership.
13. The financial and other organizations interested in financing of the project of public-private partnership can participate in development and discussion of the tender documentation of the project of public-private partnership, the draft agreement of public-private partnership, including to make offers on the scheme of financing of the project of public-private partnership, ensuring obligation fulfillment on the attracted loans, expected payments in cases of agreement cancelation of public-private partnership and to other questions connected with financing of the project of public-private partnership.
14. For the purpose of involvement of subjects of entrepreneurship to project planning of public-private partnership, increase in transparency of planning process, placement by authorized persons of request of expression of interest about the planned project of public-private partnership on the official Internet resource and on the web portal of public-private partnership is allowed.
The request of expression of interest about the planned project of public-private partnership contains contact information of the authorized person, key parameters and requirements of the project of public-private partnership, and also final terms of submission of offers.
15. In case of decision making by the organizer of tender about carrying out closed competition by determination of the private partner, information on the planned project of public-private partnership is not published. The inquiry of expression of interest is sent in writing to the potential private partners who are previously determined by the organizer of tender.
16. For the purpose of involvement of potential private partners to discussion of the project of public-private partnership round tables, meetings, road-show (presentation), networking (participation in industry conferences and forums, exhibitions), investment marketing and other necessary actions can be held.
17. The organizer of tender performs collection of the arrived offers, and if necessary will organize competitive dialogue by negotiation of the authorized person with each of potential private partners, including with the single potential private partner.
Competitive dialogue will be organized for forming of optimal solutions on technical, financial, legal and other necessary parameters of the project of public-private partnership, to measures of the state support, criteria of determination of the best bid and other decisions, taking into account requirements and opportunities of each of the interested potential private partners, including the single potential private partner.
18. Results of competitive dialogue on projects of public-private partnership are drawn up by the protocol on results of competitive dialogue on the project of public-private partnership in form according to appendix 2 to these rules.
Participants of competitive dialogue observe confidentiality of information obtained during its carrying out.
19. Authorized persons develop the tender documentation taking into account results of competitive dialogue, results of work of the Interdepartmental project team.
20. The interested state bodies, experts and interested persons can be involved in discussion of the draft of the tender documentation or business plan.
21. Project planning of public-private partnership within realization of the state initiative is performed based on the economic conclusion of the central authorized body on the budget policy or local authorized body on state planning on the investment offer of the state investment project on feasibility of project implementation of public-private partnership, except as specified, provided by the subitem 1) of Item 1 of article 10 of the Law.
22. Development or adjustment, conducting necessary examinations of the investment offer of the state investment project is performed according to Item 9 of Article 149 of the Budget code.
23. In case of issue of the economic conclusion on the investment offer of the state investment project on feasibility of project implementation of the public-private partnership corresponding to criteria of the project of the special importance, the central authorized body on the budget policy or the local authorized body on state planning no later than 3 (three) working days sends the investment offer of the state investment project and the economic conclusion to the Center of development of public-private partnership and notifies about it the authorized person.
24. No later than 5 (five) working days from the date of receipt of the documents specified in Item 23 of Rules, the Center of development of public-private partnership sends the offer to take part in development of project data to the international financial institutions and, if necessary, holds mutual consultations, negotiations with the purpose of forming of the preliminary list of projects of the special importance which development is performed together with the international financial institutions.
If on the same project interest in development is expressed by several international financial institutions, the international financial institution which offered financing terms of project development of public-private partnership with the smallest costs from the budget gets out. Under equal financing terms of project development of public-private partnership the international financial institution which confirmed the interest before others gets out.
25. Till 20 (twenty) working days from the date of receipt of the documents specified in Item 23 of Rules, the Center of development of public-private partnership sends to the central authorized body on the budget policy the preliminary list of projects of public-private partnership of the special importance which development is performed together with the international financial institutions in form according to appendix 3 to these rules, and also the list of projects of public-private partnership on which the international financial institutions interest in development is not expressed.
