On signing an Agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on a grant for the project "Improving Energy Efficiency in Kazakhstan"
Decree of the President of the Republic of Kazakhstan dated June 11, 2014 No. 836
In accordance with article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan"
I DECREE:
1. To approve the attached draft Agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on a grant for the project "Improving Energy Efficiency in Kazakhstan".
2. Authorize Asset Orentaevich Issekeshev, Deputy Prime Minister of the Republic of Kazakhstan and Minister of Industry and New Technologies of the Republic of Kazakhstan, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on a grant for the project "Improving Energy Efficiency in Kazakhstan", authorizing amendments and additions that are not fundamental.
3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan N.Nazarbayev
APPROVED
By Decree of the President of the Republic of Kazakhstan
Dated June 11, 2014 No. 836
agreement
between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on a grant for the project "Improving Energy Efficiency in Kazakhstan"
Grant No. Provided by the Age Fund ____________
AGREEMENT from ____________ 2014 year
concluded between: the REPUBLIC OF KAZAKHSTAN (hereinafter referred to as the Recipient) and the INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT (hereinafter referred to as the World Bank), acting as the administrator of the Trust Fund of one donor for the Energy Efficiency and Youth Development Program (hereinafter referred to as the Trust Fund). The Recipient and the World Bank have hereby agreed as follows:
Article I Standard conditions; Definitions
1.01. The Standard Terms and Conditions for Grants allocated by the World Bank from Various Funds dated February 15, 2012 (hereinafter referred to as the Standard Terms and Conditions) are an integral part of this Agreement. 1.02. Unless otherwise provided by the context, the terms used in this Agreement and capitalized have the meanings assigned to them based on the Standard Terms or this Agreement.
Article Iiproject
2.01. The Recipient declares his commitment to the project objectives presented in the Appendix 1 to this Agreement (hereinafter referred to as the Draft). In this regard, the Recipient ensures the implementation of the Project by the Joint—Stock Company Institute for the Development of Electric Power and Energy Conservation (Kazakhenergoexpertiza) (hereinafter referred to as the Project's Executive Agency) in accordance with the provisions of Article II of the Standard Terms and Conditions and an Agreement dated on the same date as this Agreement between the World Bank and the Project's Executive Agency (hereinafter referred to as the Project Agreement), subject to possible amendments from time to time. 2.02. Without limitation of provisions Section 2.01 of this Agreement and, except in other cases agreed between the Recipient and the World Bank, the Recipient shall ensure the implementation of the Project in accordance with the provisions of Appendices 2 to this Agreement.
Article IIIGrant
3.01. The World Bank agrees to allocate to the Recipient, in the manner and under the conditions set forth or mentioned in this Agreement, a grant in the amount of twenty-one million seven hundred and sixty-three thousand US dollars ($21,763,000) (hereinafter referred to as the grant) to assist in financing the Project. 3.02. The Recipient may withdraw the grant funds in accordance with Section IV of Annex 2 to this Agreement. 3.03. The grant is financed from the funds of the Trust Fund, for which the World Bank receives periodic contributions from the donor of the Trust Fund. In accordance with Section 3.02 of the Standard Terms, the payment obligations of the World Bank in connection with this Agreement are limited to the amount of funds allocated to the World Bank by the donor within the framework of the Trust Fund, and the Recipient's right to withdraw grant funds depends on the availability of these funds.
