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THE ORDER OF THE FIRST DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2019 No. 1201

About approval of Rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company

According to subitem 30-1) of Article 1 and the subitem 1) article 15-1 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company (further - Rules).

2. To provide to department of the legislation of public procurements and purchases of the quasi-public sector of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) 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 Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. This order is subject to official publication and becomes effective since January 1, 2020, except for Item 26, of the subitem 6) of Item 36, of Item 40, of Item 53, of subitems 2) and 4) of Item 70, of the subitem 4) of Item 113, of the fifth paragraph of the subitem 1) and the second paragraph of the subitem 3) of Item 149, of the third and fourth paragraph of Item 184 and Item 369 of Rules which become effective since January 1, 2021.

The first Deputy Premier-Ministra of the Republic Kazakhstan - the Minister of Finance

A. Smailov

Approved by the Order of the acting minister of finance of the Republic of Kazakhstan of October 31, 2019 No. 1201

Rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company

Chapter 1. General provisions

1. These rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company (further - Rules) are developed according to the Civil code of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan "About joint-stock companies" of May 13, 2000, "About the electronic document and the digital signature" of January 7, 2003, "About state-owned property" of March 1, 2011 (further - the Law), "About informatization" of November 24, 2015 and determine procurement procedure.

Chapter 2. Scope of these rules

2. These rules are applied to the relations connected with purchase of goods, the works, services necessary for ensuring functioning, and also accomplishment of authorized activities of the Customer, except for:

1) acquisitions of the services performed at physical persons according to employment contracts or at the physical persons which are not subjects of business activity according to services agreements;

2) introduction of the membership fees (deposits), including to the authorized capital of again created legal entities;

3) acquisitions of share in the authorized capital of legal entities;

4) purchases of goods, works, services performed according to international treaties of the Republic of Kazakhstan and also within implementation of the investment projects financed by the international organizations which member is the Republic of Kazakhstan;

5) acquisitions of the financial services connected with carrying out banking activities, performed by the National Bank of the Republic of Kazakhstan, banks and the organizations performing separate types of banking activities based on the licenses obtained according to the legislation of the Republic of Kazakhstan, and also acquisition of broker and (or) dealer services and custodial servicing in the security market, acquisitions of services in connection, servicing and use of the transport (telecommunication) systems "FASTI", "S.W.I.F.T" including connected with receipt of the bank statements and information services rendered by Kazakhstan stock exchange Joint-stock company, services of the international (foreign) banks, legal consultants, external audit companies in release of comfortable letters, the trustee of the investor, payment transfer agents, registrars procedural and arbitral and other services necessary for the organization by the customer of borrowing, including issue of securities and their redemption, debt management and investment (treasurer) portfolio and (or) Bloomberg of L.P.;

6) payments of the charges and payments levied in seaport;

7) compensations of traveling expenses and acquisition of the services connected with traveling expenses (avia-railway tickets);

8) payments of remunerations to members of governing body and supervisory board;

9) acquisitions of agricultural products and products of its conversion, and also services in their storage, conversion, transportation performed according to the legislation of the Republic of Kazakhstan;

10) acquisitions of services by the national managing director of holding for ensuring activities of strategic advisory advisory body of national managing holding;

11) acquisitions of breeding animals of domestic and foreign selection and farm animals;

12) acquisitions by the national managing director of holding of services of the international insurance company specializing in export credits insurance;

13) purchases of goods, works, services within implementation of transactions on Islamic financing, including with the organizations registered in the territory of foreign states;

14) acquisitions of services of the single registrar of securities and services in transactions with securities;

15) purchases of goods, works and services within settlement of warranty case according to the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing construction".

Chapter 3. The basic concepts used in these rules

3. In these rules the following concepts are used:

1) unreliable information - the false data containing in the request of the potential supplier for participation in procurement by tender methods, from one source and request of price offers, and equally brought by the corrections distorting the valid content and untrue the provided request of the potential supplier;

2) the potential supplier - the physical person performing business activity, the legal entity, the temporary consolidation legal entities (consortium) applying for the conclusion the agreement;

3) affiliirovanny face 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;

4) uniform goods, works, services - goods, works, services which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions;

5) registration on the web portal - the admission of the subject of purchasing system to participation in procurement by means of the web portal;

6) participant of the web portal - The customer, the Organizer of purchases, the potential supplier, the supplier, centralized service on control of purchases, authorized body in the sphere of purchases, the operator of information system of electronic procurement which was registered on the web portal;

7) affiliirovanny faces of legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state - legal entities in whom fifty and more percent of voting shares (shares in the authorized capital) directly or indirectly belong to legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state. Indirect accessory means accessory to each subsequent affiliirovanny person of fifty and more percent of voting shares (shares in the authorized capital) other legal entity;