26. The central authorized body on the budget policy according to subitem 4-2) of article 19 of the Law initiates adoption of the order of the Government of the Republic of Kazakhstan on approval or amendment of the list of projects of the special importance, including projects of the special importance which development is performed together with the international financial institutions, and also sends to the authorized persons the project documentation which are not included in the list of projects of the special importance for further development of the tender documentation.
27. The central authorized body on the budget policy attracts the Center of development of public-private partnership to rendering services of coordination of project development of public-private partnership of the special importance with participation of the international financial institutions and issues of the conclusion according to Rules of coordination of project development of public-private partnership of the special importance with participation of the international financial institutions and issues of the conclusion, according to appendix 12 to this order.
28. Project planning of public-private partnership within realization of private initiative by carrying out tender, is performed based on the conclusion of the authorized person which adopted the statement for private initiative of project implementation of public-private partnership on the draft of the information sheet of the tender documentation developed by the potential private partner.
29. The conclusion about need of project implementation of public-private partnership on private initiative is taken out by the authorized person in case of project compliance to the list of social and economic tasks for forming of offers on projects implementation of public-private partnership, and also with the need for goods, works services in the corresponding industry (the sphere, the region) and lack of other projects initiated earlier directed to satisfaction of this requirement.
30. The draft of the information sheet of the tender documentation in case of private initiative is developed by the private initiator in form according to appendix 4 to these rules.
The draft of the information sheet of the private initiator includes information on the size and procedure for cost recovery of the private initiator on project development of information leaf of the tender documentation and draft agreement of public-private partnership.
Correctness of creation of the statement, including regarding determination of the authorized person to which the application for private initiative of project implementation of public-private partnership is directed, it is provided with the private initiator.
31. In case of identification of shortcomings or incomplete information in time, stipulated in Item 33 these rules, the authorized person submits to the private initiator of the note, recommendations and requirements to the offered draft of the information sheet, and, in coordination with the private initiator, establishes the term of completion of the specified document.
If the private initiator did not submit the modifed draft of the information sheet in time established according to part one of this Item of Rules, the authorized person directs the negative conclusion.
32. In case of pronouncement of the conclusion about lack of need of project implementation of public-private partnership, the draft of the information sheet with appendix of the reasonable conclusion goes to the private initiator no later than 15 (fifteen) working days from acceptance date of the statement for private initiative to consideration.
33. In case of pronouncement of the conclusion about need of project implementation of public-private partnership on private initiative, the authorized person in time no later than 15 (fifteen) working days from acceptance date of the statement for private initiative to consideration, directs this application, the draft of the information sheet and the conclusion about need of realization to the central authorized body on the budget policy or to local authorized body on state planning, respectively.
34. The central authorized body on the budget policy or local authorized body on state planning in time no later than 20 (twenty) working days from the date of receipt of the documents specified in Item 33 of Rules performs complex assessment of information provided in information leaf and the economic conclusion on information leaf within realization of private initiative of form according to appendix 5 to these rules sends to the authorized person.
35. The positive economic conclusion is the basis for transition to procedures for development of the tender documentation of the project of public-private partnership according to paragraph 6 of this Chapter of Rules.
36. Project planning of public-private partnership within realization of private initiative by carrying out direct negotiations is performed based on the conclusion of the authorized person which accepted the request for initiation of direct negotiations on determination of the private partner (further – the request for initiation of direct negotiations), on the business plan of the project of public-private partnership developed by the potential private partner, according to the procedure, established by paragraph 9 of Rules.
37. Within project planning of public-private partnership from budget funds attraction is financed:
1) authorized persons of the accredited organizations for development or adjustment of the tender documentation of projects of public-private partnership, advisory support of projects of public-private partnership, and also conducting the examinations provided by paragraph 6 of Chapter 2 of these rules, except for economic examination;
2) the central authorized body on the budget policy and local authorized bodies on state planning of the accredited organizations for implementation of economic examination of the tender documentation except for examinations of the tender documentation of projects of public-private partnership of the special importance which development was performed with involvement of the international financial institutions;
3) the central authorized body on the budget policy of the Center of development of public-private partnership for implementation of coordination of development of the tender documentation of projects of public-private partnership of the special importance which development was performed with involvement of the international financial institutions and issues of the conclusion.
