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

According to item 4 of article 10-12 of the Law of the Republic of Kazakhstan "About the housing relations"

I ORDER:

1. Approve the enclosed Rules of implementation of purchases of works and services, selection of projects and suppliers, the conclusion of agreements within implementation of the national project on upgrade of energy and utility sectors according to appendix to this order.

2. To provide to committee on cases of construction and housing and communal services of the Industry ministry and construction of the Republic of Kazakhstan in the procedure established by the legislation placement of this order on Internet resource of the Industry ministry and construction of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Industry and construction of the Republic of Kazakhstan.

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

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Department of Energy of the Republic of Kazakhstan

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Agency on protection and development of the competition of the Republic of Kazakhstan

It is approved Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan

Appendix

to the Order of the Minister of Industry and construction of the Republic of Kazakhstan of September 19, 2025 No. 374

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

Chapter 1. General provisions

1. These 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 (further – Rules) are developed according to item 4 of article 10-12 of the Law of the Republic of Kazakhstan "About the housing relations" (further - the Law).

2. These rules determine procurement procedure 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.

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

1) the Administrator – the legal entity determined according to Item 3 of article 10-11 of the Law, authorized body in the field of the housing relations and housing and communal services as the administrator of electronic platform of purchases;

2) the affiliate of the potential supplier – any physical person or legal entity which has the right to determine decisions and (or) to exert impact on the decisions made by this potential supplier, including owing to the transaction made in writing, and also any physical person or legal entity concerning which this potential supplier has such right;

3) the purchase agreement – the civil agreement on performance of works on "turnkey" construction within implementation of the national project on upgrade of energy and utility sectors or rendering services signed according to these rules;

4) long-term purchases – purchases of works and services which terms of accomplishment (rendering) exceed 12 (twelve) months;

5) the long-term agreement – the purchase agreement signed for the term of more than 12 (twelve) months;

6) the customer – the subject of natural monopoly conducting procurement according to these rules;

7) purchases – acquisition by customers on paid basis of works, services according to the procedure, established by these rules;

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;

9) the skilled potential supplier – the potential supplier who passed prequalification according to requirements of these rules;

10) the ofteyk-contract – the agreement in case of which one party shall organize production of goods and to bring him in the future, and other party guarantees purchase of in advance stipulated amount and the price throughout long term;

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;

Ceiling 13) project implementation price – the amount determined based on the design estimates (DE), the feasibility statement (FS) or "turnkey" settlement construction cost (RSS);

14) "turnkey" construction – the complex works on asset construction and its introduction in operation including accomplishment project, prospecting, construction (expansion, upgrade, modernization, reconstruction, restoration, capital repairs) and other works, and also the delivery of goods and rendering services accompanying the specified works, except for conducting complex non-departmental examination of projects and services of technical supervision";

15) the technical operator – the legal entity with absolute participation of the state in the authorized capital determined by the Government of the Republic of Kazakhstan as the technical operator in the field of the housing relations and housing and communal services of the national project on upgrade of energy and utility sectors;

16) the financial operator – joint-stock company "National managing holding "Bayterek";

17) electronic platform of purchases – electronic platform of purchases of the national project on upgrade of energy and utility sectors which procedure for functioning is determined by the Rules of functioning of electronic platform approved by authorized body in the field of the housing relations and housing and communal services.

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.

4. Purchases provide holding two-stage competitive procedures:

1 stage – holding prequalification;

2 stage – comparison of price and not price offers.

Process of carrying out purchases includes preparation and the announcement of tender, establishment of qualification requirements and holding prequalification, consideration and assessment of requests by price and not price criteria, comparison of offers and selection of the supplier, the conclusion of the purchase agreement, and also the provisions regulating procedure for modification of the tender documentation, ensuring obligation fulfillment, procedure for termination and completion of agreements.

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.

Chapter 2. Procurement procedure 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

Paragraph 1. Qualification requirements to potential suppliers

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.

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).

7. The qualification requirement on experience of realization of similar works, services proves to be true according to paragraph 13 of these rules.

Paragraph 2. The price and not price criteria applied to the request of the potential supplier

8. In the tender documentation the price criterion – realization value of the turnkey project, based on the suggested price of the potential supplier is established.

