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.

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" (further - the Law) 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.

The receiver in case of creation of the specification on ware property provides the requirement about share of raw materials of local content at least 30%, except for the ware property intended for divisions of special purpose.

5. No later than July 1 of prior financial year, receivers when budgetary funds within the defense order are provided in the budget of authorized body (further - when means at authorized body), direct to authorized body the approved specifications on necessary products of the defense order for the corresponding planning period in paper or electronic type with appendix of data on quantity (amount) and places of delivery of products of the defense order planned to acquisition. At the same time, the period in two years prior to the corresponding planning period prior financial year is.

Further modification and amendments in the approved specifications are allowed only in case of invariance of unit price of products of the defense order.

6. Till August 1 of prior financial year authorized body when means at authorized body, sends specifications to 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), on activities and in authorized organization.

7. Till August 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 to authorized organization.

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

9. Till November 1 of prior financial year for forming of the budget request for the corresponding planning period, the organizations included in the register and authorized organization represent to the address of authorized body or receivers when means at receivers, the price offers with planned calculation according to the Rules of pricing on goods military (products), goods (products) of dual purpose (application), military work and military service within the state defense order approved by the order of the Government of the Republic of Kazakhstan of October 17, 2019 No. 772 (further - Rules of pricing).

10. Till December 1 of prior financial year the authorized body sends to the receiver's address when means at authorized body, the list of actions on which price offers were not provided, and also the smallest price offers on products of the defense order provided by the organizations included in the register and authorized organization.

Actions on which price offers are not provided are acquired according to the legislation on public procurements.

11. Till February 15 of the current financial year the receiver when means at authorized body, according to the provided prices are represented to authorized body 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.

At the same time, the year preceding planning period is current financial year.

12. 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.

13. Till August 1 of the current financial year for the purpose of implementation of the choice of contractors of the defense order authorized body when means at authorized body, sends specifications to the organizations included in the register for activities.

14. Till August 1 of the current financial year for the purpose of implementation of the choice of contractors of the defense order receivers when means at receivers, independently send specifications to the organizations included in the register for activities.

15. Till September 1 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 appendix of planned calculation according to Rules of pricing.

The organizations included in the register, specializing in production of ware and special property, individual protection equipment till September 1 of the current financial year represent samples of the declared products for implementation of check on products compliance to requirements of the specification with application of documents, confirming quality of the used raw materials.

16. For the purpose of the choice of the contractor when means at authorized body, it is created (are created) the commission (commissions) of authorized body (further - the commission 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.

17. The decision is deemed accepted by a simple majority vote. In case of equality of votes the decision for which the receiver's representative voted is made.

18. Structure of the commission (commissions) at the choice of contractors and operating procedure are determined by authorized body, and its activities are performed behind closed doors.

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