Article IV Supplementary remedies
4.01. Additional cases of suspension of this Agreement, as specified in Section 4.02. (k) of the Standard Terms, are presented below: (a) The Recipient has taken or received permission to take any action that prevents or prevents the Project's Executive Agency from fulfilling its obligations under the Project Agreement. (b) The Project's Implementing Agency has not fulfilled any of its obligations under the Project Agreement. (c) The World Bank has declared the Project's Executive Agency ineligible to receive funds funded by the World Bank or otherwise participate in the preparation or implementation of any project funded in whole or in part by the World Bank (including as administrator of funds provided by another funding organization), as a result of: (i) the establishment by the World Bank of The Bank of Facts of involvement of the Executive Agency of the Project in fraudulent, corrupt, violent practices, as well as practices of secret agreements regarding the use of funds, received as a result of financing from the World Bank, and/or (ii) a statement made by another funding organization stating that the Project's Executive Agency is not eligible to receive funds funded by that organization or otherwise participate in the preparation or implementation of any project fully or partially funded by that funding organization, as a result of the identification investigation of the facts of involvement of the Executive Agency of the Project in fraudulent, corrupt, violent practices, as well as practices of secret agreements in connection with the use of funds, provided by this financing organization. (d) As a result of events that have occurred since the signing of this Agreement, an emergency situation has arisen that makes it unlikely that the Project's Executive Agency will fulfill its obligations under the Project Agreement. (e) The founding Documents of the Project Executive Agency, according to which it was established and operates, have been changed, cancelled, invalidated or suspended, which may significantly and negatively affect the ability of the Project Executive Agency to fulfill its obligations under the Project Agreement. (f) After the effective date of the Agreement referred to in Section 5.03. The World Bank has determined that before this date, but after the date of signing this Agreement, an event occurred that would give the World Bank the right to suspend the Recipient's right to withdraw funds from the grant account if this Agreement entered into force on the date when such an event occurred.
Article V Entry into force; Termination of the Agreement
5.01. This Agreement will not enter into force until the World Bank has been provided with documentary evidence satisfying the requirements of the World Bank that the following conditions have been met. (a) The conclusion and execution of this Agreement on behalf of the Recipient and the Project Agreement on behalf of the Project Executive Agency are duly authorized or ratified through the necessary domestic procedures and corporate actions. (b) If, at the request of the World Bank, the status of the Project's Executive Agency, as presented or guaranteed to the World Bank on the date of the conclusion of the Project Agreement, has not undergone any significant negative changes since that date. (c) The Supplementary Agreement referred to in Section I.D of Annex 2 to this Agreement was signed on behalf of the Recipient and the Project's Executive Agency. (d) Recipient with the assistance of the Ministry of Industry and New Technologies of the Republic of Kazakhstan (hereinafter - MINT) Approved and secured the approval of the Project's Operational Guidance by the Project's Executive Agency in a form acceptable to the World Bank in accordance with Section I.B of Annex 2 to this Agreement. (e) The Recipient has established a Project Management Committee, defined the working procedure and functions of the Committee, as well as authorized representatives meeting the requirements of the World Bank, in accordance with Section I.A.2 of Annex 2 to this Agreement. (f) The Recipient has ensured that the Project's Executive Agency has established a Project Implementation Team with developed technical specifications, staffed and resourced to meet the requirements of the World Bank, in accordance with Section I.A.3 of Annex 2 to this Agreement. 5.02. As part of the certificates that must be submitted in accordance with Section 5.01. (a) The World Bank is provided with an opinion or legal expert opinion acceptable to the World Bank to the satisfaction of the World Bank, or, if so requested by the World Bank, a confirmation to the satisfaction of the World Bank from a competent official of the Recipient, attesting to the following: (a) on behalf of the Recipient that this Agreement has been duly authorized through the necessary domestic procedures; or ratified, It is also signed and executed on behalf of the Recipient and is legally binding for him in accordance with the terms of this Agreement. (b) on behalf of the Project Executive Agency, that the Project Agreement has been duly authorized or ratified, as well as signed and executed on behalf of the Project Executive Agency and is legally binding on it in accordance with the terms of the Project Agreement. (c) The Supplementary Agreement referred to in Section I.D of Annex 2 to this Agreement is duly authorized or ratified by the Recipient and the Executive Agency of the Project and is legally binding on each of the parties in accordance with the terms of the Supplementary Agreement. 5.03. Unless otherwise agreed between the Recipient and the World Bank, this Agreement shall enter into force on the date on which the World Bank sends to the Recipient a notification of acceptance by the World Bank of the documentary evidence to be provided in accordance with Section 5.01. (hereinafter referred to as the effective date). If an event occurs prior to the effective date that authorizes the World Bank to suspend the Recipient's right to withdraw funds from the Grant Account, the World Bank may delay sending the notification referred to in this Section until such event(s) has concluded.