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

9) private office - the automated workplace of the user on the web portal for implementation of procedures of electronic procurement, participation in procurement, and also receipt of automatic notifications and information placed on the web portal;

10) local content - percentage of cost of compensation of the citizens of the Republic of Kazakhstan involved performed by the agreement from the general fund of compensation under this agreement and (or) costs of the share (shares) of the Kazakhstan origin established in goods (goods) according to criteria of sufficient conversion or full production by residents of the Republic of Kazakhstan from total cost of goods (goods) according to the purchase agreement;

11) the industrial certificate - the document confirming the applicant's availability in the register of domestic manufacturers of goods, works and services;

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

13) the guaranteed order - acquisition by national managing directors of holdings, national holdings, national companies and the legal entities of the goods, works and services included in the database of goods, works, services and their suppliers affiliated with them;

14) the electronic copy of the document - the document which is completely reproducing the type and information (data) of the authentic document in electronic and digital form certified by the digital signature of the applicant or person having powers on the certificate of this document, or the authorized employee of service center of the population based on written consent of the receiver of the state service this at the time of its personal presence;

15) residents of the Republic of Kazakhstan are the citizens of the Republic of Kazakhstan including who are temporarily abroad or being on service beyond its limits, except for the citizens having the document on the right of permanent residence in foreign state issued according to the legislation of this state;

the foreigners and stateless persons having the document on the right of permanent residence in the Republic of Kazakhstan;

the legal entities created according to the legislation of the Republic of Kazakhstan with the location on its territories, and also their branches and representations with the location in the Republic of Kazakhstan and beyond its limits;

the diplomatic, trade and other official representations of the Republic of Kazakhstan which are beyond its limits;

16) considerable depreciation of national currency of the Republic of Kazakhstan - depreciation of national currency of the Republic of Kazakhstan in relation to foreign currencies for 20 (twenty) and more percent.

Determination of considerable depreciation of national currency of the Republic of Kazakhstan is performed based on the following formula:

[(R1-R 0)/R0] x 100, where

R0 - initial value of the official rate of national currency;

R1 - final value of the official rate of national currency;

17) the supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), acting as the customer's partner in the purchase agreement signed with it;

18) the initiator of purchases - the structural division and (or) the ranking officer of the Customer interested in purchase of goods, works and services, developing technical characteristic (specification), qualification requirements, and also responsible for further execution of the signed purchase agreements of goods, works and services;

19) purchases - the acquisition by the Customer on paid basis of the goods, works, services necessary for ensuring functioning, and also accomplishment of functions or authorized activities of the Customer performed according to the procedure, established by these rules, and also the civil legislation;

20) the web portal of purchases (further - the web portal) - the information system providing point of access to electronic services of purchases;

21) authorized body in the sphere of purchases - the central executive body performing management, and also cross-industry coordination in the sphere of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company;

22) the procedure of the organization and carrying out purchases - complex of the interconnected, consecutive actions, the procurements conducted by the Organizer, the relevant commission according to these rules, for the purpose of the conclusion with the potential supplier the agreement;

23) subjects of purchasing system - the potential supplier, the supplier, the Customer, the Organizer of purchases, the operator in the sphere of purchases, authorized body, the expert;

24) centralized service on control of purchases - the service created by the Board of directors of national managing holding, national holding, national company, except for the national company which shareholder is the national managing holding or national holding, exercising internal control behind observance of rules of implementation of purchases in national managing holdings, national holdings, the national companies and the organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company, according to the procedure, determined by the Law;

25) commission of experts on purchases - the collegiate organ created by the organizer of purchases or the customer with involvement of experts for participation in development of the specification and (or) the technical specification of the purchased goods, works, services and (or) preparation of the expert opinion concerning compliance of proposals of potential suppliers of the technical specification of the purchased goods, works, services;

26) the purchases expert - the physical person having special and (or) technical knowledge, experience and qualification in the field of the carried-out purchases, the confirmable relevant documents (diplomas, certificates, certificates and other documents), attracted by the organizer of purchases or the customer to participation in development of the specification and (or) the technical specification of the purchased goods, works, services and (or) preparation of the expert opinion concerning compliance of proposals of potential suppliers of the technical specification of the purchased goods, works, services;

27) identification code of purchase - the identification number assigned to each purchase (lot) which contains information on all procurement cycles;

28) the purchase agreement (further - the agreement) - the civil agreement signed by means of the web portal between the Customer and the supplier, certified by digital signatures, except as specified, provided by these rules;

