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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 14, 2019 No. 759

About approval of Rules of forming, placement and accomplishment of the state defense order

According to the subitem 6) of article 5 of the Law of the Republic of Kazakhstan of March 18, 2019 "About defense industry and the state defense order" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of forming, placement and accomplishment of the state defense order.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective after ten calendar days from the date of its first official publication.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of October 14, 2019 No. 759

Rules of forming, placement and accomplishment of the state defense order

Chapter 1. General provisions

1. These rules of forming, placement and accomplishment of the state defense order (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 18, 2019 "About defense industry and the state defense order" and determine procedure for forming, placement and accomplishment of the state defense order (further - the defense order).

2. Forming, placement, cross-industry coordination and control over the implementation of the defense order are performed by authorized body.

Chapter 2. Forming and placement of the defense order

3. Forming and placement of the defense order are made in the limits set on these purposes of the expenses provided by the republican budget for the three-year period.

4. Receivers of the defense order (further - receivers) create the tactical specification (the technical specification, tactical technical characteristic) (further - the specification) according to national standards. When forming the specification inclusion of the additional criteria contradicting national standards is not allowed.

In case of lack of national standards, receivers independently create the specification on the goods offered to purchase military (products), goods (products) of dual purpose (application), military work and military service (further - products of the defense order).

In the absence of national standards, for the purpose of unification, standardization, operational compatibility and acquisition of new (pilot) samples of arms, military equipment in the specification is specified trademarks, service marks, trade names, patents, useful models, industrial designs, the name of the country of goods' origin and the name of the producer.

5. The specification goes and further is processed by receivers, authorized body in the field of defense industry and the state defense order (further - authorized body), the organizations included in the register of domestic manufacturers of goods of military (products), goods (products) of dual purpose (application) and domestic suppliers of military works and military services of the state defense order (further - the register) and authorized organization in paper or electronic type.

In the presence in the specification of the data constituting the state secrets, its transfer is performed according to requirements of the legislation on protection of the state secrets.

6. No later than September 1 of prior financial year receivers send to authorized body specifications on necessary products of the defense order for the corresponding planning period with indication of terms, the number (amount) and the place of delivery. At the same time, the period in two years prior to the corresponding planning period prior financial year is.

7. Till September 1 of prior financial year the authorized body in the field of the state material reserve sends to authorized body the list of the material values of the state material reserve issued according to the procedure of refreshening in the corresponding planning period (further - the list of the state material reserve), in the part concerning products of the defense order.

8. The authorized body together with authorized body in the field of the state material reserve verifies the list of the state material reserve with the provided specifications within ten working days from the date of their obtaining.

In the presence of products of the defense order corresponding to specifications of the receiver, the authorized body returns to receivers specifications with the notification on need of receipt of the specified material values of the state material reserve.

9. Transfer of the material values of the state material reserve to receivers which are subject to refreshening is performed gratuitously according to the legislation of the Republic of Kazakhstan on civil protection during the period from January 1 to March 1 of the corresponding planning period.

The refusal of the receiver in receipt of material values of the state material reserve in case of their compliance to requirements of the specification is not allowed.

When the amount specified in the specification exceeds amount of the material values provided by the list of the state material reserve, the rest of products of the defense order is acquired within the defense order with change of quantitative data in the specification.

10. The receiver within five working days from the date of return changes the specification taking into account expected receipt of material values of the state material reserve.

11. Till October 1 of prior financial year the authorized body when budgetary funds within the defense order are provided in the budget of authorized body (further - when means at authorized body), sends specifications to the organizations included in the register for activities and/or to authorized organization.

12. Till October 1 of prior financial year receivers when budgetary funds within the defense order are provided in the budget of receivers (further - when means at the receiver), except for special state bodies, specifications independently send to the domestic producers, domestic suppliers of works, services included in the register (further - the organizations included in the register), on activities and/or to authorized organization.

13. In case of specification impossibility of performance the organization included in the register directs the corresponding motivated answer within three working days from the date of its obtaining.

14. Till October 10 of prior financial year of the organization, included in the register, consider the specification, and send the answer to authorized body or to the receiver when means at the receiver, about opportunity to perform the defense order, or to perform it in the alternative version and/or in smaller quantity (amounts). In case of non-presentation of the answer during the specified term execution of the defense order by the organization included in the register is recognized impossible.

15. In the presence of the alternative version of the specification, the organization included in the register represents to authorized body or to the receiver when means at the receiver, the alternative version of the specification, except as specified, when national standards are provided.

16. Till October 15 of prior financial year the authorized body sends to receivers, except for, when means at receivers, replies of the organizations included in the register for specifications, including, their alternative versions.

Receivers, when means at receivers, independently consider the arrived replies of the organizations included in the register.

17. Till November 1 of prior financial year the receiver makes the decision according to the provided versions of the specification. When any of the specifications provided by the organizations included in the register does not conform to requirements of the receiver, the authorized body when means at authorized body is notified on it.

18. In case of disagreements according to specifications, authorized body when means at authorized body, are provided by discussion of disagreements together with receivers and the organizations included in the register.