Article VI Recipient's representative; Legal addresses
6.01. The representative of the Recipient mentioned in Section 7.02 of the Standard Conditions is MINT. 6.02. The Recipient's legal address, mentioned in Section 7.01. of the Standard Conditions:
Ministry of Industry and New Technologies of the Republic of Kazakhstan Pr. Kabanbai Batyr 32/1 Astana 010000 Republic of Kazakhstan
Fax:+7-7172-24-12-31
6.03. The World Bank's registered office, which is referenced in Section 7.01 of the Standard Terms and Conditions:
International Bank for Reconstruction and Development 1818 H Street, N.W. Washington, D.C. 20433 United States of America
The Telegraph: Telex: Fax: INDEVAS 248423 (MCI) or 1-202-477-6391 Washington, D.C. 64145 (MCI)
AGREED _____________, ______________, for the day and year of the initial compilation.
REPUBLIC OF KAZAKHSTAN
___________________________________Authorized Representative of F.I.O..: ___________________________ Position: ________________________
The INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT (acting as the administrator of a single donor's Trust Fund for energy efficiency programs and Youth Association Development)
___________________________________Authorized Representative of F.I.O..: ___________________________ Position: ________________________
APPENDIX 1 to the Agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on a grant for the project "Improving Energy Efficiency in Kazakhstan"
Project Description
The objectives of the Project are to improve: (i) the energy efficiency of public and socially significant facilities and (ii) an enabling environment for sustainable energy financing. The project includes the following components: Part 1: Preparation and implementation of demonstration subprojects in government and socially significant facilities Implementation of eligible subprojects to reduce energy consumption in public buildings in accordance with the criteria set out in the Operational Guidelines for the Project. Part 2: Technical assistance to the Recipient and the Executive Agency of the Project (a) Strengthening the capacity of the MINT and the Executive Agency of the Project for coordination, implementation, monitoring, evaluation and management. (b) Conducting technical research in the field of energy efficiency. (c) Conducting awareness-raising and information campaigns related to subprojects funded under Part 1 of the Project. (d) Development of legal, institutional and regulatory documents to support the creation of sustainable energy financing mechanisms. (e) Develop detailed financing mechanisms and economically sound financing schemes for energy efficiency investments, including the creation of a list of energy efficiency investment projects ready for financing.
APPENDIX 2 to the Agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on a grant for the project "Improving Energy Efficiency in Kazakhstan"
Section I. Institutional and other mechanisms
A. Institutional arrangements
1. The MINT, on behalf of the Recipient, ensures the overall coordination and control of Project activities throughout the entire Project implementation period. 2. The Recipient undertakes to ensure the functioning of the Project Management Committee, headed by MINT and representatives of MINT, the Project Executive Agency and representatives of other ministries on the part of the Recipient, with operational procedures and functions that meet the requirements of the World Bank, and which are detailed in the Operational Manual for the Project, and which should be responsible for the strategic management of the Project in accordance with the national policies and strategies, and monitoring progress towards achieving Project objectives. 3. The Recipient ensures that the Project's Executive Agency establishes and operates a Project Implementation Group throughout the entire Project implementation period with developed technical specifications, staffed and resourced to meet the requirements of the World Bank, which is responsible for daily execution, financial management, procurement, monitoring and evaluation of Project activities. The Team should include, among others, a project manager, a financial management specialist, a procurement specialist, and an environmental specialist.
B. Operational guidance for the Project
The Recipient undertakes to ensure that the Project is executed by the Project's Executive Agency in accordance with the provisions of the World Bank-compliant guidelines (hereinafter referred to as the Project Operational Guidelines), which, among other things, should include the following: (a) implementation mechanisms, procurement procedures, and aspects of financial management of the Project; (b) operational and administrative procedures (c) criteria and procedural requirements for the selection, evaluation, implementation and control of subprojects; (d) the procedural requirements for the implementation of Environmental Management Plans for the execution of subprojects in accordance with the Environmental Management Framework Document; (e) the monitoring, evaluation, management and reporting mechanisms for the implementation of the Project; and (f) the operational procedures and functions of the Project Management Committee. 3. In the event of a conflict between the terms of the Operational Guidelines for the Project and the terms of this Agreement, the terms of this Agreement shall prevail.