38. Financing of services in advisory maintenance, and also conducting the examinations provided by paragraph 6 of Chapter 2 of these rules, except for economic examination is performed at the expense of means of the appropriate distributed budget program of the central authorized body on the budget policy or local authorized body on state planning which are subject to distribution within financial year between various administrators of the budget programs based on the list of services in advisory maintenance.
39. Process of financing of advisory support of projects of public-private partnership, and also conducting the examinations provided by paragraph 6 of Chapter 2 of these rules, except for economic examination at the expense of funds distributed the budget programs represents the complex of actions containing the following main stages:
1) provision by administrators of the budget programs of requests for financing of development or adjustment of the tender documentation of projects of public-private partnership, advisory support of projects of public-private partnership, and also conducting the examinations provided by paragraph 6 of Chapter 2 of these rules except for of economic examination;
2) forming and approval of the list of services in advisory maintenance which is performed at the expense of means of the appropriate distributed budget program of the central authorized body on the budget policy or local authorized body on state planning;
3) financing of development or adjustment of the tender documentation of projects of public-private partnership, and also conducting the examinations provided by paragraph 6 of Chapter 2 of these rules except for of economic examination, advisory support of projects of public-private partnership.
40. Administrators of the budget programs after receipt of the economic conclusion on the investment offer of the state investment project on feasibility of project implementation of public-private partnership or on information leaf of the private initiator submit requests for financing of development or adjustment of the tender documentation of projects of public-private partnership, advisory support of projects of public-private partnership, and also conducting the examinations provided by paragraph 6 of Chapter 2 of these rules except for of economic examination to the central authorized body on the budget policy or local authorized body on state planning.
41. The request for financing of development or adjustment of the tender documentation of projects of public-private partnership includes:
1) the investment offer with appendix of the positive conclusion of industry examination, the draft of the specification on advisory maintenance, including development or adjustment of the tender documentation of projects of public-private partnership, calculation of cost of development or adjustment of the tender documentation of projects of public-private partnership, and also conducting the examinations provided by paragraph 6 of Chapter 2 of these rules except for of economic examination; or
2) the draft of the information sheet developed by the private initiator with appendix of the conclusion about need of project implementation of public-private partnership, the draft of the specification, including development or adjustment of the tender documentation of projects of public-private partnership, calculation of cost of development or adjustment of the tender documentation of projects of public-private partnership, and also conducting the examinations provided by paragraph 6 of Chapter 2 of these rules, except for economic examination.
The period of application of funds, allocated for development or adjustment of the tender documentation of projects of public-private partnership, according to the distributed budget program of the central authorized body in the budget policy or local authorized body on state planning, can constitute more than one year, but no more than the term determined in the offer of the relevant budget commission.
42. The central authorized body on the budget policy based on the positive economic conclusion on the investment offer or the draft of the information sheet and taking into account the limits of the state obligations of projects of public-private partnership set by the law on the republican budget, creates the conclusions on development or adjustment of the tender documentation of projects of public-private partnership, and also conducting necessary examinations, except for economic examination, and submits for consideration of the republican budget commission.
43. The local authorized body on state planning based on the positive economic conclusion on the investment offer or the draft of the information sheet and taking into account the limits of the state obligations of projects of public-private partnership, local executive bodies of areas, the cities of republican value and the capital set by authorized body on the budget policy, creates the conclusions on development or adjustment of the tender documentation of projects of public-private partnership, and also conducting necessary examinations, except for economic examination, and submits for consideration of the relevant budget commission.
44. On the projects of public-private partnership approved by the budget commissions, containing in the investment offer, the central authorized body on the budget policy or local authorized body on state planning creates the list of services in advisory maintenance which is performed at the expense of means of the appropriate distributed budget program of the central authorized body on the budget policy or local authorized body on state planning.
45. The list of services in advisory maintenance which is performed at the expense of means of the appropriate distributed budget program of the central authorized body on the budget policy or local authorized body on state planning, containing the name and the amount of financing on each project of public-private partnership affirms the central authorized body on the budget policy or local executive body of area, city of republican value and the capital which preparation is performed by the central or local authorized body on state planning.