29) goods - objects (things), including semifinished products or raw materials in strong, liquid or gaseous state, electrical and heat energy, objects of intellectual property right, and also the corporeal rights with which it is possible to make transactions of purchase and sale according to the laws of the Republic of Kazakhstan;

30) Customers are national managing holdings, national holdings, the national companies and the organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belongs to national managing holding, national holding, the national company;

31) the tender price offer - the price offered by the potential supplier for participation in procurement by tender method, attached to the application for participation in the tender;

32) the database of goods prices, works, services - the information subsystem which is part of the web portal, containing data on the developed minimum, average and maximum prices of goods, works, services following the results of purchases;

33) the reference book of goods, works, services (further - the reference book) - the systematized list of commodity codes, works, services determined by authorized body used for implementation of purchases;

34) the tender commission - the collegiate organ created by the organizer of purchases for accomplishment of the procedure of carrying out purchases by tender method;

35) the tender documentation - documentation submitted to the potential supplier for preparation of the application for participation in the tender which contains requirements to the application for participation in the tender, conditions and procurement procedure by tender method;

36) conflict of interest of the member of the tender commission - situation in case of which private interests of the member of the tender commission can affect impartiality of its participation in decision making when implementing purchases of goods, works and services;

37) the authorized representative - the user of the participant of the web portal to which the relevant decision of the first participant manager of the web portal delegates the rights to accomplishment of all actions on the web portal including assurance of electronic copies of documents;

38) the organizer of purchases of goods, works and services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company (further - the organizer of purchases) - the official or structural division of the Customer or the legal entity determined by the actionee of procedures of the organization and carrying out purchases;

39) long-term purchases - the purchases of goods, works and services conducted long-term procurements which delivery date (accomplishment/rendering) exceeds twelve months according to the plan;

40) the conditional price - the price calculated taking into account application to the tender price offer of the participant of the tender of relative value of the criteria provided in the tender documentation, and used only in case of assessment and comparison of tender price offers for the purpose of determination of the winner of the tender;

41) the operator of information system of electronic procurement (further - the operator) - the legal entity determined by authorized body in the sphere of purchases;

42) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

43) the digital signature - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

4. Other concepts used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

Chapter 4. Process and procurement plannings

5. Process of purchases includes:

1) development and approval of procurement plan (preliminary, annual and long-term procurement plans);

2) choice of the supplier and conclusion of the contract with it;

3) agreement performance.

6. Based on the relevant budget (the production program, and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) the Customer develops agreement signatures on accomplishment of the state task and approves procurement plans in forms according to appendices 1 and 2 to these rules.

The customer before approval of the budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) agreement signatures on accomplishment of the state task has the right to develop and approve the preliminary plan of purchases.

The preliminary plan of purchases is effective before approval (refining) of the annual plan of purchases.

The data on purchases provided in the preliminary plan of purchases are subject to transfer in the annual plan of purchases.

The plan(s) of purchases affirm (are specified) by the first head of the Customer or other authorized person and (or) collegiate organ of the Customer within twenty working days from the date of receipt of the statement of the minutes of collegiate organ on approval (refining) of the relevant budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) agreement signatures on accomplishment of the state task.

7. The following data shall contain the plan(s) of purchases:

1) identification code of purchase;

2) the nomenclature of goods, works, services according to the reference book, including the amounts allocated for implementation of purchases taking into account and excluding tax on value added (further - the VAT);

3) methods and terms of implementation of purchases;

4) the planned terms and the place of delivery of goods, performance of works, rendering services;

5) the planned delivery dates of goods, performance of works, rendering services according to the schedule and breakdown by years within the allocated and provided amounts for each financial year;

6) in case of availability advance payment (advance payment) in percentage equivalent;

7) name of the initiator of purchases.

8. When scheduling purchases the Customer shall divide uniform goods, works, services into Items in the place of their delivery (accomplishment, rendering), except for:

1) purchases of goods, works, services providing complex of the interconnected goods, works, services;

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

In case of availability at least five places of deliveries of goods, rendering services are allowed specifying in Item of several places of deliveries of goods, rendering services.

9. Are not subject to inclusion in the procurement plans (the preliminary plan of purchases) of the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, the data according to the state defensive order and (or) containing the office information of limited distribution determined by the Government of the Republic of Kazakhstan and also the procurements conducted according to subitems 5) and 16) Item 201 of these rules.

10. Approval (refining) of procurement plans in the amount which is not corresponding to the budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) contracts for accomplishment of the state task is not allowed.

11. The customer within ten working days from the date of approval of procurement plan (the preliminary plan of purchases) shall place it on the web portal of purchases.

