ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of May 18, 2018 No. 196

About approval of Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on investigation or hydrocarbon production and production of uranium

According to Item 1 of Article 131, Item 1 of article 179 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 investigation or hydrocarbon production and production of uranium.

2. To provide to department of subsurface use of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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 in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Department of Energy of the Republic of Kazakhstan after its official publication;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

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

It is approved Minister of investments and development of the Republic of Kazakhstan "____ " ______________ 2018

_________________ Zh. Kasymbek

It is approved Minister of Finance of the Republic of Kazakhstan "____ " ______________ 2018

_______________ B. Sultanov

It is approved Minister of national economy of the Republic of Kazakhstan "____ " ______________ 2018

___________ T. Suleymenov

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of May 18, 2018 No. 196

Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on investigation or hydrocarbon production and production of uranium

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 investigation or hydrocarbon production and production of uranium (further – Rules) are developed according to Item 1 of Article 131, Item 1 of article 179 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 investigation or hydrocarbon production and production of uranium.

These rules are also applied to the relations on the permissions, licenses and contracts for subsurface use issued and signed before enforcement of the Code according to Item 3 of article 277 of the Code.

2. Procedures of purchase of goods, the works and services (further - RUB) used when carrying out transactions on investigation or hydrocarbon production and production of uranium, are held in the territory of the Republic of Kazakhstan.

3. These rules do not extend on:

1) the subsoil users acquiring I RUB 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, the temporary consolidation legal entities (consortium) applying for the conclusion of the agreement on acquisition I RUB;

2) the affiliate of the potential supplier - any physical person or legal entity which has the right to determine decisions and (or) to exert impact on the decisions made by this potential supplier, including owing to the transaction made in writing, and also any physical person or legal entity concerning which this potential supplier has such right;

3) 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;

4) the act of failure of the equipment - the document signed by the first head of the customer, and also the deputy first head responsible for safety and production, confirmatory failure of the equipment, mechanisms, aggregates, consumable materials which failure will lead to stop of production cycle;

5) 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 purchase of the goods, works and services used when carrying out transactions on subsurface use and their producers, and also carrying out electronic procurement and forming of the inventory, the works and services used when carrying out transactions on subsurface use;

6) 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, the transactions used when carrying out on investigation or hydrocarbon production and production of uranium according to these rules;

7) 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;

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

9) the administrator of system - the owner or the owner of system;

10) the program of localization of import goods - the program describing detailed steps, methods and terms on localization of the goods which are earlier not made in the territory of the Republic of Kazakhstan, being integral part of the agreement on purchase of goods;

11) 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 and Item 7 of these rules;

12) 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;

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

14) the industry agreement in oil and gas, oil processing and petrochemical industries of the Republic of Kazakhstan (further - the industry agreement) - the legal act in the form of the written agreement signed between the parties of social partnership determining content and obligations of the parties by establishment of working conditions, employment and social guarantees for workers at the republican, industry and regional levels according to Article 152 of the Labor Code of the Republic of Kazakhstan;

15) National certification center of the Republic of Kazakhstan - the certification center representing 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;

16) goods of the Kazakhstan origin - goods on which the certificate of origin is issued for the internal address and (or) the industrial certificate confirming its origin in the territory of the Republic of Kazakhstan;

17) 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;

18) financial year - the period of time determined according to the budget legislation of the Republic of Kazakhstan;

19) subcontractor - the physical person or legal entity performing part of works on the contract with the contractor (customer);

20) 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;

21) the contractor - the physical person or legal entity, temporary consolidation legal entities (consortium) involved by the subsoil user or his authorized person to accomplishment of the separate work types connected with carrying out transactions on investigation or hydrocarbon production and production of uranium;

22) 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 and Item 7 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 and Item 7 of these rules;

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

24) producer - the potential supplier (supplier) making the goods consisting in the Register of domestic manufacturers;

25) the register of domestic manufacturers of goods, works and services (further - the Register of OTP) - the list of domestic manufacturers of goods, works and services created on voluntary basis according to the procedure, approved by presidium of National chamber according to Item 1 of article 12 of the Law of the Republic of Kazakhstan "About National chamber of entrepreneurs of the Republic of Kazakhstan";

26) acquisition I RUB - acquisition at the expense of own means I RUB, the transactions used when carrying out on investigation or hydrocarbon production and production of uranium, for accomplishment of contract obligations on the subsurface use performed according to the procedure and the methods established by these rules;

27) 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;

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

29) construction of "turnkey" wells - work types and services, in total or separately the providing design stages, constructions, drillings, testing (approbation), research, liquidation, preservation (degreasing) of wells, waste recyclings, collection of hydrocarbons on well during testing (approbation), including in case of test operation, installations, installation, lease of the constructions (the equipment, the equipment, mechanisms of wells) intended for testing (approbation) and (or) collection of hydrocarbons on well during testing (approbation), including in case of test operation, the delivery of goods accompanying the specified works (services);

30) step on lowering - reduction in price for 1 (one) percent (but no more than 100 000 tenges) applied when holding open tender on lowering (the electronic biddings);

31) the administrator of the register - authorized body in the field of solid minerals;

32) complex work when carrying out transactions on uranium production - the set of works and services including accomplishment of project and (or) prospecting works and (or) "turnkey" construction and (or) management of project and prospecting works, "turnkey" construction and (or) accompanying the specified works delivery of goods, rendering services;

33) the conditional price - the price calculated taking into account conditional decrease in the price offer of the bid of the potential supplier who is the Kazakhstan producer of goods or the Kazakhstan operator or services, by twenty percent and used only in case of assessment and comparison of competitive price offers for the purpose of determination of the winner of open tender, open tender on lowering (the electronic biddings);

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