C. Anti-corruption measures
The Recipient undertakes to ensure the implementation of the Project in accordance with the provisions of the "Guidelines for the Prevention and Suppression of Fraud and Corruption in the implementation of projects Financed by IBRD Loans and MAP Loans and Grants" dated October 15, 2006 and the updated version of the document in January 2011 ("Anti-Corruption Guidelines").
D. Additional agreement
1. To facilitate the implementation of the Project, the Recipient undertakes to provide the grant funds to the Project's Executive Agency under an Additional Agreement concluded between the Recipient and the Project's Executive Agency on terms that meet the requirements of the World Bank. 2. The Recipient undertakes to exercise his rights and fulfill his obligations in accordance with the Supplementary Agreement in such a way that the interests of the Recipient and the World Bank are protected and the objectives of the grant are achieved. Except in cases where otherwise agreed with the World Bank, the Recipient has no right to assign, modify, cancel, withdraw from or fail to comply with the Supplementary Agreement or any of its provisions. 3. In the event of a conflict between the terms of the Supplementary Agreement and the terms of this Agreement, the provisions of this Agreement shall prevail.
E. Subprojects
1. For the execution of Part 1 of the Project and prior to the implementation of any subprojects in any region, the Recipient, through the MINT, signs a memorandum of understanding with the relevant region (hereinafter referred to as the MOB) in order to take all necessary administrative measures with the specified region that meet the requirements of the World Bank to ensure appropriate support for the region during the implementation of these subprojects. 2. For the execution of Part 1 of the Project and prior to the implementation of any subprojects in any region, the Recipient ensures that the Selected Administrative Unit signs a Subproject Agreement with the Project's Executive Agency and the relevant eligible beneficiary meeting the requirements of the World Bank to ensure the commitment of the Selected Administrative Unit to provide support during the implementation of the above-mentioned subprojects. 3. To implement Part 1 of the Project, the Recipient ensures that the Project's Executive Agency performs the following: (a) selects, evaluates, and approves subprojects in accordance with criteria and procedures that meet the requirements of the World Bank and are detailed in the Project Operations Manual. (b) procurement of goods, works, consulting and non-consulting services necessary for the implementation of the relevant subproject. (c) the proper and effective implementation of the relevant subproject in accordance with duly developed technical, economic, financial, managerial, environmental and social standards and practices that meet the requirements of the World Bank. (d) the implementation of the relevant subproject in accordance with the applicable provisions of the Subproject Agreement, the Operational Guidelines for the Project, the Environmental Management Framework Document and the Anti-Corruption Guidelines. (e) concluding a Subproject Agreement with the relevant eligible beneficiary and the relevant Selected Administrative Unit on terms satisfactory to the World Bank. (f) obtaining rights to adequately protect their interests and those of the Recipient and the World Bank, including, but not limited to, the requirement for each eligible beneficiary: (A) authorize the Recipient, the Project Executive Agency, and the World Bank to review the relevant subprojects, their implementation, and related documentation, and (C) prepare and submit to the Recipient, the Project Executive Agency, and the World Bank all information that the Recipient, the Project Executive Agency, or the World Bank may reasonably require in connection with the above. 4. In the event of a conflict between the terms of the Subproject Agreement and the terms of this Agreement, the terms of this Agreement shall prevail.
F. Ensuring compliance with security policy measures
1. The Recipient shall ensure the execution of the Project by the Project's Executive Agency in accordance with the Environmental Management Framework Document, and the Project's Executive Agency may not assign, modify, cancel, cancel or derogate from any provision of the Environmental Management Framework Document without the prior written consent of the World Bank. 2. The Recipient ensures that guarantees are provided by the Project's Executive Agency that all measures necessary to monitor compliance with the provisions of the Environmental Management Framework Document and the Environmental Management Plan are being taken in a timely manner. 3. The Recipient ensures that the Project's Executive Agency guarantees that an Environmental Management Plan that complies with the provisions of the Environmental Management Framework Document and the requirements of the World Bank has been properly prepared and submitted prior to the start of any work under the subproject, for which the submission of such a Plan is mandatory.