12. The customer shall make changes, additions to the plan(s) of purchases in cases:

modification, amendments in approved (the production program, and (or) investing program, and (or) the budget, and (or) the development plan, and (or) the business plan, and (or) the profit and loss budget), contracts for accomplishment of the state task;

the reduction/increase in the prices of the goods, works and services planned to purchase revealed as a result of marketing researches up to decision making about implementation of the procedure of purchases.

13. The customer has the right to make changes and (or) additions to the plan(s) of purchases:

in case of funds redistribution within the approved budget and (or) to Items of procurement plans;

due to the formed economy following the results of the carried-out purchases.

14. The customer within five working days from the date of decision making about modification and (or) amendments in procurement plan shall place the made changes and (or) additions on the web portal of purchases.

15. The decision on implementation of purchases is made by the Customer based on the approved (specified) procurement plan.

16. Purchase of goods, the works, services which are not provided by the approved (specified) procurement plan (the preliminary plan of purchases, the long-term plan of purchases), except for purchases of goods, works, services according to subitems 5) and 15) of Item 201 of these rules is not allowed.

The customer has the right to perform the procedures of purchases concerning the choice of the supplier of goods, works, services according to the approved preliminary plan of purchases of goods, works and services before approval of the relevant budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) the contract for accomplishment of the state task) both the plan(s) of purchases, and the made changes and (or) additions to them.

At the same time, the agreement is conclusion condition approval of the relevant budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) contracts for accomplishment of the state task) and the plan(s) of purchases and the made changes and (or) additions to them for goods, works, services concerning which the procedures of purchases concerning the choice of the supplier were performed.

17. The choice of the supplier of goods, works, services is performed according to the procedure, determined by these rules, except as specified, stipulated in Item 201 these rules.

18. When implementing purchases the tender method by the operator in the sphere of purchases provides confidentiality of tender price offers of potential suppliers before summing up purchases.

Access to viewing of applications for participation in this tender of other potential suppliers is provided to the potential suppliers who submitted the application for participation in the tender from the date of placement of the protocol of results of purchases.

19. The customer to the conclusion the agreement has the right to refuse implementation of purchases in cases:

1) expense reductions on purchase of goods, the works, services provided in the approved (specified) procurement plans (the preliminary annual plan of purchases), the relevant budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) which happened when refining (adjustment) and (or) the contract for accomplishment of the state task;

2) modification and amendments of the strategic plan, the budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) the contracts for accomplishment of the state task excluding need of purchase of goods, works, the services provided in the approved (specified) procurement plans (the preliminary annual plan of purchases), according to the legislation of the Republic of Kazakhstan.

At the same time modification and amendments in procurement plans (the preliminary annual plan of the purchases) directed to acquisition of such goods, works, services in the current year is not allowed.

In case of refusal from purchases of costs, incurred by the potential supplier, are not compensated.

20. The web portal automatically sends notifications to the persons participating in the carried-out purchases about the decision made by the Customer or the Organizer of purchases, specified in Item 19 of these rules.

Chapter 5. Principles of implementation of purchases

21. Implementation of purchases is based on the principles:

1) optimum and effective expenditure of the money used for purchases;

2) openness and transparency of process of purchases;

3) provisions to potential suppliers of equal opportunities for participation in process of purchases;

4) fair competition among potential suppliers;

5) responsibility of participants of purchases;

6) non-admissions of corruption manifestations.

Chapter 6. Methods of procurement

22. Procurements are conducted by the following methods:

1) tender (open tender);

2) request of price offers;

3) from one source;

4) the guaranteed order;

5) auction.

The method of implementation of purchases is determined by the Customer according to these rules.

At the same time purchase of goods, works, services, data on which constitute the state secrets and (or) data constituting the state defensive order according to the legislation on the state defensive order and (or) containing the office information of limited distribution determined by the Government of the Republic of Kazakhstan are performed using special procedure.

Chapter 7. The restrictions connected with participation in procurement

23. The potential supplier has no right to participate in the carried-out purchases if:

1) close relatives, the spouse (spouse) or cousins-in-laws of the first heads of this potential supplier and (or) the authorized representative of this potential supplier have power of decision about the choice of the supplier or are customer representative or the Organizer of purchases in the carried-out purchases;

2) the potential supplier and (or) his worker, and (or) its affiliate participated in quality of the general designer or subdesigner in development of the feasibility statement and (or) project (project and estimate) documentation on asset construction which is subject of the carried-out purchases, except for participations of developer of the feasibility statement in purchases on development of project (project and estimate) documentation.

