ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 22, 2017 No. 739

About modification and amendments in the order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648 "About approval of Rules of implementation of public procurements"

I ORDER:

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648 "About approval of Rules of implementation of public procurements" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 12590, it is published in information system of law of Ad_let on December 31, 2015) the following changes and amendment:

in Rules of implementation of the public procurements approved by the specified order (further - Rules):

state Item 13 in the following edition:

"13. Customers, according to item 4 of article 5 of the Law, make changes and (or) additions to the annual plan of public procurements no more once a month.

The requirement of part one of this Item does not extend to cases:

1) implementation of public procurements by the state companies, legal entities, more than fifty percent of voting shares (shares in the authorized capital) which belong to the state, and the legal entities affiliated with them;

2) execution of instructions, notifications on elimination of the violations revealed by results of control actions, including by results of cameral control;

3) implementation of public procurements when refining (adjustment) of the relevant budget according to the legislation of the Republic of Kazakhstan.";

state Item 29 in the following edition:

"29. The organizer no later than five working days before the termination of term of submission of price offers, places on the web portal in the Kazakh and Russian languages the following data on the carried-out public procurements by method of request of price offers:

1) about goods quantity, amounts of the performed works, the rendered services which are subject of the carried-out public procurements with indication of the allocated amounts;

2) the short description of the purchased goods, works, services.

3) place of delivery of goods, performance of works, rendering services;

4) desired delivery dates of goods, performance of works, rendering services;

5) about starting date and the ends of submission of price offers by potential suppliers;

6) the draft agreement with indication of the technical specification.

Customers can develop the technical specification with indication of national standards of the Republic of Kazakhstan, in case of its availability.";

state Item 60 in the following edition:

"60. In case, stipulated in Item 20 these rules, the chairman of tender committee determines the official not below the deputy first head of the customer.

When carrying out tender on material logistics of activities of the central executive bodies, the chairman of tender committee determines the responsible secretary of the central executive body, or other official performing powers of the responsible secretary.

In the cases provided by Items 22 and 24 of these rules, the chairman of tender committee determines the official not below the first head of the organizer or person fulfilling its duties, either the responsible secretary or other official performing powers of the responsible secretary.

In case, stipulated in Item 21, 23 and 25 these rules, the chairman of tender committee determines the official not below the first head of the customer or person fulfilling its duties, either the responsible secretary or other official performing powers of the responsible secretary.

In case, stipulated in Item 26 these rules, the chairman of tender committee determines the official not below the first head of the customer or person fulfilling its duties, either the responsible secretary or other official performing powers of the responsible secretary.";

state Item 85-1 in the following edition:

"85-1. Material and the manpower necessary for the customer for obligation fulfillment under the agreement, are specified in the technical specification which is integral part of the tender documentation.

When implementing public procurements of works on construction (new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects), development of the feasibility statement, design estimates and town-planning projects, the document confirming possession of the potential supplier material and manpower, the corresponding permission (license) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications is.";

state Item 156 in the following edition:

"156. In the presence at the potential supplier of the document on voluntary confirmation of conformity of the offered goods to the national standards of the Republic of Kazakhstan issued according to the legislation of the Republic of Kazakhstan in the field of technical regulation, the tender committee appropriates conditional discount in the amount of two percent (2%).";

add with Item 174-1 of the following content:

"174-1. The price of the bid of the potential supplier of works on running repair, and the works which are not connected with construction is recognized dumping if it the low price allocated for tender, more than for forty percent.";

state Items 233 and 234 in the following edition:

"233. In case of public procurements of services of the state social order the organizer provides in the tender documentation the following criteria for assessment, the provided by potential suppliers, technical specifications:

1) compliance of the project offered by the potential supplier to requirements of the technical specification of the Customer;

2) compliance of the purpose of activities of the potential supplier (according to constituent documents) to the purchased services of the Customer;

3) compliance of the detailed Actions plan to goal achievement, delivered by the Customer (the name and form of actions, the place and terms of carrying out);

4) data on finding of the potential supplier in "The database of non-governmental organizations";

5) experience of work of the potential supplier;

6) availability of indicators on efficiency evaluation of results of project implementation.

Calculation of points for the criteria provided in subitems of 1)-6) of this Item is calculated according to appendix 12 to the tender documentation.

234. Potential suppliers whose bids gained less than one point by the criteria specified in subitems 1), 2) and 3) of Item 233 of these rules are not allowed to participation in tender, irrespective of total quantity of the gained points.";

state Item 237 in the following edition:

"237. The potential supplier whose technical specification has final assessment less than 8 points is not allowed to participation in tender.";

state Item 240 in the following edition:

"240. The following conditional reduction of competitive offers is applied to the potential suppliers allowed to participation in tender by results of consideration regarding compliance to requirements of the tender documentation and assessment of their technical specifications:

1) if final assessment of the technical specification of the potential supplier constitutes from 10 to 15 points inclusive, then the competitive price proposal of the potential supplier conditionally decreases by 10%;

2) if final assessment of the technical specification of the potential supplier constitutes from 16 to 20 points inclusive, then the competitive price proposal of the potential supplier conditionally decreases by 20%;

3) if final assessment of the technical specification of the potential supplier constitutes over 20 points, then the competitive price proposal of the potential supplier conditionally decreases by 30%.";

the fourth Item 274 to state part in the following edition:

"In case of implementation of public procurements by the single organizer, the decision on creation of commission of experts is made by the first head of the customer or person fulfilling its duties, either the responsible secretary or other official performing powers of the responsible secretary.";

state Item 391 in the following edition:

"391. If the potential supplier determined by the winner did not sign the draft agreement in the terms established by the Law and these rules, the customer within two working days from the date of evasion of the winner from the conclusion of the agreement sends to the potential supplier who took the second place, the draft agreement certified by the digital signature by means of the web portal. The draft agreement, according to Item 7 of article 43 of the Law makes sure the potential supplier who took the second place by means of the digital signature within three working days from the date of submission of the draft agreement to it.

If the potential supplier determined by the winner by public procurements of works and services to which dumping price is applied did not bring ensuring agreement performance and (or) the amount according to article 26 of the Law (in the presence) in the terms established by the Law and these rules, the customer within two working days from the date of evasion of the winner from the conclusion of the agreement sends to the potential supplier who took the second place, the draft agreement certified by the digital signature by means of the web portal. The draft agreement, according to Item 7 of article 43 of the Law makes sure the potential supplier who took the second place by means of the digital signature within three working days from the date of submission of the draft agreement to it.";

4) Item 426 to state the subitem in the following edition:

"4) execution of the electronic invoice which is written out by means of information system of electronic invoices, according to Rules of document flow of the invoices which are written out electronically, approved by the order of the Minister of Finance of the Republic of Kazakhstan of May 12, 2017 No. 301, registered in the Register of state registration of regulatory legal acts at No. 15156 (further - Rules of document flow of the invoices which are written out electronically);";

state Item 442 in the following edition:

"442. The work experience in the market of the purchased goods, works, services of the potential supplier, can be established in the tender documentation (auction documentation), according to the following criteria:

1) up to two years if the allocated amount on implementation of public procurements by method of tender (auction) exceed the fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

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