of November 25, 2015 No. 725
About some questions of planning and projects implementation of public-private partnership
According to Item 8 of Article 154-3 and Article 230 of the Budget code of the Republic of Kazakhstan, with Article 15, with subitems 5), 6), 11), 11-1), 11-2) and 11-3) of Article 20 and part three of Item 2 of article 27 of the Law of the Republic of Kazakhstan "About public-private partnership" PRIKAZYVAYU:
1. Approve:
2) the Procedure for information support about the planned and implementable projects of public-private partnership, including by means of use of the web portal of public-private partnership and procedure for 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 2 to this order;
3) the Procedure for selection of projects of public-private partnership for provision or increase in amount of guarantees of the state according to appendix 3 to this order;
4) Criteria of reference of the project of public-private partnership to the project of public-private partnership of the special importance according to appendix 4 to this order;
5) the Approximate list of the risks arising at various stages of public-private partnership according to appendix 5 to this order;
6) Requirements to development or adjustment, and also conducting necessary examinations of the feasibility statement on projects of public-private partnership according to appendix 6 to this order;
7) the Technique of cost determination of creation and (or) reconstruction of object of public-private partnership, total cost of the state support and sources of cost recovery of subjects of public-private partnership according to appendix 7 to this order;
8) Technique of assessment of social and economic efficiency of projects of public-private partnership according to appendix 8 to this order;
9) the Technique of distribution and risks assessment of projects of public-private partnership according to appendix 9 to this order.
2. To provide to department of budget investments and development of public-private partnership in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Acting minister of national economy of the Republic of Kazakhstan
M. Kusainov
|
It is approved Minister of Finance of the Republic of Kazakhstan November 30, 2015 |
_________________ B. Sultanov |
Appendix 1
to the Order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 725
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) for the purpose of ensuring interaction of subjects of public-private partnership (further – PPP) on planning stages and projects implementation of PPP.
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 PPP, and also calculations of profits and losses with indication of sources of introduction data and assumptions. Predesigns are made in the Microsoft Office Excel format with the opening formulas, and are represented on the paper and electronic medium;
2) the private initiator – the potential private partner initiating the project of PPP according to the procedure, established by the Law and these rules;
3) commercial closing – the conclusion of the agreement of PPP according to the legislation of the Republic of Kazakhstan;
4) 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 PPP during the investment period, and availability of receipt of financing on them;
5) state partner – The Republic of Kazakhstan on behalf of which state bodies act public institutions, the state companies and limited liability partnerships, joint-stock companies, fifty and more percent of shares in the authorized capital or voting shares of which directly or indirectly belong to the state, signed the agreement of public-private partnership;
6) the web portal of PPP – the information and communication platform intended for centralized collection, processing, storage of electronic information resources in the field of PPP, determination of the private partner, monitoring of projects implementation of PPP, ensuring availability of information in the field of PPP;
7) 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 PPP.
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 PPP, including concessionary projects, carrying out advisory support of projects of PPP, including concessionary projects is performed according to the procedure, established by these rules.
4. Information support about the planned and implementable projects of PPP is performed by means of use of the web portal of PPP according to Procedure for information support about the planned and implementable projects of PPP, including by means of use of the web portal of PPP, and procedure for forming and the publication of the list of social and economic tasks for forming of offers on projects implementation of PPP, according to appendix 2 to this order.
5. Placement of information on the web portal of PPP for competitive procedures is performed by industry central state bodies on republican projects PPP or local industry state bodies on local projects of PPP.
For request of expression of interests about the planned project of PPP the Center of development of PPP based on the provided data from industry central state bodies on republican projects of PPP or local executive bodies of areas, cities of republican value and capital on local projects of PPP places information on the web portal of PPP.
6. The project of PPP is initiated by the central state bodies and (or) local executive bodies (the state initiative), or the potential private partner (private initiative).
7. In case of project planning of PPP separation of the periods of one project of PPP into several projects of PPP is not allowed.