46. The executive body performing management of the corresponding industry (sphere) of public administration sends the request for financing of services in advisory support of projects of public-private partnership, and also conducting examinations, stipulated by the legislation the Republic of Kazakhstan, except for economic examination, to the central authorized body on the budget policy or local authorized body on state planning.
47. The request for financing of services in advisory support of projects of public-private partnership contains the following main data:
1) name of the project of public-private partnership;
2) information on the administrator of the budget programs;
3) types of service, examinations and their declared cost.
48. Also are applied to the request:
1) the draft of the specification on provision of services in which the following main data shall be reflected:
purpose and tasks of attraction of services;
general requirements to provision of services, including regarding completion of documentation according to the recommendations received by results of coordination and examination, refining of terms of the contract of public-private partnership with the winner of tender, if necessary;
terms of provision of services;
indicators (indicators) of direct results of provision of services;
2) reasons for the declared total cost of services;
3) other data proving need of attraction of services.
49. The central authorized body on the budget policy introduces the request for rendering services in advisory support of projects of public-private partnership and conducting the examinations provided by paragraph 6 of Chapter 2 of these rules for consideration in the central authorized body on budgetary planning for the subsequent submitting for examination of the republican budget commission.
The local authorized body on state planning introduces the request for rendering services in advisory support of projects of public-private partnership and conducting the examinations provided by paragraph 6 of Chapter 2 of these rules for consideration of the budget commission.
On the amounts of financing of services in advisory support of each project of the public-private partnership approved by the budget commissions, the central authorized body on the budget policy or local authorized body on state planning create the list of services in advisory support of projects of public-private partnership which is performed at the expense of means of the appropriate distributed budget program of the central authorized body on the budget policy or local authorized body on state planning.
50. The relevant budget commission on results of consideration determines the list of services in advisory support of projects of public-private partnership which is performed at the expense of means of the appropriate distributed budget program of the central authorized body on the budget policy or local authorized body on state planning, and also types and the amounts of financing on each project.
51. Contains list of services in advisory support of projects of public-private partnership the name and the amount of financing on each project.
52. Forming, submitting for examination of the relevant budget commission and approval of changes and (or) amendments in lists on the remained amount of means of the appropriate distributed budget programs are performed according to the procedure, established by this paragraph.
53. In cases of non-use or partial use within financial year of the budgetary funds allocated according to the appropriate distributed budget programs for financing of development or adjustment of the tender documentation of projects of public-private partnership, advisory support of projects of public-private partnership, and also conducting examinations stipulated by the legislation the Republic of Kazakhstan, except for economic examination, administrators of the budget programs provide return of unused part of the allocated budgetary funds before the last refining of the relevant budget.
54. Return of the unused or partially used budgetary funds is performed by recovery of the appropriate budget programs of the central authorized body on the budget policy or local authorized body on state planning without relevant decision of the relevant budget commissions based on the order of the central authorized body drafted in accordance with the established procedure and accepted on the budget policy or decisions of local executive body of area, the city of republican value and the capital on introduction of amendments to the order of the central authorized body on the budget policy or the decision of local executive body of area, city of republican value and the capital on distribution of the appropriate distributed budget programs with the subsequent modification of the consolidating plan of receipts and financing on payments, the consolidating plan of financing according to obligations.
55. Return by the administrator of the budget program of unused part of the allocated budgetary funds according to the central authorized body on the budget policy or local authorized body on state planning after refining of the relevant budget, in cases of non-use or partial use within financial year of the budgetary funds allocated according to the appropriate distributed budget programs for financing of development or adjustment of the tender documentation of projects of public-private partnership, advisory support of projects of public-private partnership, conducting examinations stipulated by the legislation, except for economic examination is not allowed.
56. Administrators of the budget programs based on the list of services in advisory maintenance which is performed at the expense of means of the appropriate distributed budget program of the central authorized body on the budget policy or local authorized body on state planning provide according to the legislation of the Republic of Kazakhstan in the sphere of public procurements involvement of the accredited legal entities performing advisory support of projects of public-private partnership for development or adjustment of the tender documentation.