19. In case of acceptance of single solution according to the specification, the receiver in writing confirms the consent within five working days, by the direction of the answer in authorized body.

20. Receivers, when means at the receiver, independently organize discussion of disagreements with the invitation of authorized body, and also the organizations included in the register, specializing in this direction of activities and make the relevant decision according to the specification.

21. In case of impossibility to perform the specification the organizations included in the register, the specification goes to authorized organization no later than November 1 of prior financial year.

22. The authorized organization from the moment of receipt of the specification carries out procedures for working off of specifications with foreign producers.

23. Till December 20 of prior financial year the authorized organization sends the answer to authorized body or to the receiver when means at the receiver, about opportunity to perform the defense order on the provided task and the specified quantity (amounts), or to perform it in the alternative version and/or in smaller quantity (amounts).

In case of non-presentation of the answer during the specified term execution of the defense order by authorized organization is recognized impossible.

The alternative version of the specification is approved with the receiver through authorized body when means at authorized body.

Within three working days from the date of receipt of the adequate notice from authorized organization or authorized body when means at authorized body, the receiver approves the alternative version of the specification. In case of discrepancy of the alternative version to requirements of the receiver, the authorized organization and/or authorized body when means at authorized body is notified on it.

24. In case of non-presentation by authorized organization in the specified answer terms to authorized body and/or the receiver when means at the receiver or if products offered by authorized organization do not conform to requirements of the specification, the choice of authorized organization by the contractor of the defense order (further - the contractor) is recognized impossible.

The authorized body within three working days notifies by authorized organization the receiver when means at authorized body on impossibility to perform the defense order.

In case of non-presentation of information from authorized body before the specified date it is considered that the choice of authorized organization by the contractor of the defense order is recognized as impossible.

25. In case of impossibility authorized organization to deliver products of the defense order, it does not join in the defense order and is acquired by the receiver according to the legislation of the Republic of Kazakhstan on public procurements.

By transfer of action to public procurements of change to the specification are allowed only regarding its reduction in compliance with the legislation of the Republic of Kazakhstan on public procurements.

26. No later than January 1 of the current financial year authorized body or receivers when means at the receiver, send the specification to the organizations included in the register, specializing in this direction.

At the same time the period one year prior to the corresponding planning period current financial year is considered.

The specification is not subject further to change by the receiver without the consent of the contractor and authorized body to stages of the choice of the contractor and the conclusion of the agreement.

27. Till February 1 of the current financial year for forming of the budget request for the corresponding planning period of the organization, included in the register, and authorized organization represent to the address of authorized body or receivers when means at the receiver, the price offers with planned calculation according to Rules of pricing.

In case of non-presentation of price offers at this stage of the organization, included in the register, and/or authorized organization further do not participate in the procedure of the choice of contractors, except for the organizations which are the single producers of products of the defense order.

The authorized body within three working days notifies the receiver when means at authorized body on non-presentation of price offers.

28. The authorized body sends to three-day time to receivers when means at authorized body, the smallest price offers on products of the defense order.

If the authorized body plans to involve the receiver's specialists to control of compliance of product quality of the defense order at stage of its accomplishment, together with the smallest price offer information on the necessary number of specialists of the receiver, their specialization, the predicted terms of their attraction, the expected place of control of compliance of product quality of the defense order is provided.

Actions on which within the specified term the authorized body does not submit price offers are acquired according to the legislation on public procurements.

29. Till March 15 of the current financial year the receiver when means at authorized body, according to the provided prices are represented by the preliminary list of actions for inclusion in the request for the corresponding planning period within the amount approved by earlier defense order for the corresponding planning period.

On products of the defense order which did not enter limit of expenses of administrators of budget programs for the corresponding planning period, the specification changes towards reduction of quantity (amount) and it is represented together with the request.

30. Till May 15 of the current financial year authorized body, when means at authorized body, and receivers when means at receivers, in the procedure established by the budget legislation send budget requests for the corresponding planning period to authorized body on budgetary planning.

31. The receiver specifies the quantity (amounts) of products of the defense order which did not enter limits of the approved limit of expenses as additional requirement.

32. Till October 1 of the current financial year authorized body when means at authorized body, sends specifications to the organizations included in the register for activities and/or to authorized organization.

In the presence in the specification of the data constituting the state secrets, its transfer is performed according to requirements of the legislation on protection of the state secrets.

33. Till October 1 of the current financial year receivers when means at receivers, independently send specifications to the organizations included in the register for activities and/or to authorized organization.

34. Till October 15 of the current financial year for the purpose of the choice of the contractor of the organization, included in the register, represent to the address of authorized body or receivers when means at receivers, the price offers with the planned calculation which is not exceeding the costs specified in the price offers provided for forming of the budget request according to Rules of pricing, and also the requirements provided by the specification.

Submission by the organization included in the register of the price offer is confirmation of its consent to perform delivery of products of the defense order with observance of the conditions provided in the specification.