Section II Monitoring, reporting and evaluation of Project activities
A. Project Progress Report; Project Completion Report
1. The Recipient monitors and evaluates the progress of the Project and prepares a Project Implementation Report in accordance with the provisions of Section 2.06 of the Standard Terms and Conditions and based on indicators that meet the requirements of the World Bank. Each Project Implementation Report covers a period of one calendar semester and is submitted to the World Bank no later than forty-five days after the end of the period covered by the Report. 2. The Recipient draws up a Report on the completion of the Project in accordance with the provisions of Section 2.06. of the Standard Conditions. The Project completion Report is submitted to the World Bank no later than six months after the completion date of the project.
B. Financial management; Financial reports; Audits
1. The Recipient shall ensure that the Project's Executive Agency establishes a financial management system for the Project that meets the requirements of the World Bank, in accordance with the provisions of Section 2.07 of the Standard Terms. 2. The Recipient undertakes to ensure that quarterly interim unaudited financial reports on the Project are prepared and submitted to the World Bank no later than forty-five days after the end of each calendar quarter in a form and content that meets the requirements of the World Bank. 3. The Recipient will arrange for an audit of the financial statements of the Project in accordance with the provisions of Section 2.07.(b) of the Standard Terms. Each audit of the financial statements covers the period of one financial year of the Recipient. The financial statements that have been audited for each period are submitted to the World Bank no later than six months after the end of the audited period.
Section III. Making purchases
A. General provisions
1. Guidelines for procurement and consulting services. All goods, works, non-consulting and consulting services required for the implementation of the Project and funded by the grant are procured in accordance with the requirements set out or mentioned in: (a) Section I "Guidelines for the Procurement of Goods, Works and Non-consulting Services by World Bank Borrowers under IBRD Loans and MAP Loans and Grants", published in January 2011 (hereinafter — Procurement Guidelines) for goods, works and non-consulting services, and Sections I and IV of the "Guidelines for the Selection and Hiring of Consultants by World Bank Borrowers for IBRD Loans and MAP Loans and Grants", issued in January 2011 (hereinafter referred to as the Guidelines for the Selection and Hiring of Consultants), for the services of consultants; and also (b) in the provisions of this Section III is also detailed in the Procurement Plan. 2. Definitions. The capitalized terms used in this Section below to describe specific procurement methods or the World Bank's review of individual contracts refer to the relevant method set out in Sections II and III of the Procurement Manual or in Sections II, III, IV and V of the Consultant Selection and Recruitment Manual, depending on the available case.
B. Certain methods of purchasing goods, works, and non-consulting services
1. International competitive bidding. Unless otherwise provided in paragraph 2 below, the purchase of goods, works and non-consulting services is carried out on the basis of contracts awarded as a result of International Competitive Bidding. 2. Other methods of purchasing goods, works, and non-consulting services. In addition to international competitive bidding for the purchase of goods, works and non-consulting services under the contracts specified in the Procurement Plan, such methods may be used as: (a) national competitive bidding, taking into account the additional provisions set out in the Appendix to Annex 2 of this Agreement, (b) the purchase of goods, and (c) the conclusion of direct contracts.
C. Certain methods of purchasing consulting services
1. Selection based on the ratio of price and quality. Unless otherwise provided in paragraph 2 below, the procurement of consulting services is carried out within the framework of contracts awarded based on selection for quality and cost. 2. Other methods of purchasing consulting services. In addition to quality and cost selection, methods such as (a) quality selection, (b) lowest cost selection, (c) fixed budget selection, (d) consultant-based selection may be used to purchase consulting services within the scope of the assignments specified in the Procurement Plan, (e) selection from a single source, and (f) selection of individual consultants.
D. World Bank Review of Procurement Solutions
The procurement plan defines those contracts that are subject to preliminary review by the World Bank. All other contracts are subject to subsequent review by the World Bank.