57. Obligations of the supplier according to the development agreement or adjustment of the tender documentation of projects of public-private partnership, advisory support of projects of public-private partnership, join the requirement about obligatory completion of the tender documentation of projects of public-private partnership, services in advisory support of projects of public-private partnership, the supplier, in case of notes and offers on results of conducting the corresponding examinations, including return of the project to completion when carrying out economic project appraisal, the administrator of the budget programs within total cost of the agreement within 30 (thirty) calendar days.
58. Administrators of the budget programs represent to the central or local authorized body on the budget policy information on the course of implementation of actions on development or adjustment of the tender documentation of projects of public-private partnership, to advisory support of projects of public-private partnership quarterly to 10 (tenth) following reporting quarter.
59. Financing of conducting economic examinations of the tender documentation of projects of public-private partnership is performed at the expense of means of the budget program of the central authorized body in the budget policy or local authorized body on state planning.
60. The central authorized body on the budget policy according to the procedure, established by the legislation of the Republic of Kazakhstan in the sphere of public procurements, signs the service provision agreement on conducting examinations of the tender documentation of projects of public-private partnership with the Center of development of public-private partnership.
Local authorized bodies on state planning according to the procedure, established by the legislation of the Republic of Kazakhstan in the sphere of public procurements, sign service provision agreements on conducting examinations of the tender documentation of projects of public-private partnership with accredited legal entities according to subitem 11-6 of article 20 of the Law.
61. Financing of coordination of project development of public-private partnership of the special importance with participation of the international financial institutions is performed at the expense of means of the budget program of the central authorized body in the budget policy.
62. The central authorized body on the budget policy according to the procedure, established by the legislation of the Republic of Kazakhstan in the sphere of public procurements, signs the contract with the Center of development of public-private partnership for rendering services in coordination of project development of public-private partnership of the special importance with participation of the international financial institutions.
Services in coordination of project development of public-private partnership of the special importance with participation of the international financial institutions are paid from budget funds on condition of agreement signature between the international financial institutions, the authorized person and the Center of development of public-private partnership on development of the tender documentation and, if necessary, support of competitive procedures of determination of the private partner.
63. The tender documentation, including when entering into it of corresponding changes and (or) amendments (further – the tender documentation), is developed in the Kazakh and Russian languages, taking into account requirements of the legislation of the Republic of Kazakhstan to the sphere of the state secrets, according to the procedure, established by this paragraph of these rules, in other languages taking into account specifics of the project of public-private partnership.
64. The tender documentation according to Item 2 of article 37 of the Law contains the following information:
1) the passport of the project including general information about the project of public-private partnership:
name of the project;
name of the organizer of tender;
short description of object of public-private partnership;
place of project implementation;
summary of the investment and operational periods;
project deadline with breakdown for the periods;
expected amount of investments;
2) competitive conditions, including:
application process on qualification,
requirements to the documents confirming compliance of potential private partners to imposed qualification requirements;
description of criteria of determination of the best bid;
specifying of currency (currencies) in which parameters of the project of public-private partnership, and currency rate (currencies) which will be applied to reduction to common currency for the purpose of their comparison and assessment shall be expressed;
requirements to language of submission of the bid;
specifying on the right of the potential private partner to change or withdraw the bid before the expiration of submission of bids;
contents of the bid, method, place, term of representation and action of bids, and also conditions of introduction of providing bid;
methods of receipt of explanations on contents of the tender documentation of the project of public-private partnership;
procedures, the place, date and time of opening of envelopes with bids;
essential conditions of tender, that is condition in which modification is not allowed during negotiations;
3) the feasibility statement on the project of public-private partnership or the information leaf containing the project description of public-private partnership on the projects having developed design estimates, and also realized based on standard projects, prototype project solutions or projects of repeated application.
The feasibility statement on the project of public-private partnership is developed in form according to appendix 6 to these rules.
