ORDER OF THE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2018 No. 598

About approval of Rules of catering services of students in the organizations of secondary education, and also the purchase of goods connected with providing food of the children who are brought up and students in the preschool organizations, the organizations of education for orphan children and children without parental support

According to subitem 2-5) of article 5 of the Law of the Republic of Kazakhstan of July 27, 2007 "About education" I ORDER:

1. Approve the enclosed Rules of catering services of students in the organizations of secondary education, and also the purchase of goods connected with providing food of the children who are brought up and students in the preschool organizations, the organizations of education for orphan children and children without parental support.

2. Declare invalid:

1) the order of the acting minister of science and education of the Republic of Kazakhstan of December 31, 2015 No. 717 "About approval of Rules of catering services of students in the organizations of secondary education and purchase of goods connected with providing food of the children who are brought up and studying in the preschool organizations of education, the organizations of education for orphan children and children without parental support" (it is registered in the Register of state registration of regulatory legal acts at No. 12788, it is published on January 25, 2016 in information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let);

2) the order of the acting minister of science and education of the Republic of Kazakhstan of February 22, 2017 No. 76 "About introduction of amendments to the order of the acting minister of science and education of the Republic of Kazakhstan of December 31, 2015 No. 717 "About approval of Rules of catering services of students in the organizations of secondary education and purchase of goods connected with providing food of the children who are brought up and studying in the preschool organizations of education, the organizations of education for orphan children and children without parental support" (it is registered in the Register of state registration of regulatory legal acts at No. 14956, it is published on April 21, 2017 in information system of law of Ad_let).

3. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to provide:

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

2) within ten calendar days after state registration of this order the direction of its copies 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" 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 of Education and Science of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this order submission to Department of legal service of the Ministry of Education and Science of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. To impose control of execution of this order on the vice-Minister of Education and Science of the Republic of Kazakhstan Asylova B. A.

5. This order becomes effective after ten calendar days after day of the first official publication.

It is approved Minister of Health of the Republic of Kazakhstan ____________________ "______" ___________ 2018

It is approved Minister of Finance of the Republic of Kazakhstan ___________________ "______" ___________ 2018

It is approved Minister of national economy of the Republic of Kazakhstan __________________ "______" ___________ 2018

Approved by the Order of the Minister of Education and Science of the Republic of Kazakhstan of October 31, 2018 No. 598

Rules of catering services of students in the organizations of secondary education, and also the purchase of goods connected with providing food of the children who are brought up and students in the preschool organizations, the organizations of education for orphan children and children without parental support

Chapter 1. General provisions

1. These rules of catering services of students in the organizations of secondary education, and also the purchase of goods connected with providing food of the children who are brought up and students in the preschool organizations, the organizations of education for orphan children and children without parental support (further - Rules) establish procedure for catering services of students in the organizations of secondary education, and also the purchase of goods connected with providing food of the children who are brought up and students in the preschool organizations, the organizations of education for orphan children and children without parental support.

2. In Rules the following concepts are used:

1) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), the service provision agreements applying for the conclusion or contracts of delivery of goods;

2) catering services of students - creation of necessary conditions for rendering to students service in provision of food or purchase of goods on catering services during their stay in the organization of education;

3) Internet resource - the electronic information resource displayed in text, graphical, audiovisual or other type, placed on the hardware and software, having the unique network address and (or) domain name and functioning on the Internet;

4) the bid - the documents submitted by the potential supplier, constituted according to the tender documentation, confirming possession material, financial and manpower for rendering service or delivery of goods;

5) tender committee - the collegiate organ created by the organizer of tender for carrying out tender;

6) the tender documentation - documents, bids submitted by the organizer of tender to the potential supplier for preparation, and the containing conditions and procedure for carrying out tender;

7) the procedure of the organization and carrying out tender - complex of the interconnected, consecutive actions performed by the organizer of tender according to these rules for the purpose of the conclusion with the potential supplier of the service provision agreement or delivery of goods;

8) organizer of tender (customer):

in the organizations of secondary education - the organization of secondary education, governing body of education in case the organization of secondary education does not keep independently financial accounting or local executive body of area, city of republican value and the capital in case catering services of students in the organizations of secondary education are performed by means of the conclusion of the agreement state-private partnership according to the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership" (further - the Law on public-private partnership) or other body for the decision of local executive body of area, city of republican value and the capital;

in the preschool organizations of education, the organizations of education for orphan children and children without parental support - the preschool organization of education, the organization of education for orphan children and children without parental support or governing body of education in case the preschool organization of education, the organization of education for orphan children and children without parental support does not keep independently financial accounting;