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.

10. Procurements are conducted on electronic platform of purchases on the projects included in the list of the projects which are subject to realization within the National project according to Rules of planning, selection, approval of projects, monitoring of design process, construction and (or) operation in the field of the housing relations and housing and communal services within the national project on upgrade of energy and utility sectors, the approved order of the Minister of Industry and construction of the Republic of Kazakhstan of August 12, 2025 No. 297 (It is registered in the Register regulatory legal acts for No. 36606).

11. After inclusion of the project in the list of the projects which are subject to realization within the National project, the customer:

1) is created by qualification body according to paragraph 3 of these rules;

2) approves the tender documentation according to paragraph 4 of these rules;

3) based on the approved tender documentation is placed on electronic platform of purchases by the announcement of carrying out purchases according to paragraph 5 of these rules.

Paragraph 2-1. The restrictions 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.

Paragraph 3. Qualification body

12. For accomplishment of the procedure of holding prequalification the Customer creates qualification body.

13. The qualification body consists of the chairman and no more than four members, including the official of industry local executive body (not below the head of the structural unit or his deputy) the respective city or the area in which the project is implemented.

14. The chairman of qualification body determines the first head or the deputy first head of the customer into whose power work planning and management of activities of qualification body, and also implementation of other functions within holding prequalification is included.

15. The structure of qualification body affirms the decision of the customer on electronic platform of purchases.

16. Organizational activities of qualification body are provided with his secretary determined by the customer from among his officials. The secretary is not member of qualification body and has no right to vote in case of adoption of decisions by this body.

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.

18. Representatives of National chamber of entrepreneurs of the Republic of Kazakhstan in number of no more than two representatives take part in work of qualification body as observers on permanent basis.

Paragraph 4. Tender documentation

19. The tender documentation containing requirements to the bid, data on conditions and procedure for carrying out tender is created in the form of the electronic document in the Kazakh and Russian languages according to appendix 1 to these rules.

20. It is excluded according to the Order of the deputy. The Minister of Industry and construction of the Republic of Kazakhstan of 05.06.2026 No. 288

21. The tender documentation is created taking into account the ceiling price of project implementation and contains advancing conditions on design and exploration work, of no more than 5% of the cost of the agreement.

Paragraph 4-1. Procurement procedure by tender method

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

1) determination and statement of structure of qualification body, determination of the secretary of qualification body;

2) approval of the draft of the tender documentation;

3) placement on electronic platform of the announcement of tender implementation, and also the text of the draft of the tender documentation;

4) preliminary discussion by means of electronic platform of the draft of the tender documentation and placement on electronic platform of the protocol of preliminary discussion of the draft of the tender documentation, and also text of the tender documentation;

5) submission of bids by potential suppliers in electronic form, and their automatic registration on electronic platform;

6) automatic opening of requests;

7) consideration by qualification body by means of electronic platform of bids of potential suppliers regarding their compliance to qualification requirements and requirements of the tender documentation, and also lack of the restrictions provided by Paragraph 2-1 of these rules;

8) forming of the protocol of prequalification with determination by qualification body of work experience and admissible indicator of loading and placement on it on electronic platform;

9) automatic comparison by electronic platform of price and not price criteria of participants of tender, determination of the winner of tender, and also the potential supplier who took the second place, and placement on electronic platform of the protocol on results of purchases by tender method.

Paragraph 5. Announcement of carrying out purchases

22. The customer no later than 3 (three) working days from the date of approval of the draft of the tender documentation places on electronic platform the announcement of implementation of purchases by tender method, and also the draft of the tender documentation.

22-1. The term of final date of submission of bids by potential suppliers constitutes at least 10 (ten) working days from the date of completion of term on appeal of the protocol of preliminary discussion of the draft of the tender documentation.

22-2. The customer before the expiration of submission of bids by potential suppliers can make changes to the tender documentation on own initiative. In such cases the tender documentation is subject to preliminary discussion according to the procedure, determined by these rules.