Authorized persons provide integrated approach to forming of technical, finance, legal solutions on the project of PPP.
8. Projects implementation of PPP on the state initiative is enabled by determination of the private partner based on tender.
Projects implementation of PPP 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, except for provisions, stipulated in Item 82 and paragraph 7 of Rules.
9. Project planning of PPP within realization of the state initiative is performed based on the economic conclusion of authorized body on state planning on the investment offer of the state investment project on feasibility of project implementation of PPP.
Development or adjustment, conducting necessary examinations of the investment offer of the state investment project is performed according to the order of the Minister of national economy of the Republic of Kazakhstan of December 5, 2014 No. 129 "About approval of Rules of development or adjustment, conducting necessary examinations of the investment offer of the state investment project, and also planning, consideration, selection, monitoring and assessment of realization of budget investments" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 9938).
10. Project planning of PPP 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 PPP on the draft of the information sheet of the tender documentation developed by the potential private partner.
11. Project planning of PPP 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 PPP developed by the potential private partner.
12. The conclusion about need of project implementation of PPP on private initiative is accepted by the authorized person based on documents of System of state planning of the Republic of Kazakhstan, orders and (or) acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, and also taking into account priority and urgency of the project of PPP.
In case of determination of priority, urgency of the project of PPP authorized person:
takes into account to the recommendation of the Interdepartmental project team;
uses prioritization of projects of PPP;
analyzes the arrived initiatives of subjects of entrepreneurship on compliance to documents of System of state planning of the Republic of Kazakhstan, to orders or acts of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan (in case of receipt of these initiatives).
Within prioritization of projects of PPP degree of feasibility of project implementation of PPP is considered. First of all the projects of PPP providing basic requirements of the population are considered to realization.
If priority projects of PPP a little, degree of urgency of implementation of such projects is determined.
At this stage are determined preliminary cost and social efficiency of the project of PPP.
Projects of PPP are guided by value creation for the population for the long-term period, on investment attraction by the private partner, and also on operation of object of PPP by the private partner for the term of at least 5 (five) years depending on features of the project of PPP.
13. The positive conclusion about need of project implementation of PPP is the basis for transition to procedures for development of the tender documentation of the project of PPP.
14. On planning stage of the project of PPP for quality assurance of project management by authorized persons 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 PPP no later than 2 (two) working days from acceptance date of the relevant decision in time.
15. The interdepartmental project team performs the following functions:
studies offers and initiatives, on mechanisms of project implementation of PPP;
creates recommendations about selection, assessment, priority determination, method of implementation of the project of PPP, 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 PPP in form according to appendix 2 to these rules;
studies results of marketing and other researches on the planned project of PPP, the payment and materials necessary for development of the tender documentation under the project of PPP;
creates offers for inclusion in the tender documentation;
hears reports of persons involved in preparation of the project of PPP since stage of project planning of PPP to stage of the conclusion of the agreement of PPP;
makes offers on completion of the tender documentation of the project of PPP 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 PPP for the Interdepartmental project team are in the presence specified;
traces adherence to deadlines and the procedures provided by these rules.
16. Authorized persons and other interested persons according to article 26 of the Law attract the Center of development of PPP to training of specialists in the field of PPP, and also carrying out researches and development of recommendations about questions of PPP.
17. The financial and other organizations interested in financing of the project of the PPP having the right to participate in development and discussion of the tender documentation of the project of PPP, the draft agreement of PPP, including to make offers on the scheme of financing of the project of PPP, ensuring obligation fulfillment on the attracted loans, expected payments in cases of agreement cancelation of PPP and to other questions connected with financing of the project of PPP.
18. For the purpose of involvement of subjects of entrepreneurship to project planning of PPP, increase in transparency of planning process, placement by authorized persons of request of expression of interest about the planned project of PPP on the official Internet resource and on the web portal of PPP is allowed.
Placement on other Internet resources and in periodic printing editions is in addition allowed.
The request of expression of interest about the planned project of PPP contains contact information of the authorized person, key parameters and requirements of the project of PPP, and also final terms of submission of offers.
