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 municipal 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 municipal 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 municipal 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 municipal 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 municipal 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 sphere 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 municipal 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 the established requirements to potential suppliers applied within the prequalification and to assessment of its compliance to requirements of the Customer;

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), 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), consortium, 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 sphere of the housing relations and housing and communal services of the national project on upgrade of energy and municipal 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 municipal sectors which procedure for functioning is determined by the Rules of functioning of electronic platform approved by authorized body in the sphere of the housing relations and housing and communal services.

18) loading indicator - the settlement indicator determining the relation of total volume of obligations of the potential supplier by current agreements on installation and construction works to average annual earnings of the potential supplier for the previous three complete financial years, used for assessment of admissible level of its production employment in case of execution of agreements.

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.

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 municipal sectors

Paragraph 1. Qualification requirements to preliminary selection of suppliers

5. When holding prequalification the following mandatory requirements are established:

1) to have legal capacity (for legal entities), civil capacity to act (for physical persons), including permissions (notifications) to accomplishment of installation and construction works and works on development of project (design estimates) according to the legislation of the Republic of Kazakhstan on permissions and notifications;

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 technologically difficult objects of the closed cycle) necessary for obligation fulfillment under the agreement on "turnkey" construction within implementation of the national project on upgrade of energy and municipal sectors, not provided with availability of permissions of the first or second category according to the legislation of the Republic of Kazakhstan on permissions and notifications;

5) experience of realization of similar works, services (this requirement can be established at the discretion of the customer. At the same time in case of availability of such requirement, requirements for the minimum quantity of the realized projects cannot be established in addition);

6) to have admissible indicator of loading according to paragraph 12 of these rules;

7) the potential supplier and (or) the subcontractor (collaborator), and (or) their head, and (or) founders (shareholders) attracted by him shall not be included in the list of the organizations and faces tied with financing of terrorism and extremism, or in the list of the organizations and faces tied with financing of distribution of weapons of mass destruction, according to the procedure, established by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing";

8) the potential supplier shall not be the legal entity whose place of registration is the state or the territory included in the approved authorized state body performing management in the sphere of ensuring receipts of taxes and other obligatory payments in the budget, the list of the states with the preferential taxation.

In case of the choice of project implementation at the expense of own means with further trust management of object, requirements of subitems of 3),4),6) of this Item are not applied.

6. Qualification requirements on experience (at least 1 similar object) are established in case of observance of following conditions:

1) purchase cost for works exceeds 250 000 monthly settlement indicators;

2) purchase cost for services exceeds 12 000 monthly settlement indicators;

3) works or services are bought for realization on technologically difficult objects of the closed cycle.

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 at the choice of the supplier 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 advancing, intermediate payments;

7) project implementation at the expense of own means with further trust management (it is applicable to technologically difficult objects of the closed cycle of municipal and energy appointment).

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, coordination of projects, monitoring of design process, construction and (or) operation in the sphere of the housing relations and housing and communal services within the national project on upgrade of energy and municipal 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 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 results of holding prequalification according to appendix 3 to these rules is made. At the same time this person does not take part 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. The tender documentation is coordinated by the Technical operator in time no more than three working days from the date of its representation by the customer, affirms the customer and is placed on electronic platform of purchases.

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 5. Announcement of carrying out purchases

22. For holding prequalification of potential suppliers the customer places the corresponding announcement which contains on electronic platform of purchases:

1) the name and the description of the purchased works, services;

2) tender documentation;

3) terms of the beginning and end of submission of bids by potential suppliers;

4) order taking term – 10 working days.

23. Specifying in the announcement of holding prequalification 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:

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, coordination of projects, monitoring of design process, construction and (or) operation in the sphere of the housing relations and housing and communal services within the national project on upgrade of energy and municipal 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 tender, prequalification and qualification requirements is provided with the administrator on electronic platform of purchases.

Paragraph 6. The bid and introduction of providing on participation in tender

26. The bid is signed by the digital signature and moves in form, according to appendix 2 to the tender documentation, by means of electronic platform of purchases. The bid is submitted before the expiration of final term of its representation specified in the announcement of carrying out tender and is form of expression of consent of the potential supplier with the requirements and conditions established by the tender documentation. Potential suppliers the submitted applications having the right to withdraw before the expiration of the final term of submission of requests. When signing the request by means of the digital signature the Potential supplier agrees to collection, processing and check of the personal data.