9) criteria of the choice of the supplier of service - signs based on which assessment of opportunities and conditions on rendering service by the potential supplier is made;

10) financial year - the period which is beginning on January 1 and coming to an end on December 31 the current year;

11) public-private partnership - the form of cooperation between the state partner and the private partner corresponding to the signs determined by the Law on public-private partnership;

12) the agreement of public-private partnership - the written agreement determining the rights, obligations and responsibility of the parties of the agreement of public-private partnership, other terms of the contract of public-private partnership within project implementation of public-private partnership according to the Law on public-private partnership;

13) support of domestic manufacturers of services, goods - measures for creating favorable conditions for stimulation of development of national production of services, goods according to Item 1 of article 17 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015;

14) qualification requirements of the potential supplier - the list of the documents confirming possession material, financial and the manpower sufficient for obligation fulfillment according to the service provision agreement or deliveries of goods;

15) the organization of secondary education - the organization of education realizing general education training programs of primary, main secondary, general secondary education, specialized general education and special training programs;

16) the supplier - the physical person performing business activity or the legal entity who signed the service provision agreement or deliveries of goods;

17) criteria of the choice of the supplier of goods - signs based on which assessment of opportunities and delivery conditions of goods the potential supplier is made;

18) purchase of goods - acquisition by the customer of goods according to the procedure, established by these rules;

19) balanced diet - the balanced food, taking into account physiological and age regulations of food;

20) the agreement - the civil service provision agreement or deliveries of goods concluded between the customer and the supplier.

Chapter 2. Procedure for catering services in the organizations of secondary education

Paragraph 1. Methods of catering services in the organizations of secondary education

3. Catering services in the organizations of secondary education are performed by means of:

1) acquisitions of food services of students on competitive basis;

2) purchases of goods, the students connected with providing food on competitive basis;

3) in case of need purchase of the absent equipment and/or replacement of the worn-out equipment of school cafeteria by the new energy saving equipment by acquisition of food services of students according to the Law on public-private partnership and these rules.

Paragraph 2. The procedure of catering services in the organizations of secondary education

4. The procedure of the choice of the supplier of food service of students on competitive basis or the goods connected with providing food of students on competitive basis provides accomplishment by the organizer of tender of the following consecutive events:

1) approval of the tender documentation;

2) the notice the organizer of tender of potential suppliers about implementation of the procedure of the choice of the supplier by submission of the announcement which is placed on Internet resource of the organizer of tender and (or) governing body of education in case of absence at the organizer of tender of own Internet resource and (or) in the periodic printing edition distributed to the territories of the corresponding administrative and territorial unit;

3) forming and statement of structure of tender committee;

4) documents acceptance on participation in tender at potential suppliers;

5) consideration of documents by the commission for determination of the potential suppliers who are conforming and (or) not conforming to requirements imposed to the supplier of service or goods;

6) conclusion of the service provision agreement or delivery of goods.

5. If the organizer of tender at the choice of the supplier of service is the governing body of education, or other body, according to the decision of local executive body of area, the cities of republican value and the capital competition is held with breakdown on lots on the organizations of education. In case of purchase of goods - carrying out tender with breakdown on lots is allowed.

6. Acquisition of service or goods is performed by the organizer of tender based on the approved plan of acquisition of service or goods.

7. Based on the relevant budget the organizer of tender within ten working days from the date of approval of the relevant budget develops and approves the plan of acquisition of service or goods for financial year on the basis of the need for services or goods in form according to appendix 1 to these rules.

In the absence of the students having the right to free food in respect of acquisition of services or goods on catering services budgetary funds are not specified and introduction of tender security, agreement performance is not required.

8. The organizer of tender within five working days from the date of approval of the plan of acquisition of service or goods places it on Internet resource of the organizer of tender or governing body of education in case of absence with the organizer of tender of own Internet resource and (or) in the periodic printing edition distributed to the territories of the corresponding administrative and territorial unit.

9. Modification and (or) amendments in the plan of acquisition of services or goods is performed in cases of modification and (or) amendments in the budget of the customer.

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