ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2018 No. 1130

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 at No. 12590, it is published on December 31, 2015 in information system of law of Ad_let) the following changes and amendments:

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

5) of Item 3 to state the subitem in the following edition:

"5) the single organizer of public procurements - (further - the single organizer) the legal entity determined by the Government of the Republic of Kazakhstan, akimat of area, the cities of republican value and the capital or akimat of the area, city, area in the city, according to Item 1 of article 8 of the Law, the performing performing procedures of the organization and carrying out centralized public procurements;";

6, of 7, 8 and 9 to state Items in the following edition:

"6. The annual plan of public procurements is developed and affirms the customer based on the relevant budget (the development plan, individual funding plan) in form according to appendix 1 to these rules.

7. The customer, according to Item 2 of article 5 of the Law, based on the positive offer of the relevant budget commission before approval (refining) of the relevant budget develops and approves the preliminary annual plan of public procurements in form according to appendix 1 to these rules.

Customers, being the state companies, legal entities, more than fifty percent of voting shares (share in the authorized capital) which belong to the state develop and approve the preliminary annual plan of public procurements before approval of the development plan.

The preliminary annual plan of public procurements is developed and affirms as the specified cases separately both at stages before approval, and at stages before refining of the relevant budget (development plan).

8. The preliminary annual plan of public procurements is effective before approval (refining) of the annual plan of public procurements. The customer by means of the web portal transfers data from the preliminary annual plan of public procurements to the approved annual plan of public procurements, except for the data which are not approved in the relevant budget (development plan).

9. The annual plan of public procurements affirms (is specified) by the customer within ten working days from the date of approval (refining) of the relevant budget (development plan) or individual funding plan.";

state Item 11 in the following edition:

"11. In case of creation of the annual plan of public procurements (the preliminary annual plan of public procurements), the customer according to Item 3 of article 5 of the Law, divides goods, works, services into lots by their homogeneous types and in the place of their delivery (accomplishment, rendering), except for:

1) acquisitions of works, services providing complex of the interconnected works, services;

2) purchases of goods, works, services in the list approved by authorized body.

In case of availability at least five places of deliveries of goods, rendering services, specifying in lot of several places of deliveries of goods, rendering services is allowed.";

add with Items 11-1 and 11-2 of the following content:

"11-1. Approval (refining) of the annual plan of public procurements in the amount which is not corresponding to the budget (development plan) in total on specifics to economic classification (expenditure items) according to which the conclusion of agreements on public procurements is required is not allowed.

11-2. When implementing public procurements of works on which there are design estimates, customers according to Item 5 of article 5 of the Law in the annual plan of public procurements (the preliminary annual plan of public procurements):

1) specify advance payment (advance payment) in the amount of thirty percent from the amount allocated for implementation of public procurements, excluding tax for value added;

2) place the design estimates which passed the examination in compliance the legislation of the Republic of Kazakhstan on the web portal of public procurements.";

state Items 12 and 13 in the following edition:

"12. The customer within five working days from the date of approval of the annual plan of public procurements (the preliminary annual plan of public procurements) places it on the web portal, except for the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) the data containing office information of limited distribution.

13. Customers, according to Item 7 of article 5 of the Law, make changes and (or) additions to the annual plan of public procurements no more than two times 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) distributions of the distributed budget programs, and also implementation of public procurements when refining (adjustment) of the relevant budget according to the legislation of the Republic of Kazakhstan.

4) the decision making provided by the subitem 1) of part one of Item 2 of article 22 of the Law;

5) purchases of goods, services connected with entertainment expenses;

6) purchases of goods, works, services due to economy following the results of the carried-out public procurements.";

state Item 18 in the following edition:

"18. The customer to the conclusion of the agreement, according to Item 10 of article 5 of the Law can refuse implementation of public procurements in cases:

1) reducings (not inclusion) expenses on purchase of goods, the works, services provided in the approved (specified) annual plan of public procurements (the preliminary annual plan of the public procurements) which happened in case of approval (refining, adjustment) of the relevant budget, approval of the budget statement, according to the legislation of the Republic of Kazakhstan;

2) the modification and amendments of the strategic plan of state body, the budget (the development plan, individual funding plan) of the customer excluding need of purchase of goods, works, the services provided in the approved (specified) annual plan of public procurements (the preliminary annual plan of public procurements), according to the legislation of the Republic of Kazakhstan.

In the case provided by the subitem 2) of part one of this Item, modification and amendments in the annual plan of public procurements (the preliminary annual plan of the public procurements) directed to acquisition of such goods, works, services in the current year are not allowed.";

state Item 26 in the following edition:

"26. According to the subitem 3) of Item 3 of article 8 of the Law for performing procedures of the organization and carrying out public procurements by method of tender (auction) the customer determines the organizer of public procurements of the single organizer in coordination with it.";

state Item 28 in the following edition:

"28. Centralized public procurements are conducted by single organizers of public procurements.";

add with Items 28-1 and 28-2 of the following content:

"28-1. The authorized body determines inventories, works, services on which public procurements are conducted by single organizers of public procurements.

28-2. The single organizer of public procurements conducts public procurements:

1) according to the inventory, works, services determined by authorized body, way of creation of tender committees (the auction commissions), joint with the customer;

2) according to the inventory, works, services determined by authorized body, way of consolidation of homogeneous goods, works, services in one lot irrespective of the place of their delivery (accomplishment, rendering);

3) according to requests of customers for purchase of goods, the works, services which are not included in inventories, works, services, the determined authorized body, way of creation of tender committees (the auction commissions), joint with the customer. This subitem is applied on condition of the consent of the single organizer of public procurements with carrying out such public procurements.";

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 develop the technical specification with indication of national standards, and in case of their lack of interstate standards on the purchased goods, works, service. In the absence of national and interstate standards required functional, technical, quality and operational characteristics of the purchased goods, works, services taking into account regulation of public procurements are specified.

At the same time the short description of the purchased goods shall contain the requirement to suppliers about provision of the documents confirming compliance of the delivered goods to the requirements established by technical regulations, provisions of standards or other documents according to the legislation of the Republic of Kazakhstan on technical regulation.";

state Item 30 in the following edition:

"30. In the placed information, stipulated in Item 29 these rules, content of instructions on trademarks, service marks, trade names, patents, useful models, industrial designs, the name of the place of goods origin and the name of the producer, and also other characteristics is not allowed if such specifying determines accessory of acquired goods, work, service to the certain potential supplier, except for the following cases of implementation of public procurements:

1) for fitting, upgrade and retrofitting of the capital (installed) equipment, and also the established software (licensed software);

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