Information leaf, in form according to appendix 4 to these rules;
4) draft agreement of public-private partnership.
65. Within realization of private initiative the private initiator in time no later than 15 (fifteen) working days from the date of receipt of the economic conclusion, stipulated in Item 35 Rules, sends to the authorized person the draft agreement of public-private partnership.
The authorized person develops based on the drafts of the information sheet and the agreement of public-private partnership developed by the private initiator, the draft of the tender documentation according to Item 64 of these rules and sends for further approval and examinations according to the procedure, provided by these rules.
66. The tender documentation is subject to industry examination of the corresponding industry by authorized body.
The requirement to the certificate of the tender documentation by means of the digital signature is applied when passing all necessary coordination and examinations of the tender documentation, and also in case of placement by the organizer of tender of the tender documentation on the web portal of public-private partnership.
Industry expertize of the tender documentation is carried out by industry central state bodies on republican projects of public-private partnership or local industry state bodies on local projects of public-private partnership within 10 (ten) working days from the moment of introduction. The industry conclusion (it is specified positive or negative) by results of examination is drawn up in form according to appendix 7 to these rules and is placed on the web portal of public-private partnership.
Local industry state bodies send to the central state bodies of the corresponding industry the copy of the industry conclusion on local projects of public-private partnership which cost over four-million monthly settlement indicator.
67. In case of recognition of the project of public-private partnership on terms of realization, feasibility, amounts, cost and the mechanism of realization, achievement of resulting effects on the project of public-private partnership, the positive industry conclusion, in the presence of notes – the negative industry conclusion is prepared.
The tender documentation in case of introduction in it of changes and (or) amendments is subject to the repeated direction for industry examination.
68. The industry conclusion is signed using the digital signature of certification center of state bodies by the first head of industry central, or local state body, or person it replacing with appendix of the relevant order and it is represented by means of the web portal of public-private partnership.
69. On projects of public-private partnership in the sphere of informatization assessment of the technology, technical solutions provided in the tender documentation including graphics of realization, is carried out within coordination according to article 59 of the Law of the Republic of Kazakhstan "About informatization".
If the project of public-private partnership provides creation of information systems and adoption of the state obligations the authorized body in the sphere of informatization in case of coordination of the draft of the tender documentation of the project considers question of feasibility of adoption of the software in state-owned property.
If the project of public-private partnership affects the sphere of responsibility of several industry state bodies, the specified industry state bodies in addition provide the conclusions of the corresponding industry examinations of the tender documentation prepared according to requirements of this Item for industry examination.
70. In case of belonging of the project of public-private partnership to spheres of natural monopolies the organizer of tender sends for approval the tender documentation to the authorized body performing management in spheres of natural monopolies within 10 (ten) working days from the date of their receipt with consideration of the following questions:
1) compliance of provisions of the tender documentation regarding procedure for forming and approval of rates (the prices, rates of charges) on the goods, works and services relating to the sphere of natural monopolies, requirements of the current legislation of the Republic of Kazakhstan in the sphere of natural monopolies;
2) compliance of the tender documentation to economic, financial, technical and other parameters of tariff setting in the preproject or project documentation of the project of public-private partnership in case of availability of those;
3) coordination of the list of the documents connected with tariff setting of the project of public-private partnership, provided by participants of tender as a part of the bid;
4) coordination of the essential conditions of the tender documentation connected with tariff setting;
5) coordination of the draft agreement of public-private partnership regarding the provisions and appendices included in the agreement of public-private partnership, connected with tariff setting of the project of public-private partnership;
6) in case of upgrade or reconstruction of the operating objects of public-private partnership – achievement of increase or preserving the existing level of liquid cost of the involved fixed assets at the expense of kapitaloobrazuyushchy costs and decrease normative and (or) liquidation of the above-standard losses in case of their availability based on actions plans developed and implementable within project implementation of public-private partnership;
7) expenses on services (goods, works), decrease in production costs;
8) amounts of services (goods, works), increase in amount and (or) improvement of quality of the provided services (goods, works);
9) procedure for forming of rate (the price, rates of charge) and limit of rate for the provided services (goods, works);
10) scheme and conditions of borrowing and compensation of loan resources;
11) the main financial and economic indicators of the project of public-private partnership – internal profit margin (profitability), arrived to the involved assets, discount cash flows in case of price level (the prices, rates of charges) on services of subjects within the forecast of growth of rates (the prices, rates of charge) for services (goods, works), taking into account indicators of the forecast of social and economic development of the Republic of Kazakhstan and the forecast of payments of the state obligations for projects of public-private partnership.
