KAZAKHSTAN

 

KAZAKHSTAN

 

EUROPE AND CENTRAL ASIA

GNI PER CAPITA (IN USD)
$8,810

 

 

 

 

 

Preparation of PPPs

 

 

Central budgetary authority's approval

Yes

Both before tendering and contract signature

Fiscal treatment of PPPs

Yes

Both budgetary and accounting/reporting treatment

PPPs' prioritization consistent with public investment prioritization

Yes

Detailed procedure not regulated

Economic analysis assessment

Yes

No specific methodology developed

Fiscal affordability assessment

Yes

No specific methodology developed

Risk Identification

Yes

No specific methodology developed

Comparative assessment (value for money analysis)

Yes

No specific methodology developed

Financial viability or bankability assessment

Yes

No specific methodology developed

Market sounding and/or assessment

Yes

No specific methodology developed

Environmental impact analysis

No

 

Assessments included in the RFP and/or tender documents

Yes

Assessments not available online

Draft PPP contract included in the RFP

Yes

Tender documents not available online

Standardized PPP model contracts and/or transaction documents

Yes

 

 

 

 

 

 

Procurement of PPPs

 

 

Evaluation committee members required to meet specific qualifications

No

 

Public procurement notice of the PPP issued by procuring authority

Yes

Available online

Foreign companies permitted to participate in PPP bidding

Yes

 

Minimum period of time to submit the bids

Yes

No specific period of time regulated

Availability of various procurement procedures for PPPs

 

Open procedure (single-stage tendering). Competitive dialogue and/or multi-stage tendering

Direct negotiation not discretionary

Yes

 

Tender documents detail the procurement procedure

Yes

 

Tender documents specify prequalification/shortlisting criteria (if apl.)

Yes

 

Clarification questions for procurement notice and/or the RFP

Yes

Answers publicly disclosed

Pre-bidding conference

Yes

Results not publicly disclosed

Financial model submitted with proposal

No

 

Proposals solely evaluated in accordance with published criteria

Yes

 

Treatment when only one proposal is received

Yes

Detailed procedure not regulated

Publication of award notice

Yes

Available online

Notification of the result of the PPP procurement process

No

 

Standstill period

No

 

Negotiations with the selected bidder restricted

Yes

 

Publication of contract

No

 

 

 

 

 

 

PPP Contract Management

 

 

System to manage the implementation of the PPP contract

Yes

 

System for tracking progress and completion of construction works

Yes

 

Monitoring and evaluation system of the PPP contract implementation

Yes

Private partner provides periodic information. Procurement authority gathers information

Foreign companies permitted to repatriate income

Yes

 

Change in the structure (stakeholder composition) of the private partner and/or assignment of the PPP contract regulated

Yes

Same qualifications legally required for the replacing entity

Modification/renegotiation of the PPP contract (once the contract is signed) regulated

Yes

Approval by an additional government authority required. Unilateral modification by the procuring authority possible. Regulations about: changes in duration

Circumstances that may occur during the life of the PPP contract regulated

Yes

Force majeure. Material adverse government action. Change in the law

Dispute resolution mechanisms

Yes

Local administrative review body. Domestic arbitration. International arbitration. Investor-State Dispute Settlement (ISDS)

Lenders' step-in rights

Yes

To be regulated as part of a direct agreement or in the PPP contract

Grounds for termination of a PPP contract

Yes

 

 

 

 

 

 

Unsolicited Proposals

 

 

Regulation of USPs

 

Expressly regulated

Assessment to evaluate unsolicited proposals

Yes

 

Vetting procedure and/or pre-feasibility analysis of USPs

No

 

Evaluation of consistency of USPs with other government priorities

No

 

Competitive PPP procurement procedure for USPs

Yes

 

Minimum period of time to submit the bids

Yes

60 calendar days