19. 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 PPP 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.
20. For the purpose of involvement of potential private partners to discussion of the project of PPP round tables, meetings, road-show (presentation), networking (participation in industry conferences and forums, exhibitions), investment marketing and other necessary actions can be held.
21. 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 PPP, 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.
22. Results of competitive dialogue on projects of PPP are drawn up by the protocol in form according to appendix 3 to these rules.
All participants of competitive dialogue observe confidentiality of information obtained during its carrying out.
23. Authorized persons develop the tender documentation taking into account results of competitive dialogue, results of work of the Interdepartmental project team, and also taking into account requirements of the Law.
24. The interested state bodies, experts and interested persons can be involved in discussion of the draft of the tender documentation or business plan.
25. Within development or adjustment of the tender documentation of projects of PPP, including concessionary projects, advisory support of projects of PPP, including concessionary projects, conducting the corresponding necessary examinations, except for economic examination is financed.
26. Financing and conducting examinations of the tender documentation of projects of PPP, including concessionary projects, advisory support of projects of PPP, including concessionary projects are performed at the expense of means of the distributed budget program of the central or local authorized body for state planning.
27. Means of the distributed budget program are subject to distribution within financial year between various 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 or local authorized body on state planning according to Article 154-4 of the Budget code of the Republic of Kazakhstan.
28. Process of financing of development or adjustment, and also conducting necessary examinations of the tender documentation of projects of PPP, including concessionary projects, advisory support of projects of PPP, including concessionary projects 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, and also conducting necessary examinations of the tender documentation of projects of PPP, including concessionary projects, advisory support of projects of PPP, including concessionary projects;
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 or local authorized body on state planning;
3) financing of development or adjustment, and also conducting necessary examinations of the tender documentation of projects of PPP, including concessionary projects, advisory support of projects of PPP, including concessionary projects.
29. Administrators of the budget programs submit requests for financing of development or adjustment, and also conducting necessary examinations of the tender documentation of projects of PPP, including concessionary projects, advisory support of projects of PPP, including concessionary projects, to the central or local authorized body on state planning.
30. The request for financing of development or adjustment, and also conducting necessary examinations of the tender documentation of projects of PPP, including concessionary projects includes the investment offer with appendix:
1) positive conclusion of industry examination;
2) draft of the specification on development or adjustment, and also conducting necessary examinations of the tender documentation of projects of PPP, including concessionary projects;
3) calculation of cost of development or adjustment, and also conducting necessary examinations of the tender documentation of projects of PPP, including concessionary projects.
The period of application of funds, allocated for development or adjustment of the tender documentation of projects of PPP, including concessionary projects, according to the distributed budget program of the central or local authorized body for state planning, can constitute more than one year, but no more than the term determined in the offer of the relevant budget commission.
31. The central authorized body on state planning based on the positive economic conclusion on the investment offer, and taking into account the limits of the state obligations of projects of PPP, including the state concessionary obligations of the Government of the Republic of Kazakhstan set by the law on the republican budget, creates the conclusions on development or adjustment of the tender documentation of projects of PPP, including concessionary projects, and also conducting necessary examinations, and submits for consideration of the republican budget commission.
32. The local authorized body on state planning based on the positive economic conclusion on the investment offer and taking into account the limits of the state obligations of projects of PPP, including the state concessionary obligations of local executive bodies of areas, the cities of republican value and the capital set by authorized body on state planning, creates the conclusions on development or adjustment of the tender documentation of projects of PPP, including concessionary projects, and also conducting necessary examinations, and submits for consideration of the relevant budget commission.
33. On projects of PPP, including on the concessionary projects approved by the budget commissions, containing in the investment offer, the central 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 or local authorized body on state planning.
34. The list of services in advisory maintenance which is performed at the expense of means of the appropriate distributed budget program of the central or local authorized body on state planning containing the name and the amount of financing on each project of PPP, including the concessionary project, affirms the central authorized body on state planning 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.