Section IV. Withdrawal of grant funds
But. General provisions
1. The Recipient may withdraw grant funds in accordance with the provisions of: (a) Article III of the Standard Terms and Conditions, (b) this section, and (c) additional instructions that the World Bank may specify in the notification to the Recipient (including the "World Bank Guidelines for Providing Funds for Projects" issued in May 2006 as amended from time to time by the World Bank and applied under this Agreement in accordance with such instructions), to finance eligible expenses, which are presented in the table in paragraph 2 below. 2. The table below shows the categories of eligible expenses that can be funded from the grant (hereinafter referred to as the Category), the distribution of grant amounts for each Category, as well as the percentage of expenses funded under eligible expenses in each Category.:
Download
Category
The amount allocated from the grant (USD)
Percentage of funded expenses (including taxes)
(1) Goods, works, non-consulting services, consulting services within the framework of the implementation of the subprojects of Part 1 of the Project
17 700 000
100 %
(2) Goods, works, non-consulting services, consulting services, training and operating expenses within the framework of the execution of Part 2 of the Project
4 063 000
100 %
Total amount
21 763 000
(a) The term "operating expenses" means reasonable and additional expenses incurred by the Recipient and/or the Project's Executive Agency in connection with the implementation of the Project, maintenance and rental of vehicles and equipment, payment for fuel, stationery and other supplies, insurance of vehicles and equipment, office rent, payment for Internet and communications, support of information systems, payment of expenses related to the transfer of documentation, payment of bank fees, utilities, as well as travel and transportation expenses, daily subsistence allowance and living expenses, and other reasonable expenses directly related to the implementation of Project activities. The additional costs do not include the salaries of officials in the public service of the Recipient or the Project's Executive Agency. (b) The term "training" means expenses (not related to consulting or non-consulting services) incurred during the implementation of the Project in connection with: (i) the reasonable costs of travel, accommodation, meals and daily subsistence allowance incurred by the trainers and trainees in connection with the training, (ii) the cost of the course, ((iii) with rent for training/seminar facilities and equipment, (iv) with expenses related to the preparation, receipt, reproduction and distribution of training materials not provided for in this paragraph.
V. Withdrawal conditions; Withdrawal period
1. Regardless of the provisions of Part A of this section, withdrawal of grant funds is not possible for payments made prior to the signing of this Agreement. 2. The closing date according to Section 3.06. (c) of the Standard Terms is June 30, 2017.
Section V. Other obligations
A. The Recipient undertakes to ensure that the Executive Agency of the Project hires a financial management specialist within 30 days from the date of entry into force of this grant. B. The Recipient undertakes to ensure that the Project's Executive Agency installs and uses accounting software that meets the requirements of the World Bank within 30 days of the effective date of this grant.
ADDITIONAL APPENDIX to the Agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on a grant for the project "Improving Energy Efficiency in Kazakhstan"
Section I. Definitions
Definitions
(a) "Eligible beneficiary" is a recipient who is eligible to invest in ________ in accordance with the basic eligibility criteria, such as, namely, State ownership, structural strength of the building and the absence of plans for closure, downsizing or privatization, as indicated in the Operational Manual for the Project. (b) "Environmental Management Framework Document" - the Recipient's framework document on environmental management, meeting the requirements of the World Bank, dated January 9, 2013, information on which was submitted on January 11, 2013 in the Infoshop of the World Bank. The document sets out the principles, rules, guidelines and procedures for assessing the environmental and social impacts resulting from the implementation of the project and measures to mitigate negative impacts, monitoring, as well as measures that are taken during the implementation and operation of the Project to avoid or reduce adverse environmental and social impacts. (c) "Environmental Management Plan" is an environmental management plan for a specific Project area prepared in accordance with the parameters set out in the Environmental Management