Article 15-2. Development or correction, as well as carrying out the necessary examinations of competitive (auction) documentation of concession projects of the Law On Concessions - Excluded by the Law of the Republic of Kazakhstan | Kyrgyz Republic / TURKMENISTAN alynyp tastaldy.

     1. For concession projects approved by budget commissions, according to economic conclusions on investment proposals, the development or adjustment of competitive (auction) documentation of concession projects is carried out.

     2. For projects that have developed design estimates, as well as those that are technically uncomplicated, implemented on the basis of standard projects, standard design solutions and reuse projects, the development of a feasibility study is not required.

     The binding of the available design and estimate documentation to a specific site of the concession facility is carried out by the organizer of the tender (auction) as part of the development or adjustment of the tender (auction) documentation or by the concessionaire, taking into account the marketing and financial and economic parameters of the concession project in accordance with the terms of the tender (auction) documentation.

     3. The development of a feasibility study for a concession project for projects that are technically complex and (or) unique is carried out by a potential concessionaire in the case of a tender (auction) at the concessionaire's choice using two-stage procedures, or by an authorized body of the relevant industry or a local executive body in the case of a tender (auction) at the concessionaire's choice without using two-stage procedures.

     4. The feasibility study contains the results of studying the feasibility and effectiveness of a concession project based on an economic analysis of benefits and costs.

     In case of changes in the established technical and economic parameters of the concession project, entailing changes in technical solutions and additional costs, the authorized state body of the relevant industry and local executive bodies shall adjust the feasibility study, followed by the necessary examinations in accordance with the legislation of the Republic of Kazakhstan.

     5. After carrying out the necessary examinations of the developed or adjusted tender (auction) documentation of the concession project, the authorized state body of the relevant industry sends it to the authorized state planning body for examination, except for the cases specified in subparagraph 3-2) of Article 13 of this Law.

     6. The authorized state planning body shall engage a specialized organization on concession issues to conduct an expert examination of the developed or adjusted tender (auction) documentation of the concession project, with the exception of the cases established by subparagraph 3-2) of Article 13 of this Law.

     7. The specialized organization on concession issues and the legal entities specified in subparagraph 3-2) of Article 13 of this Law are responsible in accordance with the laws of the Republic of Kazakhstan for the quality of expertise of the proposed solutions for the implementation of the concession project.

     8. The authorized state planning body shall forward the expert opinion specified in paragraph 6 of this article to the authorized state body of the relevant industry, if the project is republican, as well as to the local executive bodies of regions, cities of republican significance, and the capital, if the project is local.

     9. The authorized body for budget planning, based on an application from the authorized state body of the relevant industry, agreed with the authorized body for budget execution, and a positive expert opinion specified in paragraph 6 of this article, containing recommendations on the possibility of accepting state concession obligations, forms conclusions on competitive (auction) documentation of concession projects and submits them for consideration by the Republican Budget Commission. commissions.

     10. The local authorized body for state planning, based on the positive expert opinion specified in paragraph 6 of this article, containing recommendations on the possibility of accepting state concession obligations, forms conclusions on the tender (auction) documentation of concession projects and submits them for consideration by the relevant budget commission.

     11. The expert opinions of the developed or adjusted tender (auction) documentation of the concession project, for which no concession agreement has been concluded within three years after its approval, are considered invalid.

The Law of the Republic of Kazakhstan dated July 7, 2006 No. 167.

     This Law defines the legal conditions of the concession, the types of state support for the concessionaire, and regulates public relations arising in the process of concluding, executing, and terminating concession agreements.

President    

Republic of Kazakhstan     

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