ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 21, 2018 No. 355

About approval of Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on production of solid minerals

According to part five of Item 1 of article 213 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" I ORDER:

1. Approve the enclosed Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on production of solid minerals.

2. Recognize invalid some orders of the Minister of investments and development of the Republic of Kazakhstan according to appendix to this order.

3. To provide to committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy on paper and electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions according to subitems 1), 2) and 3) this Item.

4. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

5. This order becomes effective since June 29, 2018 and is subject to official publication.

It is approved Minister of national economy of the Republic of Kazakhstan May 31, 2018

______________ T. Suleymenov

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of May 21, 2018 No. 355

Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on production of solid minerals

Chapter 1. General provisions

1. These rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on production of solid minerals (further - Rules) are developed according to part five of Item 1 of article 213 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further - the Code) and determine procedure for acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on production of solid minerals.

2. The procedures of purchase of goods, works and services (further - RUB) used when carrying out transactions on production of solid minerals, are held in the territory of the Republic of Kazakhstan.

3. Action of these rules does not extend on:

1) the subsoil users acquiring goods, works and services according to the legislation of the Republic of Kazakhstan on public procurements;

2) the legal entities having subsurface use rights, fifty and more percent of voting shares (shares) of which the national managing holding directly or indirectly owns.

4. In these rules the following concepts are used:

1) the potential supplier – the physical person performing business activity, the legal entity, temporary consolidation legal entities (consortium) applying for the conclusion of the agreement on acquisition I RUB;

2) homogeneous I RUB – I RUB which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and to be interchangeable;

3) the register of the goods, works and services used when carrying out transactions on subsurface use and their producers (further – the register) – the state information system intended for control and monitoring of purchases I RUB, the transactions used when carrying out on subsurface use, and their producers, and also carrying out the electronic procurement and forming of the inventory, works and services used when carrying out transactions on subsurface use;

4) the authorized person of the subsoil user (contractor) – the physical person or legal entity authorized by the subsoil user (contractor) to perform acquisition on behalf of the subsoil user (contractor) I RUB when carrying out transactions on production of solid minerals according to these rules;

5) the supplier – the physical person performing business activity, the legal entity, temporary consolidation legal entities (consortium) acting as the customer's partner in the agreement on acquisition signed with it I RUB;

6) works – activities, having material result, and also other activities referred to works according to the laws of the Republic of Kazakhstan;

7) the administrator of system – the owner or the owner of system;

8) National certification center of the Republic of Kazakhstan – the certification center providing means of the digital signature and registration certificates to physical persons or legal entities for forming of electronic documents in the state and non-state information systems;

9) goods of the Kazakhstan origin – goods on which the certificate of origin for the internal address confirming its origin in the territory of the Republic of Kazakhstan is issued;

10) the Kazakhstan producer of goods – the citizens of the Republic of Kazakhstan and (or) legal entities of the Republic of Kazakhstan making goods of the Kazakhstan origin;

11) financial year – the period of time determined according to the budget legislation of the Republic of Kazakhstan;

12) complex work – the set of works and services including accomplishment of project and (or) prospecting works, "turnkey" construction, supply of equipment or the software of "turnkey" (licensed software), management of project and prospecting works, "turnkey" construction and accompanying the specified works delivery of goods, rendering services;

13) tender committee – the collegiate organ created by the customer for accomplishment of the procedure of carrying out acquisition I RUB according to the procedure and the methods established by subitems 1), 3) of Item 6 of these rules;

14) the tender documentation – documentation approved by the customer which contains conditions of holding open tender and open tender on lowering (the electronic biddings), represented to the potential supplier for preparation of the bid;

15) the electronic copy of the document – the document which is completely reproducing type and information (data) of the authentic document in electronic and digital form;

16) services – the activities directed to requirements satisfaction of the customer, which do not have material result;

17) the contractor – the physical person or legal entity involved by the subsoil user or his authorized person for accomplishment of the separate work types connected with carrying out transactions on production of solid minerals;

18) purchase code – the code created by the register (system) when forming announcements of acquisition I RUB by the methods specified in subitems 1), 3) of Item 6 of these rules or when forming the protocol of summing up acquisition I RUB by the method specified in the subitem 2) of Item 6 of these rules;

19) person which is with the producer in the trade and intermediary relations – the potential supplier to whom documentary confirmation from manufacturing plant that it is dealer and (or) the distributor and (or) the official representative of manufacturing plant and (or) trading house is provided;

