The procedure for concluding and executing offtake contracts by Joint Stock Company "Sovereign Wealth Fund "Samruk-Kazyna" and legal entities, fifty percent or more of the voting shares (interests) of which is directly or indirectly owned by Samruk-Kazyna JSC on the right of property or trust management (Program on the promotion of new production creating), approved by decision of the Management Board of Samruk-Kazyna JSC of December 30, 2021, No.59/21 (hereinafter - the Procedure).
The procedure is aimed at stimulating and creating new production facilities in Kazakhstan and provides for a mechanism for initiating, considering, coordinating and approving projects to create new production facilities (hereinafter - the Project).
The purpose of the Procedure is to select Projects for import substitution.
It should be noted that in accordance with the Procurement Procedure of Samruk-Kazyna JSC and organizations fifty percent or more of the voting shares (interests) of which is directly or indirectly owned by Samruk-Kazyna JSC on the right of property or trust management, approved by decision of the Board of Directors of the Fund of December 09, 2021, No.190, the Customer is obliged to carry out a single-source procurement in case of purchase of goods produced by a potential supplier as part of a project on creation of new production facilities, by entering offtake contract based on the price marketing conclusion of Samruk-Kazyna Contract LLP (without tender or other competitive procurement).
The main condition for participation in the implementation of the Procedure is the long-term need for the goods, as well as the availability of imports of this product due to the absence of domestic producers of similar goods.
The Procedure is implemented as follows.
Samruk-Kazyna Contract LLP has formed the Pool of goods currently imported by the group of Samruk-Kazyna JSC organizations. This list is approved by the Order of the General Director of Samruk-Kazyna Contract LLP and is published on the website. The Pool of goods is updated on a quarterly basis.
In addition, it is possible to send proposals for the inclusion of new goods in the Pool of goods for Kazakhstani entrepreneurs.
At the first stage, the entrepreneur submits an application to Samruk-Kazyna Contract LLP (through the eGov portal/Documentolog electronic document flow system/Administrative Support at 17/10, Syganak street, Nur-Sultan (in paper form) according to the established form.
Samruk-Kazyna Contract LLP, in the presence of the goods in question in the Pool of goods, considers the application for compliance with the requirements of the Procedure, and in the absence of comments, publishes an announcement on the acceptance of alternative applications from other potential entrepreneurs (10 business days).
At the second stage Samruk-Kazyna Contract LLP takes measures to determine the marketing price and submits the application for consideration of the Local Project Offices of Portfolio Companies of Samruk-Kazyna JSC and Samruk-Kazyna Invest LLP (in case the entrepreneur is interested in the joint implementation of the Project).
Local Project Offices of Portfolio Companies of Samruk-Kazyna JSC within 20 calendar days consider the received applications for the Project and submit to Samruk-Kazyna Contract LLP a written opinion on the readiness to enter an offtake contact or on the availability of comments on the Project with justification of the reasons for refusal.
At the third stage Samruk-Kazyna Contract LLP, after receiving the opinion of the Local Project Office of Portfolio Companies of Samruk-Kazyna JSC and results of the price marketing conclusion, evaluates the Project.
The results of the Project evaluation are sent to the entrepreneur and the Commission of Samruk-Kazyna JSC for consideration.
At the fourth stage, the Commission of Samruk-Kazyna JSC considers the Project application.
The Commission of Samruk-Kazyna JSC considers the materials on the Project and takes the following decisions:
- approval of the Project;
- submission of the Project for consideration;
- rejecting the Project;
- exclusion of the Project.
At the fifth stage, after the approval of the Project by the Commission of Samruk-Kazyna JSC, organizations of Samruk-Kazyna JSC within 15 calendar days from the date of receipt of the notification of Samruk-Kazyna Contract LLP on the inclusion of the Project in the List of projects provide:
- introduction of amendments and/or additions to procurement plans, including long-term ones, regarding the purchase of goods under the Project, including by removing such goods from the purchased works, services, subject to the availability of technical capabilities;
- conclusion of offtake contracts using a single source method in accordance with the Procurement Procedure of Samruk-Kazyna JSC.
The entrepreneur proceeds directly to the implementation of the Modernization Project or the creation of a new production.
At the final stage of the Project implementation, Samruk-Kazyna Contract LLP creates the Monitoring group (consisting of representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan and Customers) and performs an on-site technical inspection of the production site in order to identify compliance/non-compliance with the declared indicators of the entrepreneur specified in the Application (business plan) and in the concluded offtake contract, Project evaluation criteria indicators.