Coordination of the tender documentation is drawn up in the form of the letter on coordination, or not coordination with reflection of the reasons of nonagreement on each case in point, or requirements for completion of the tender documentation.
71. On the republican projects providing with private partners of realization of the state functions, the tender documentation is sent by means of the web portal of public-private partnership for approval in antimonopoly authority in the part relating to the sphere of protection of the competition and restriction of monopolistic activities.
In time no later than 10 (ten) working days from the date of adoption of the tender documentation to consideration the antimonopoly authority sends by means of the web portal of public-private partnership the letter on its coordination or refusal in coordination with indication of reasons.
72. The organizer of tender directs by means of the web portal of public-private partnership the tender documentation of republican or local projects of public-private partnership to coordination in the central, or local authorized body on budget implementation.
73. The central authorized body on budget implementation carries out coordination of the tender documentation of republican projects of public-private partnership on the questions entering competence including with consideration of the following questions:
1) provision of the guarantee of the state on infrastructure bonds or the state guarantees on the loans attracted to financing of projects of public-private partnership.
The central authorized body on budget implementation in case of coordination of the tender documentation providing the guarantee of the state approves the amount of the guarantee of the state offered by the organizer of tender to provision within tender by determination of the private partner in the project of public-private partnership;
2) acceptance in republican property of object of public-private partnership or transfer of the existing object of republican property for project implementation of public-private partnership;
3) assignment from the republican budget for payment of sources of cost recovery and receipt of the income, joint financing for the project of public-private partnership.
74. The local authorized body on budget implementation and (or) other state body, according to the competence, carries out coordination of the tender documentation of local projects of public-private partnership with consideration of the following questions:
1) acceptance in municipal property of object of public-private partnership or transfer of the existing object of municipal property for project implementation of public-private partnership;
2) assignment from the local budget for payment of sources of cost recovery and receipt of the income, joint financing for the project of public-private partnership.
75. The term of coordination of the tender documentation by the central or local authorized body on budget implementation constitutes no more than 10 (ten) working days from the date of receipt.
Coordination of the tender documentation by the central or local authorized body on budget implementation is performed by means of the web portal of public-private partnership.
In case of refusal in coordination by the central or local authorized body on budget implementation the reasons of nonagreement or the requirement for completion of the tender documentation are specified.
76. The organizer of tender directs by means of the web portal of public-private partnership the tender documentation, including in case of introduction in it of changes and (or) amendments, and also the materials attached to it to coordination to the central authorized body on the budget policy or local authorized body on state planning.
In case of modification and (or) amendments in the tender documentation the corresponding comparative table with reasons for the made changes is attached to the tender documentation which was reworded as follows.
77. The letter on the direction of the draft of the tender documentation on coordination contains data of developer and (or) private initiator, including surname, name, middle name (in the presence), position, phone and the address (addresses) of e-mail.
78. The central authorized body on the budget policy or local authorized body on state planning within 3 (three) working days from the date of receipt of the tender documentation sends it and the industry conclusions to the Center of development of public-private partnership or the legal entities determined by local executive bodies of areas, cities of republican value and the capital for conducting examination, including in case of introduction in it of changes and (or) amendments which is performed within 20 (twenty) working days from the date of submission of the tender documentation to this organization if the project is technically difficult and (or) unique, and on other projects – within 16 (sixteen) working days from the date of submission of the tender documentation.
At the same time copies of the investment offer and the economic conclusion of the central authorized body on the budget policy or local authorized body on state planning on the investment offer of the state investment project on feasibility of project implementation of public-private partnership are attached.
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