20) the customer – the subsoil user, the contractor, the authorized person of the subsoil user (contractor) performing acquisition I RUB according to these rules;

21) goods – objects (things), including semifinished products or raw materials in strong, liquid or gaseous state, electrical and heat energy, objects of intellectual property right, and also the corporeal rights with which it is possible to make transactions of purchase and sale according to the laws of the Republics Kazakhstan;

22) acquisition I RUB – acquisition at the expense of own means I RUB, the transactions used when carrying out on production of the solid minerals necessary for accomplishment of obligations of the license (contract) for the subsurface use performed according to the procedure and the methods established by these rules;

23) essential terms of the contract about acquisition I RUB – conditions about the subject of the agreement, terms and the place of delivery of goods, performance of works, rendering services and payment procedure;

24) "turnkey" construction – construction, its providing and delivery to the customer of object, ready for operation;

25) supply of equipment or the software of "turnkey" (licensed software) – complex of works on designing, production (development), delivery, installation and commissioning, installation of the equipment or the software (licensed software) and to their guarantee maintenance;

26) the administrator of the register – authorized body in the field of solid minerals;

27) the conditional price – the price calculated taking into account conditional decrease in the price offer of the bid of the potential supplier which is the Kazakhstan RUB producer, by twenty percent and used only in case of assessment and comparison of bids for the purpose of determination of the winner of open tender, open tender on lowering (the electronic biddings);

28) system of electronic procurement (further – system) – the electronic information system used by organizers of purchase (the subsoil users or persons authorized by subsoil users) for acquisition I RUB according to these rules.

5. The currency applied to simplification of assessment procedure and comparison of the prices offered by the potential suppliers participating in acquisition I RUB, expressed in different currencies, the currency of the Republic of Kazakhstan - tenge on the official rate established by National Bank of the Republic of Kazakhstan for date of assessment and comparison of the prices is.

Acquisition I RUB and execution of documentation on acquisition I RUB are carried out in the state and Russian languages.

6. Acquisition I RUB when carrying out transactions on production of solid minerals it is performed by one of the following methods:

1) open tender;

2) from one source;

3) open tender on lowering (the electronic biddings);

4) purchase I RUB without application of regulations of subitems 1), 2), 3) and 5) of Item 1 of article 213 of the Code;

5) at commodity exchanges.

Acquisition I RUB by the methods specified in subitems 1), 2) and 3) of this Item of Rules, are performed with compulsory use by the customer of the register (system).

Purchase I RUB without application of regulations of subitems 1), 2), 3) and 5) Item 1 of article 213 of the Code it is performed according to the list I RUB, according to appendix 1 to these rules.

7. Acquisition I RUB, the transactions used when carrying out on production of solid minerals, it is performed with respect for the following principles:

1) publicity and transparency of process of acquisition I RUB;

2) fair competition among potential suppliers;

3) supports of the Kazakhstan RUB producers.

4) equality, justice, lack of discrimination and unreasonable restrictions of the competition in relation to potential suppliers;

8. The procedure of acquisition I RUB includes:

1) planning of acquisition I RUB;

2) choice of the potential supplier;

3) the conclusion of the agreement on acquisition I RUB.

9. Use of the register and system for potential suppliers is non-paid.

Information placed by the customer and potential suppliers is not recognized confidential the register (system).

The customer has no access to viewing of bids, protocols of consideration of bids and summing up open tender, open tender to lowering (the electronic biddings) which initiator he was not.

The potential supplier has no access to viewing of bids, protocols of consideration of bids and summing up open tender, open tender to lowering (the electronic biddings), for participation to whom he did not submit the bid.

The administrator of system provides access to authorized body in the field of solid minerals to viewing of the tender documentation of the customer and bids of potential suppliers without the right of change of the provided information.

The administrator of the register (system) does not check the price offers provided by potential suppliers of open tender or open tender on lowering (the electronic biddings) by means of the register (system) until their opening by the register (system).

10. For participation in acquisition I RUB, the transactions used when carrying out on production of solid minerals by means of the register (system), the digital signature received in National certification center of the Republic of Kazakhstan is introduced in the register of registration certificates, the physical and (or) legal entity is registered in the register (system) as the customer or the potential supplier, and also persons authorized on forming and placement of information in the register (system) are registered.

This requirement does not extend to the supplier chosen following the results of acquisition I RUB by method from one source.

The customer determines the authorized person which on behalf of the customer makes the actions for forming and placement of information provided by these rules in the register (system).

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