This requirement does not extend to the projects realized according to international standards of construction;

3) the head of the potential supplier applying for participation in procurement was connected with management, organization, participation in the authorized capital of the legal entities who are in the register of unfair participants of purchases;

4) the head of the potential supplier applying for participation in procurement is the physical person performing business activity, included in the register of unfair participants of purchases;

5) the potential supplier who is the physical person performing business activity, applying for participation in procurement is the head of the potential supplier who is included in the register of unfair participants of purchases;

6) the potential supplier consists in the register of unfair participants of purchases;

7) the potential supplier and (or) the subcontractor (collaborator) attracted by him have unexecuted obligations according to executive documents and are included by the authorized body enabling the realization of state policy and state regulation of activities in the sphere of ensuring execution of executive documents in the register of debtors.

This requirement does not extend to the potential suppliers and suppliers determined in the cases provided by subitems 1) and 6) of Item 201 of these rules;

8) the potential supplier and (or) the subcontractor (collaborator), and (or) their head, founders (shareholders), workers attracted by him are included in the list of the organizations and faces tied with financing of terrorism and extremism, according to the procedure, established by the legislation of the Republic of Kazakhstan;

9) the potential supplier is legal entity whose place of registration is the state or the territory included in the approved authorized body performing management in the sphere of ensuring receipts of taxes and payments in the budget, the list of the states with the preferential taxation (offshore zones);

10) the potential supplier (supplier) is recognized as the pseudo-entrepreneur according to the legislation of the Republic of Kazakhstan.

24. The potential supplier and affiliirovanny face of the potential supplier have no right to participate in one lot of the tender.

25. The customer for the benefit of whom procurements are conducted has no right to participate in such purchases as the potential supplier.

26. The restrictions connected with participation in procurement provided by subitems 1), 3), 4), 5), 6), 7), 8), 9) and 10) Item 23 of these rules are determined by the web portal automatically.

When implementing purchases using special procedure for restriction, connected with participation in procurement provided by subitems 1), 3), 4), 5), 6), 7), 8), 9) and 10) Item 23 of these rules are determined by means of the web portal.

27. Violations of requirements of the subitem 2) of Item 23 of these rules can be established by the Customer, the Organizer of purchases centralized by service on control of purchases at any stage of implementation of purchases.

28. The centralized service on control of purchases no later than five working days from the date of factual determination of violation of requirements of the subitem 2) of Item 23 of these rules in writing notifies on it:

1) the Customer if such fact is determined after the conclusion the agreement;

2) the Organizer of purchases if such fact is determined to the conclusion the agreement;

At the same time the copies of documents confirming this fact are attached to the notification.

29. Insurance agents and insurance brokers have no right to participate in the purchases on provision of services connected with the conclusion of the insurance contract.

Chapter 8. Procedure for determination of the Organizer of purchases

30. For performing procedures of the organization and carrying out purchases the Customer determines the Organizer of purchases and the official of the Customer representing the interests of the last in the forthcoming purchases, except as specified, when the Customer and the Organizer of purchases act in one person.

31. As the organizer of purchases the Customer on behalf of the structural division or the worker, the actionee of procedures of the organization and carrying out purchases can act.

32. The customer has the right to determine the Organizer of purchases of the organization, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company.

33. The customer has the right to act as the Organizer of purchases for the organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company.

34. The customer has the right for the organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company, to determine among them the Organizer of purchases.

35. The organizer of purchases determines the official representing him in relations with the Customer, except as specified, when the Customer and the Organizer of purchases act in one person, potential suppliers, the relevant commissions and the expert. The representative Organizatora of purchases is determined from number of persons employed of structural division, the actionee of procedures of the organization and carrying out purchases.

Chapter 9. The qualification requirements imposed to the potential supplier

36. The following qualification requirements are imposed to potential suppliers:

1) to have legal capacity (for legal entities and physical persons) and civil capacity to act (for physical persons);

2) not to have the tax debt exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;

3) not to be subject to insolvency proceeding or liquidation;

4) to have material, the manpower sufficient for obligation fulfillment according to the purchase agreement;

5) experience in delivery of the purchased goods (performance of works, rendering services);

6) to be financially steady.

At the same time the Organizer of purchases has the right to establish the qualification requirement provided by the subitem 1) of this Item when implementing purchases by method of request of price offers.

37. Establishment of the qualification requirements specified in subitems 1) and 4) of Item 36 of this Chapter which directly do not follow from need of accomplishment of agreement obligations about purchases of goods, works, services is not allowed.

38. The potential supplier in confirmation of its compliance to qualification requirements, stipulated in Item 36 these rules, submits to the Organizer of purchases the relevant documents provided by these rules.