Further in case of the choice of the organization included in the register by the contractor on specific action of the defense order the unreasonable refusal of the conclusion of the agreement and execution according to the offered specification is the basis for exception of the organization of the register according to Item 103 of these rules.

35. From October 15 to December 10 the current financial year authorized body and the receiver when means at the receiver, are carried out procedures for the choice of the contractor.

36. The choice of contractors is made by authorized body or the receiver when means at the receiver, from among the organizations included in the register proceeding from opportunities of providing the necessary conditions for production or delivery of products of the defense order of required quality which earlier provided price offers for forming of the budget request on this action.

37. In need of work within the specific action of the defense order with the data constituting the state secrets availability at the organization included in the register, permissions to work with use of the data constituting the state secrets is considered.

38. For the purpose of the choice of the contractor when means at authorized body, are created the commissions of authorized body on activities (further - the commissions on the choice of contractors). If necessary the receiver sends the representative (representatives) and/or the specialist (specialists) to each commission on the choice of contractors, having (having) special knowledge on activity.

39. Only one authorized representative of the receiver has voting power. The authorized body includes up to three representatives in structure of the commission on the choice of contractors, each of which has the right of separate voice.

The decision is deemed accepted by a simple majority vote.

During the vote the representative of the receiver according to whose specification the choice of the contractor is performed has the privilege of voice.

So, in case of equality of votes the decision for which the receiver's representative voted is made.

40. The structure of the commission on the choice of contractors and operating procedure are determined by authorized body.

41. Receivers, when means at the receiver, own commission on the choice of contractors is created. The decision is deemed accepted by a simple majority vote.

42. In case of the choice of contractors from the organizations included in the register are considered:

1) compliance to the offered products of the defense order to requirements of the specification;

2) availability of the license for implementation of the corresponding type of activity in the cases established by the legislation of the Republic of Kazakhstan;

3) availability of the production rooms, processing equipment and qualified specialists necessary for delivery of products of the defense order, in the amount determined by the receiver;

4) availability of production rooms, processing equipment on the property right, the qualified specialists necessary for production of the defense order, in the amount determined by the receiver, and also the provided prototypes of products of the defense order, for the contractors specializing in area of production of ware and special property, individual protection equipment;

5) in need of work within the defense order with the data constituting the state secrets, availability at the organization included in the register, permissions to work with use of the data constituting the state secrets.

43. In case of the choice of the contractor the commission on the choice of contractors makes the decision on the organizations which provided the smallest price offer and also:

1) the organizations of defense industry complex included in the register, which were earlier performing production or delivery of products of the defense order according to the similar specification in case of the requirement of the receiver about unification of arms and military equipment;

2) the organizations of defense industry complex included in the register if the tactical specification contains specifying on the name, trademarks when such products of the defense order are taken advantage (equipment) by receivers;

3) the organizations, being the single domestic product suppliers of the defense order who represent price offers with appendix of planned calculation of cost of products of the defense order according to Rules of pricing;

4) the aircraft repair organizations included in the register, performing prolongation of the flight validity of the aircraft equipment;

5) the organizations included in the register, having investment projects in this direction of activities.

44. If in case of the choice of the contractor one price offer is provided, the commission on the choice of contractors makes the decision on the choice of this organization in case of compliance of planned calculation to requirements of Rules of pricing.

45. Price offers, and also localization of production and production capacities are taken as basis in the choice of the contractor by delivery of products of the defense order within the specific action of the defense order.

46. If at two and more organizations identical price offers on products of the defense order, with other things being equal the choice it is performed for benefit of products of the defense order with the greatest share of local content.

47. On each action of the defense order price offers are considered separately. Price offers are represented in envelopes which are opened in the presence of members of the commission at the choice of contractors on activity.

48. By provision of the price offer only by one organization included in the register if planned calculation of cost of goods is constituted according to Rules of pricing, the contractor the specified organization gets out.

49. When the offered planned calculation does not conform to requirements of Rules of pricing, and the organization refuses to change the price offer, this action is transferred for execution to authorized organization.

50. About results of the choice of the contractor of the organization, chosen as contractors, in paper and electronic type are notified within ten calendar days from the date of commission session at the choice of contractors.

51. Till January 25 of the current financial year the authorized organization performs procedures for selection of price offers at foreign producers and represents them to authorized body or to receivers when means at the receiver for forming of the budget request.

52. Action of Items 34-51 of these rules does not extend to authorized organization in case of liquidation by means of destruction, utilization, burials and conversions of not used arms, military equipment, technical and special means (further - liquidation), except for ammunition.

The authorized organization regarding liquidation represents the price offer with appendix of planned calculation of cost of products of the defense order according to Rules of pricing.

53. In exceptional cases, for the purpose of the solution of tasks of the President of the Republic of Kazakhstan, the Security Council or Republican operational staff of the Republic of Kazakhstan or in case of suddenly arisen threats products of the defense order which are not included in additional requirement are acquired on the receiver of priority determined earlier, or the procedure for priority changes authorized body, and also the receiver in coordination with authorized body.

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