22-3. In case of implementation of repeated purchases by tender method the customer at least in 3 (three) working days prior to final date of submission of bids places on electronic platform the text of the announcement of implementation of repeated purchases by tender method on condition of invariance of the tender documentation of cancelled tender, except for increases in term of a contract in connection with carrying out repeated purchases.

23. Specifying on trademarks, service marks, trade names, patents, useful models, industrial designs, the name of the place of goods origin and the name of the producer, and also other data and (or) documents which specify accessory of acquired goods, work, service to certain potential suppliers, except as specified is not allowed in the announcement of carrying out purchases by tender method:

1) acquisitions of works and services for fitting, retrofittings, unification or ensuring compatibility with available the equipment, and also for further technical maintenance, field service and repair, including planned repair (if necessary), the capital (installed) equipment;

2) purchases of goods in case of operation of technological installations according to license agreements.

24. The announcement of carrying out tender, in addition to the tender documentation, shall contain the request of the subject of natural monopolies according to the investment project, according to appendix 1 to the Rules of planning, selection, approval of projects, monitoring of design process, construction and (or) operation in the field of the housing relations and housing and communal services within the national project on upgrade of energy and utility sectors approved by the Order of the Minister of Industry and construction of the Republic of Kazakhstan of August 12, 2025 No. 297 (No. 36606) is registered in the Ministry of Justice of the Republic of Kazakhstan on August 12, 2025.

25. Open access to the announcement of carrying out purchases by tender method, and also to the tender documentation, is provided with the administrator on electronic platform of purchases.

Paragraph 5-1. Preliminary discussion of the draft of the tender documentation

25-1. The compulsory provision of approval of the tender documentation is preliminary discussion of the draft of the tender documentation by potential suppliers.

25-2. Notes to the draft of the tender documentation, and also inquiries are sent by potential suppliers by means of electronic platform for explanation of provisions of the tender documentation to the customer no later than 2 (two) working days from the date of placement of the announcement of implementation of purchases.

25-3. In the absence of notes to the draft of the tender documentation, and also requests on explanation of provisions of the tender documentation within 2 (two) working days from the date of placement of the announcement of implementation of purchases, the tender documentation is considered approved.

25-4. In the presence of notes, and also requests on explanation of provisions of the tender documentation the customer within 2 (two) working days from the date of the expiration of preliminary discussion of the tender documentation makes the following decisions:

1) make changes and (or) additions to the draft of the tender documentation;

2) is rejected by notes to the draft of the tender documentation with indication of reasons and the reasons of their variation;

3) make explanations of provisions of the tender documentation.

From the date of decision making, provided by subitems 2) and 3) this Item the tender documentation is considered approved.

25-5. The customer no later than 1 (one) working day from the date of approval of the tender documentation place on the web portal the protocol of preliminary discussion of the draft of the tender documentation in form according to appendix 2 to these rules.

The protocol of preliminary discussion of the tender documentation is placed in the working days in working hours (from 09:00 till 18:00 on time of the city of Astana). At the same time, order taking is performed the next working day (from 09:00 on time of the city of Astana) after the expiration on appeal of the protocol of preliminary discussion of the tender documentation.

25-6. In case of modification and (or) amendments of the draft of the tender documentation, according to the subitem 1) of Item 25-4 of these rules, the customer together with the protocol of preliminary discussion of the tender documentation places the approved text of the tender documentation, with the automatic notification of the potential suppliers who received the draft of the tender documentation.

25-7. The protocol of preliminary discussion of the draft of the tender documentation is signed by the first head of the customer or person fulfilling its duties.

25-8. In case of decision making about variation of notes to the draft of the tender documentation, according to the subitem 2) of Item 25-4 of these rules, detailed reasons for the reasons of their variation are specified in the protocol of preliminary discussion of the draft of the tender documentation.

25-9. In case of receipt of requests of potential suppliers about explanation of provisions of the tender documentation by means of electronic platform, customers specify explanations of provisions of the tender documentation in the protocol of preliminary discussion of the draft of the tender documentation.

25-10. The text of explanation of provisions of drafts of the technical specification (in the presence), the agreement and qualification requirements (in the presence) which are integral part of the tender documentation is reflected in the protocol of preliminary discussion of the draft of the tender documentation.

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