39. The potential nonresident supplier of the Republic of Kazakhstan in confirmation of its compliance to the qualification requirements established by this Chapter submits the same documents, as residents of the Republic of Kazakhstan, or the documents confirming similar data on qualification of the potential nonresident supplier of the Republic of Kazakhstan.

40. Legal capacity of the potential supplier performing types of activity on occupation which receipt of permission, the direction of the notification is necessary proves to be true by means of information systems of bodies according to the legislation of the Republic of Kazakhstan on informatization.

In case of lack of data in information systems of bodies the potential supplier represents notarially attested copy of the corresponding permission (notification) received (directed) according to the legislation of the Republic of Kazakhstan.

41. Experience in the market of the purchased goods, services of the potential supplier, can be established in the tender documentation up to 5 (five) years.

At the same time experience in the market of the purchased works of the potential supplier, can be established in the tender documentation according to the following criteria:

1) one year if the allocated amount on implementation of purchases by method of the tender (lot) exceeds the twenty-five-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

2) two years if the allocated amount on implementation of purchases by method of the tender (lot) exceeds the fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

3) three years if the allocated amount on implementation of purchases by method of the tender (lot) exceeds the hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

4) four years if the allocated amount on implementation of purchases by method of the tender (lot) exceeds the hundred-fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

5) five years if the allocated amount on implementation of purchases by method of the tender (lot) exceeds the two hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year.

42. The qualification requirements established by subitems 1), 2) and 3) of Item 36 of these rules extend also to the physical persons performing business activity and legal entities whom the potential supplier provides to attract as subcontractors on performance of works or collaborators on rendering the services which are subject of the carried-out purchases.

The potential supplier who provides involvement of subcontractors (collaborators) of works or services shall submit to the Organizer of purchases the documents confirming compliance of the attracted subcontractors (collaborators) of works or services to the qualification requirements established by subitems 1), 2) and 3) of Item 36 of these rules.

In case of involvement of subcontractors (collaborators) for accomplishment of separate work types or services the documents confirming their compliance to the qualification requirements established by subitems 1), 2) and 3) of Item 36 of these rules in part one of Item 36 of Rules are represented on the work types which are carried out by them, services.

43. Qualification requirement in the form of financial stability of the potential supplier are established to potential suppliers, when implementing purchases of installation and construction works.

44. Financial stability of the potential supplier is determined by the web portal automatically based on the following data of bodies of the income:

1) income;

2) the paid taxes;

3) fixed assets;

4) salary fund.

45. The potential supplier, is recognized financially steady if he corresponds in total to the following conditions:

Income of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues constitutes 1) more chetyrestatysyachekratny size of the monthly settlement indicator established for the corresponding financial year or the one second part of the amount allocated for purchase implementation suffices;

The indicator of the paid taxes within three years preceding previous year according to data of information systems of bodies of state revenues constitutes 2) at least two whole five tenth percent (% 2,5) of the income of the potential supplier specified in the subitem 1) of this Item.

For the purposes of these rules measure calculation of the paid taxes is determined according to data of information systems of bodies of state revenues on the following formula:

PUN = UN / D x 100%,

where:

PUN - indicator of the paid taxes;

UN - the amount of the paid taxes within three years preceding previous year according to data of information systems of bodies of state revenues;

Д - the amount of the income of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues;

The annual average cost of fixed assets of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues constitutes 3) more chetyrestatysyachekratny size of the monthly settlement indicator established for the corresponding financial year or the one fifteenth part of the amount allocated for implementation of public procurement suffices;

4) the salary fund of workers of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues are constituted more chetyrestatysyachekratny size of the monthly settlement indicator established for the corresponding financial year or the one fifteenth part of the amount allocated for purchase implementation suffices.

46. Qualification requirements do not extend to cases of implementation of purchases by method from one source, stipulated in Item 201 these rules.

47. Establishment of other qualification requirements which are not provided by these rules is not allowed.

Chapter 10. Consequences of provision by the potential supplier of unreliable information

48. The potential suppliers or suppliers who provided unreliable information on the qualification requirements and (or) documents influencing the price offer join in the register of unfair participants of purchases according to the procedure, established by these rules.

49. Accuracy of the information, the presented potential supplier and (or) the supplier, can be established by the Customer, the Organizer of purchases centralized by service of purchases of the Customer, authorized body in the sphere of purchases or bodies of the state audit and financial control at any stage of implementation of purchases.