Framework Document that meets the requirements of the World Bank. An Environmental Management Plan is developed and adopted by the Project's Executive Agency for each subproject, for which the existence of such a Plan is a necessary requirement in accordance with the provisions of the Environmental Management Framework Document.; includes measures to mitigate negative impacts, monitoring, and activities undertaken during the implementation and operation of a subproject to prevent negative environmental and social impacts, reduce their impact, or reduce such impacts to an acceptable level. (d) "MINT" - The Ministry of Industry and New Technologies of the Recipient or its legal successor. (e) "Region" is one of the Recipient's 16 regions, including Almaty and Astana. (f) "Procurement plan" means the procurement plan for the implementation of the Project dated January 9, 2013 and referred to in paragraph 1.16 "Procurement Guidelines" and paragraph 1.24 "Guidelines for the Selection and Hiring of Consultants", which may be amended from time to time in accordance with these paragraphs. (g) "Project Agreement" is an agreement between the World Bank and the Project's Executive Agency concluded by [__], and this term includes all annexes and agreements that are complementary to the Project Agreement. (h) "Founding Documents of the Executive Agency of the Project" - (A) Resolution of the Government of the Republic of Kazakhstan No. 1294 dated November 30, 2013, as amended, according to which the Executive Agency of the Project is established and managed, and (B) the Charter of JSC Institute of Development of Electric Power Industry and Energy Conservation (Kazakhenergoexpertiza), approved by Order No. 57 State Property and Privatization Committee of the Ministry of Finance of the Republic of Kazakhstan. (i) "Project Executive Agency" means the state—owned joint-stock company "Institute for the Development of Electric Power Industry and Energy Conservation (Kazakhenergoexpertiza)", established in accordance with the Founding Documents of the Project Executive Agency under the Ministry of Industry and New Technologies of the Republic of Kazakhstan, responsible for the implementation of the Project, or its legal successor. (j) "Project Implementation Group" or "PIU" is a unit that is referred to in Section I.A.3. Appendices 2 to this Agreement with the developed technical specifications, staffing table and resources meeting the requirements of the World Bank. (k) "Operational Project Manual" - the manual referred to in Section I.B. of Annex 2 to this Agreement, meeting the requirements of the World Bank and accepted by the Recipient and the Executive Agency of the Project, subject to possible periodic amendments previously agreed with the World Bank. (1) "Public building" means an object on the territory of an administrative unit that (i) is state—owned (that is, it is state-owned and not controlled by an individual or corporation), (ii) is structurally sound, and (iii) plans for closure, downsizing, or privatization are not being considered.. (m) "Selected administrative unit" means the "region", "district" or "city" in the Recipient's territory where the subprojects are to be implemented. (n) "Project Management Committee" means the committee referred to in Section I.A.4 of Annex 2 to this Agreement, as well as any of its legal successors. (o) "Subproject" — an activity or series of activities carried out or planned to be carried out by the Project's Executive Agency for the benefit of the eligible beneficiary, in accordance with Part 1 of the Project, in respect of public buildings selected in accordance with the criteria (including, but not limited to, environmental and social considerations) and eligibility requirements set out in the Project's Operational Guidelines, and subject to environmental and social impact assessment as a result of the implementation of the subproject (including Environmental Management Plans), if such an assessment is required by the World Bank. (p) "Subproject Agreement" is an agreement between the Executive Agency of the Project, the selected administrative unit and the eligible beneficiary, which sets out the conditions for the implementation of the subproject for the benefit of the eligible beneficiary under Part 1 of the Project. (q) "Supplementary Agreement" is an agreement that is referred to in Section I.D of Annex 2 to this Agreement, according to which the Recipient provides the grant funds to the Executive Agency of the Project. (r) "Trust Fund" is a single donor's Trust Fund for energy efficiency Improvement and Youth association Development programs, which is funded from funds provided by the Government of the Swiss Confederation, represented by the Swiss Agency for Development and Cooperation.