35. 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 PPP, including concessionary projects to the central or local authorized body on state planning.
36. The request for financing of services in advisory support of projects of PPP, including concessionary projects contains the following main data:
1) name of the project of PPP, including concessionary project;
2) information on the administrator of the budget programs;
3) types of service and their declared cost.
37. 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;
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.
38. The central authorized body on state planning introduces the request for rendering services in advisory support of projects of PPP, including concessionary projects 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 PPP, including concessionary projects for consideration of the budget commission.
On the amounts of financing of services in advisory support of each project of PPP, including the concessionary project approved by the budget commissions, the central or local authorized body on state planning create the list of services in advisory support of projects of PPP, including concessionary projects which is performed at the expense of means of the appropriate distributed budget program of the central or local authorized body on state planning.
39. The relevant budget commission on results of consideration determines the list of services in advisory support of projects of PPP, including concessionary projects which is performed at the expense of means of the appropriate distributed budget program of the central or local authorized body on state planning, and also types and the amounts of financing on each project.
40. The list of services in advisory support of projects of PPP, including concessionary projects, contains the name and the amount of financing on each project.
41. 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.
42. 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, and also conducting necessary examinations of the tender documentation of projects of PPP, including the concessionary projects including development or adjustment of the feasibility statement (further – the feasibility study) projects of PPP, including concessionary projects which are integral part of the tender documentation of the project of PPP, including the concessionary project, advisory support of projects of PPP, including concessionary projects, administrators of the budget programs provide return of unused part of the allocated budgetary funds before the last refining of the relevant budget.
43. Return of the unused or partially used budgetary funds is performed by recovery of the appropriate budget programs of the central 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 state planning 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 state planning 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.
44. Return by the administrator of the budget program of unused part of the allocated budgetary funds to the relevant authorized body on state planning after refining of the relevant budget in the second half of the year, 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, and also conducting necessary examinations of the tender documentation of projects of PPP, including concessionary projects, advisory support of projects of PPP, including concessionary projects is not allowed.
45. 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 or local authorized body on state planning provide development or adjustment, and also conducting necessary examinations of the tender documentation of projects of PPP, including the concessionary projects including development or adjustment of the feasibility study for projects of PPP, including the concessionary projects which are integral part of the tender documentation of the project of PPP, including the concessionary project, advisory support of projects of PPP, including concessionary projects.
46. Financing of development or adjustment, and also conducting necessary examinations of the tender documentation of projects of PPP, including concessionary projects, advisory support of projects of PPP, including concessionary projects, is performed according to the procedure, established by the budget legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan in the field of public-private partnership and about concessions.
47. Obligations of the supplier according to the development agreement or adjustment, and also conducting necessary examinations of the tender documentation of projects of PPP, including the concessionary projects including development or adjustment of the feasibility study for projects of PPP, including the concessionary projects which are integral part of the tender documentation of the project of PPP, including the concessionary project, advisory support of projects of PPP, including concessionary projects join the requirement about obligatory completion of the tender documentation of projects of PPP, including concessionary projects, services in advisory support of projects of PPP, including concessionary projects, 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.
48. Administrators of the budget programs represent to the central or local authorized body on state planning information on the course of implementation of actions on development or adjustment of the tender documentation of projects of PPP, including concessionary projects, to advisory support of projects of PPP, including concessionary projects quarterly to 10 (tenth) following reporting quarter.
49. The state body developer of the tender documentation after receipt of the economic conclusion on the investment offer of the state investment project on feasibility of project implementation of PPP introduces in authorized body on state planning the request with appendix of the investment offer, the conclusions for it and other corresponding examinations, for further pronouncement at consideration of the relevant budget commission of question of development or adjustment of the tender documentation (in case of involvement of legal entities on support of projects of PPP) at the expense of means of the appropriate distributed budget program of the central or local authorized body on state planning.