50. Authorized body in the sphere of purchases, and (or) the bodies of the state audit and financial control and (or) centralized service which determined the fact of provision by the potential supplier of unreliable information on the qualification requirements and (or) documents influencing the price offer no later than five working days from the date of establishment of such fact in writing notify on it:

1) the Customer if such fact is determined after summing up purchases;

2) the Organizer of purchases if such fact is determined before summing up purchases.

At the same time copies of the documents confirming this fact shall be attached to the written notice.

Chapter 11. Organization and carrying out purchases by method of request of price offers

Paragraph 1. General provisions

51. Purchases by method of request of price offers are carried out on uniform goods, works, services if annual amounts of such uniform goods, works, services in value term do not exceed the eight-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

52. Crushing of purchasing amount of uniform goods, works, services within financial year on parts, the size of one of which less provided by this Chapter, is not allowed for the purpose of application of method of request of price offers.

53. The organizer of purchases when implementing purchases by method of request of price offers has the right to establish the qualification requirement provided by the subitem 1) of Item 36 of these rules.

54. Purchase of the goods and services which are in the list according to appendix 2-1 to these rules is performed among the potential suppliers who received in accordance with the established procedure the industrial certificate.

55. In case of recognition not taken place the procurements conducted among the potential suppliers who received in accordance with the established procedure the industrial certificate on the basis provided by the subitem 1) of Item 69 of these rules, the customer makes the decision on the implementation of purchases among other potential suppliers according to the procedure established by these rules.

In case of recognition not taken place the procurements conducted among the potential suppliers who received in accordance with the established procedure the industrial certificate on the basis provided by the subitem 2) of Item 69 of these rules, procurement is conducted from one source at the potential supplier who submitted the application for participation in this tender according to the procedure established by these rules.

Paragraph 2. Notice on carrying out purchases by method of request of price offers

56. The organizer of purchases 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 purchases 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 purchases with indication of the allocated amounts;

2) the short description of the purchased goods, works, services 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 in the technical specification required functional, technical, quality and operational characteristics of the purchased goods, works, services 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;

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, developed on the basis of standard agreements with indication of the technical specification;

7) qualification requirements (are established at the discretion of the Organizer of purchases and (or) the Customer depending on specifics of purchases).

The publication on the web portal of announcements of carrying out purchases is performed by method of request of price offers in working hours.

At the same time reception of quotations begins from 9:00 o'clock on time of the city of Nour-Sultan from the date of following behind day of the publication on the web portal of the announcement of carrying out purchases by method of request of price offers.

57. In the placed information, stipulated in Item 56 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 allowed.

In the placed information it is forbidden to establish conditions which involve restriction of number of potential suppliers, in the following cases:

establishment of work experience in the field of the carried-out purchases and availability of the certified workers;

not specifying of information on quantity, bases of delivery of the purchased goods, works and services.

Paragraph 3. Submission of price offers by potential suppliers

58. The potential supplier represents only one price offer containing the data provided by these rules, modification and (or) amendments in which is not allowed.

The response by potential suppliers of the submitted price proposals before the expiration of their representation is allowed. At the same time repeated submission of price offers with the made changes before the expiration of their representation is allowed.

59. Submission of the price offer by the potential supplier is form of expression of its consent to perform delivery of goods, performance of works, rendering services with observance of the conditions provided in the draft agreement and in the technical specification.

60. The price proposal of the potential supplier joins all expenses connected with delivery of goods and its commissioning (if necessary), performance of works, rendering services.

61. The price offer is submitted the potential supplier by means of the web portal to the Organizer of purchases before the termination of term of the reception of quotations specified in the announcement in form according to appendix 3 to these rules.

62. The price offer is deemed accepted after automatic sending by the web portal of the adequate notice to the potential supplier who submitted the price proposal.

Paragraph 4. Comparison of price offers and summing up purchases by method of request of price offers

63. After the term of submission of price offers the web portal makes automatic comparison of price offers and summing up purchases by method of request of price offers.

64. The winner the potential supplier who offered the smallest price offer is recognized.

65. The potential supplier who took the second place is determined on the basis of the price, following after the smallest price offer.

66. If the smallest price offer is provided by several potential suppliers, the winner the potential supplier whose price proposal arrived earlier price proposals of other potential suppliers is recognized.

67. If during the term of submission of price offers only one price proposal of the potential supplier, such purchases automatically is provided by the web portal are recognized cancelled, and the Organizer of purchases conducts procurement by method from one source at the potential supplier who provided this price offer. At the same time the price of the signed agreement shall not exceed the price proposal of the potential supplier.

68. If during the term of submission of price offers any price proposal of potential suppliers, such purchases automatically is not provided by the web portal are recognized cancelled.