ADDENDUM TO APPENDIX 2NATIONAL COMPETITIVE BIDDING - CHANGES
The procurement procedure, which is followed within the framework of national competitive bidding, is the "Public Procurement through tender" procedure, set out in the Recipient's Law "On Public Procurement" dated January 6, 2013 No. 63-V.; however, provided that such a procedure must comply with the provisions of Section I, paragraphs 3.3 and 3.4 of Section III and Annex 1 of the Procurement Manual and the following additional provisions: (a) Eligibility: the eligibility of bidders to participate in the procurement process and award them a World Bank-funded contract in accordance with Section I of the Procurement Manual; Consequently, a bidder or potential bidder cannot be declared ineligible to be awarded contracts funded by the World Bank, except as provided in Section I of the Procurement Manual. Foreign bidders are allowed to participate in national competitive bidding, and foreign bidders are not required to cooperate with local bidders to qualify for the procurement process. (b) Registration: Competitive bidding is not limited to the participation of pre-registered firms, and foreign participants are not required to register with local authorities as a prerequisite for submitting bids. (c) Preferences: during the evaluation of bids, the facts of preferential treatment based on the nationality of the bidder, the origin of goods, services and labor, local content, the degree of citizen participation, and/or any other preferential programs are excluded. (d) Tender documents: Procurement organizations use the relevant standard tender documents, including contract provisions that meet the requirements of the World Bank. (e) Cost estimation: Cost estimation is confidential information and is not subject to disclosure to potential bidders. It is not allowed to reject a competitive offer based on a comparison with the cost estimate and/or the budget ceiling without obtaining the prior written consent of the World Bank. (f) Duration of the tender offer: all bidders may request in writing an extension of the validity of the tender offer, if justified by exceptional circumstances, before the expiration date and for the minimum period necessary to complete the evaluation or award of the contract, provided that the period is extended only for a minimum period, required to complete the evaluation and/or award of the contract, and it does not exceed four (4) weeks. No further requests for additional extensions are allowed without the prior written consent of the World Bank. (g) Submission of bids and opening of envelopes: potential bidders are given at least thirty (30) days from the date of publication of the invitation to bid or from the date of receipt of the tender documents, whichever is later, to prepare and submit bids. Envelopes with bids are opened publicly immediately after the deadline for submitting applications. A copy of the envelope opening protocol is provided in a timely manner to all bidders who have submitted their bids, as well as to the World Bank in respect of contracts subject to preliminary review by the World Bank. (h) Qualifications: The qualification criteria are clearly defined in the tender documents. All the criteria specified in the tender documentation and only these criteria are used to determine whether the bidder has the appropriate qualifications. Qualifications are assessed according to the "meets/does not meet" principle, and the point system is not applied. Such an assessment is based solely on the ability and resources of the bidder or potential bidder to effectively execute the contract, taking into account objective and measurable factors, including: (i) relevant general and field-specific experience, as well as satisfactory performance after the execution of the contract and the successful completion of similar contracts over a specified period, (ii) the financial situation, and where appropriate (iii) the capabilities of the construction and/or production equipment. (i) Prequalification procedures and documentation that meet the requirements of the World Bank are applied in the case of large, complex and/or specialized work contracts. Verification of the information on the basis of which the bidder has been prequalified, including the participant's current obligations and capabilities regarding personnel and equipment, is carried out at the time of awarding the contract. (j) In cases where the prequalification procedure is not applied, the qualifications of the bidder with whom the contract is recommended are evaluated during postqualification, using the qualification criteria specified in the tender documents. (k) Evaluation of the tender offer: the evaluation criteria are clearly defined in the tender documents. The evaluation of bids is carried out in strict accordance with the quantifiable criteria set out in the tender documentation. The evaluation criteria, with the exception of the price, are expressed in monetary terms. The point system and grouping are not applied, and neither a minimum point nor a percentage value is assigned to the price value when evaluating bids. Contestants are not excluded due to insignificant, minor deviations. (1) Contracts are awarded to a qualified bidder whose bid: (i) substantially conforms to the tender documents, and (ii) offers the lowest estimated value. There is no discussion of the price or the essence of the tender offer. (m) Applications are not rejected just because they are lower or higher than the estimated value or fall outside the established range or "group" of the value of the proposals. It is not possible to reject all bids (or a single bid, if only one has been received), cancel the procurement process, or request new bids without the prior written consent of the World Bank. (n) Guarantees: The format and the required duration of guarantees are specified in the tender documents. (o) Confidentiality: The process of evaluating bids is confidential until the announcement of the award of the contract. (p) Electronic procurement systems: Electronic procurement systems can be used provided they meet the requirements of the World Bank. (q) Fraud and corruption: In accordance with the "Procurement Guidelines", each tender document and contract contains provisions reflecting the World Bank's policy on the application of sanctions against firms or individuals whose involvement in fraudulent and/or corrupt activities is established in accordance with the "Procurement Guidelines". (r) Right to control and audit: In accordance with the Procurement Manual, each tender document and contract contains provisions reflecting the World Bank's policy on monitoring and auditing accounts, reports and other documents related to the submission of bids and the execution of contracts.
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