50. On the projects of PPP approved by the relevant budget commissions, containing in investment offers, the central or local authorized body on state planning is created by the list of projects of PPP, development or adjustment, and also conducting necessary examinations of competitive (auction) documentation of which are performed at the expense of means of the appropriate distributed budget program of the central or local authorized body on state planning.
51. Based on the economic conclusions on investment offers and according to the conclusions of the budget commissions development or adjustment of competitive project documentations of the PPP including development or adjustment of the feasibility study for projects of the PPP (in case of need) which are integral part of the tender documentation of the project of PPP is performed.
52. The tender documentation, including when entering into it of corresponding changes and (or) amendments (further – the tender documentation), is developed in the Kazakh and (or) Russian languages, taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets, according to the procedure, established by the Law and these rules, in other languages taking into account specifics of the project of PPP.
53. 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 PPP:
name of the project;
name of the organizer of tender;
short description of object of PPP;
place of project implementation;
summary of the institutional 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 PPP, 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 PPP;
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 Information leaf containing the project description of PPP, developed on structure according to appendix 4 to these rules;
4) Draft agreement of PPP.
54. The draft of the information sheet of the tender documentation in case of private initiative is developed by the potential private partner in structure according to appendix 4 to these rules and 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 PPP.
55. The statement for private initiative of project implementation of PPP with appendix of the draft of the information sheet of the tender documentation, goes the potential private partner to the authorized person which no later than 15 working days from the date of receipt directs applications to the applicant the conclusion about need of project implementation of PPP according to Item 12 of these rules.
Correctness of creation of the statement, including regarding determination of the authorized person to which the application for private initiative of project implementation of PPP is directed, it is provided with the potential private partner.
56. In case of identification of shortcomings or incomplete information, in time, established by part one of Item 55 of 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.
57. In case of the positive conclusion about need of project implementation of PPP, the private partner in time no later than 10 working days from the date of receipt of such conclusion sends to the authorized person the draft agreement of PPP developed according to information leaf.
The authorized person develops based on the draft of the information sheet and the draft agreement of the PPP developed by the private initiator, the draft of the tender documentation according to Item 53 of these rules and sends for further approval and examinations according to the procedure, provided by these rules.
58. The tender documentation certified by means of the digital signature of the first head of the organizer of tender, either his face replacement, or persons authorized by it, 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 PPP.
Industry expertize of the tender documentation is carried out by industry central state bodies on republican projects PPP or local industry state bodies on local projects of PPP within 10 (ten) working days from the moment of introduction. The industry conclusion by results of examination is drawn up in form according to appendix 5 to these rules and is placed on the web portal of PPP.
Local industry state bodies send to the central state bodies of the corresponding industry the copy of the industry conclusion on local projects of PPP which cost over four-million monthly settlement indicator, for data.
In case of recognition of the project of PPP on feasibility, realization terms, amounts, cost and the mechanism of realization, achievement of final and direct project deliverables of PPP, the positive industry conclusion, otherwise - the negative industry conclusion is prepared.
The tender documentation in case of introduction in it of changes and (or) amendments is subject to the direction for industry examination.
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 PPP.
On projects of PPP in the sphere of informatization assessment of the technology, technical solutions provided in the tender documentation including graphics of realization, is carried out on compliance to requirements of the Law of the Republic of Kazakhstan "About informatization".
On projects of PPP in the sphere of architectural, town-planning and construction activities assessment of the technology, technical solutions provided in the tender documentation including graphics of realization, is carried out on compliance to requirements of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan".
If the project of PPP 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.
59. In case of belonging of the project of PPP 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 spheres of natural monopolies;
2) compliance of the tender documentation to economic, financial, technical and other parameters of tariff setting in the feasibility study and (or) the design estimates (further – the design and estimate documentation) the project of PPP in case of its availability;
3) coordination of the list of the documents connected with tariff setting of the project of the PPP 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 PPP regarding the provisions and appendices included in the agreement of the PPP connected with tariff setting of the project of PPP;
6) in case of upgrade or reconstruction of the operating objects of PPP – 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, the developed and implemented within project implementation PPP;
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);
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