27. The bid submitted by the potential supplier who showed willingness to participate in tender contains the documents listed in the tender documentation according to appendix 1 to these rules and also confirmation of the potential supplier on lack of restrictions, stipulated in Item 35 these rules.

28. The bid and documents attached to it, shall be drawn up in the Kazakh or Russian languages at the choice of the potential supplier. If the document is processed in foreign language, together with the authentic document revision notarially certified translation into the Kazakh or Russian languages is provided it.

29. The documents attached to the bid shall be valid within 6 (six) months from the date of giving, except for documents which effective period in compliance the legislation of the Republic of Kazakhstan or international treaties ratified by the Republic of Kazakhstan cannot constitute six and more months, in such cases effective period is accepted less than 6 (six) months.

30. The documents attached to the request shall provide possibility of free reading the text, all details, dates, visas, resolutions, other texts, seals, stamps and marks. Documents are loaded in electronic form by means of electronic platform of purchases in the machine-readable format providing possibility of the automated check and visual reading of information. Admissible formats of electronic documents: PDF, DOC, DOCX, XLS, XLSX, PNG, JPG (JPEG).

31. The potential supplier bears responsibility for completeness, relevance and reliability of the data represented in the request and the documents attached to it.

32. In case of application for passing of prequalification, the potential nonresident supplier of the Republic of Kazakhstan submits the same documents, as residents of the Republic of Kazakhstan, or the documents containing similar data, acknowledged (certified) in the procedure established by the legislation of the Republic of Kazakhstan with notarially certified translation into the state and (or) Russian languages.

33. The bid is considered to the potential supplier accepted at the time of automatic sending by electronic platform of purchases of the adequate notice who submitted the bid.

34. From the moment of application and before signing of results of tender information on the number of the submitted applications, names of potential suppliers, and also any data allowing to identify participants are not available to other potential suppliers and are in the closed access.

35. The bid of the potential supplier is subject to variation electronic platform of purchases in the following cases:

1) the potential supplier earlier submits the application for participation in this tender;

2) the bid arrived on electronic platform of purchases after the expiration of final term of order taking for participation in this tender, except as specified emergence of technical failure as a result of which the request was not submitted timely;

3) the competitive price offer exceeds the amount allocated for acquisition of these works, services;

4) stipulated in Item 53 these rules;

5) the price proposal of the potential supplier of works and services as acknowledged dumping – the cost offered by the potential supplier is less declared in the tender documentation more than for 7%.

In exceptional cases, provided by the subitem 2) of this Item, the final term of order taking is prolonged by the administrator of electronic platform of purchases according to the procedure, provided by the Rules of functioning of electronic platform approved by authorized body in the sphere of the housing relations and housing and communal services.

36. Term for submission of requests is prolonged for five working days in the following cases:

1) if before the termination of term of submission of bids by potential suppliers any request did not arrive;

2) after variation of requests on the bases provided by subitems 1), 2), 3), 5) of Item 35 of these rules there were less than two requests.

37. After the termination of term, stipulated in Item 36 these rules, the potential supplier whose request is not rejected is allowed to participation in prequalification.

38. If, after the termination of term, stipulated in Item 36 these rules, any application is not submitted, tender is recognized cancelled.

39. For participation in tender by the potential supplier tender security as guarantee that it is brought:

Will not withdraw 1) or will not change documents after the expiration of final term of submission of price offers;

2) in case of determination by his winner of tender will sign the contract with the Customer in the terms established by the protocol on tender results according to appendix 4 to these rules and will bring ensuring agreement performance about purchases if conditions of the tender documentation provide introduction of such providing.

40. Tender security is brought by the potential supplier in the form of the electronic bank guarantee or money which are in e-wallet of the potential supplier. Making by the potential supplier of the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet is not allowed.

41. Use by the customer of the money which is in e-wallet is not allowed.

42. Tender security is brought in the amount of 1% of the amount specified for purchase of this tender.

The tender security amount on participation in tender estimated in tiyna is rounded. At the same time the amount less than fifty tiyn is rounded to zero, and the amount equal to fifty tiyna above, is rounded to one tenge.

43. The tender security brought by the potential supplier returns to the potential supplier within 10 working days from the date of approach of one of the following cases:

1) response this potential supplier of the price offer before the expiration of final term of opening of price offers;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info