ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2017 No. 788

About approval of Rules of implementation of the choice of contractors of the state defensive order from among the organizations included in the register of domestic producers and domestic suppliers of works, services, operators on execution of the state defensive order

According to the subitem 1) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of January 19, 2001 "About the state defensive order" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of the choice of contractors of the state defensive order from among the organizations included in the register of domestic producers and domestic suppliers of works, services, operators on execution of the state defensive order.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of November 29, 2017 No. 788

Rules of implementation of the choice of contractors of the state defensive order from among the organizations included in the register of domestic producers and domestic suppliers of works, services, operators on execution of the state defensive order

1. These rules of implementation of the choice of contractors of the state defensive order from among the organizations included in the register of domestic producers and domestic suppliers of works, services, operators on execution of the state defensive order (further - Rules) determine procedure of the choice of contractors of the state defensive order (further - the defensive order) operators by execution of the state defensive order (further - operators) from among the organizations included in the register of domestic producers and domestic suppliers of works, services (further - the register).

2. The choice of contractors of the defensive order is made by operators when forming the defensive order in coordination with the state customers of the defensive order from among the organizations included in the register proceeding from the following opportunities of the organizations:

1) providing necessary conditions of production, including protection of the data constituting the state secrets;

2) capabilities to make goods military (products) and goods (products) of dual purpose (application);

3) implementation of work, military services of required quality on the most advantageous economic conditions.

3. The authorized body in the field of forming, placement and accomplishment of the defensive order (further - authorized body) no later than February 10 of the current year sends the inquiry to the operator about intention of purchase by the state customer of products of the defensive order containing the following data:

1) name and tactical technical characteristics (technical specification) of acquired goods, works, services;

2) goods quantity (products), amounts of the performed works, services;

3) place and desired delivery dates of goods (products), performance of works, services;

4) guarantee period on the delivered goods (products), the performed works, services;

5) the list of the accompanying services which cost shall be included in the cost of goods (products), works, services;

6) payment terms, including amount of advance payment;

7) in case of need in case of acquisition of military and special dress code, signs of distinction and individual protection equipment the requirement about need of provision of prototypes.

4. The operator no later than three days from the date of receipt of the corresponding request of authorized body sends inquiry to all organizations included in the register for intention of purchase of products of the defensive order according to Item 3 of these rules.

Also the operator requests price (commercial) offers from the organizations.

5. The organizations, having received request, within ten calendar days from the date of its obtaining direct the answer with appendix of the price (commercial) offer.

The organizations are specified if necessary at the operator of the requirement of request, specified in Item 3 of these rules.

6. The organizations to the answer attach the documents confirming percent of share of local content in the delivered goods, works or services.

7. The organization can offer products with the best tactical and technical (technical) characteristics, than were specified in request of the operator, not attracting increase in the amount planned for the defensive order.

8. In case of the choice of contractors from among the organizations included in the register, the operator are considered:

1) compliance of technical characteristics of products of the defensive order offered by potential contractors to requirements of request;

2) in the cases established by the legislation of the Republic of Kazakhstan, availability of the license for implementation of the corresponding type of activity;

3) availability of the production rooms, processing equipment and qualified specialists necessary for the production of goods (products), works and services which are subject of the defensive order in the amount determined by the customer;

4) for the contractors specializing to areas of production of military and special dress code, signs of distinction and individual protection equipment, availability of production (warehouse) rooms and processing equipment in the property rights, the qualified specialists necessary for the production of goods (products), works and services which are subject of the defensive order in the amount determined by the customer.

9. The choice of contractors of basic and applied scientific research by operators is made according to the procedure approved for carrying out defensive researches.

10. If at two and more organizations equally advantageous economic conditions on goods, works and services, the choice it is performed for benefit of goods, work and service with the greatest share of local content.

11. If the organization included in the register is the single domestic product supplier of the defensive order, one price (commercial) offer with calculation of cost of products is attached to the answer.

12. The choice of contractors is performed by operators from among the organizations included in the register, which offered the smallest price and products of the defensive order conforming to the requirements specified in request of authorized body.

13. The operator following the results of the choice of the contractor of the defensive order sends to authorized body the response to its request with indication of the contractor of the defensive order no later than March 1 of the current year.

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