Paragraph 5. Bases of recognition of purchase by cancelled

69. Purchases by method of request of price offers are recognized cancelled on one of the following bases:

1) lack of price offers;

2) representations less than two price offers.

70. The price proposal of the potential supplier is subject to automatic variation the web portal in cases:

1) if it exceeds the amount allocated for acquisition of these goods, works, services;

2) provided by subitems 1), 3), 4), 5), 6), 7), 8), 9) and 10) Item 23 of these rules;

3) if the price proposal of the potential supplier acknowledged dumping, automatically is rejected at summing up stage. At the same time information on variation for representation of dumping price is reflected in the protocol on results of purchases by method of request of price offers;

4) lack of the corresponding legal capacity, established by the Organizer of purchases.

71. The price proposal of the potential supplier is not subject to variation on other bases.

72. The protocol on results of purchases by method of request of price offers is placed on the web portal automatically after their leading in form according to appendix 4 to these rules.

73. If purchases by method of request of price offers are acknowledged cancelled, the Customer has the right:

1) repeatedly to carry out purchases by method of request of price offers;

2) to change conditions of purchases and to repeatedly carry out purchases by method of request of price offers;

3) to conduct procurement by method from one source.

This Item is applied on purchases of the goods and services which are in the list of the conditions of the these rules provided by Items 54 and 55 provided in appendix 2-1 to these rules with observance.

74. The decision provided by the subitem 3) of Item 73 of these rules shall be accepted the Customer within 15 (fifteen) working days, from the date of, the approval of results of purchases following behind day.

The purchases provided by the subitem 1) of Item 73 of these rules shall be announced by the Organizer of purchases no later than 15 (fifteen) working days, from the date of, the signing of the protocol of results of purchases following behind day by method of request of price offers in time.

Chapter 12. Procurement procedure by tender method

Paragraph 1. Procurement procedure by method of open tender

75. The organization and carrying out purchases by tender method, provides accomplishment of the following consecutive events:

1) determination by the Customer Organizatora of purchases, except as specified, when Zakazchik and Organizator of purchases act in one person and the authorized representative of the Customer representing the interests of the last in the forthcoming tender;

2) provision by the Customer Organizatoru of purchases of information and documents for the organization and carrying out purchases by method of the tender or representation by the Customer Organizatoru of purchases of task for the organization and carrying out purchases by tender method;

3) the direction the Customer and (or) the Initiator of purchases to the Organizer of purchases, by means of the web portal of Items of procurement plan (the preliminary plan of purchases, the plan of long-term purchases), the approved qualification requirements, the technical specification and the project the agreement for performing procedures of the organization and carrying out purchases by tender method;

4) determination and statement of structure of the tender commission, structure of commission of experts or expert (if necessary), determination of the secretary of the tender commission;

5) placement by means of the web portal of the draft of the tender documentation for preliminary discussion by means of the web portal and placement on the web portal of the protocol of preliminary discussion of the draft of the tender documentation;

6) approval of the draft of the tender documentation and acquaintance of the tender commission with conditions of the tender documentation by means of the web portal;

7) placement on the web portal of the announcement of implementation of purchases by tender method, and also the text of the approved tender documentation;

8) submission by potential suppliers of applications for participation in the tender in electronic form and their automatic registration on the web portal;

9) automatic opening of requests and placement on the web portal of the relevant protocol of opening;

10) consideration by the tender commission by means of the web portal of applications for participation in the tender of potential suppliers regarding their compliance to qualification requirements and requirements of the tender documentation, and also lack of restrictions, stipulated in Item 23 these rules;

11) reduction by potential suppliers of the applications for participation in the tender in compliance with qualification requirements and requirements of the tender documentation;

12) de novo review of applications for participation in the tender of the potential suppliers brought into accord with qualification requirements and requirements of the tender documentation;

13) determination of potential suppliers who conform to qualification requirements and requirements of the tender documentation, and recognition by their participants of the tender, and also use of relative values of criteria to tender price offers of participants of the tender;

14) automatic comparison by the web portal of the conditional prices of participants of the tender, determination of the winner of the tender on the basis of the smallest conditional price, and also the potential supplier who took the second place, and placement on the web portal of the protocol on results of purchases by tender method;

15) the conclusion the Customer of the contract with the winner based on the protocol on results of purchases by tender method.

The actions provided by this Item are not performed when purchasing, data on which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, data on the state defensive order according to the legislation of the Republic of Kazakhstan on the state defensive order and (or) contain office information of limited distribution.

The actions provided by the subitem 5) of this Item of Rules are not performed when purchasing the works requiring the design estimates where instead of the technical specification the tender documentation contains the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan.

Paragraph 2. Provision by the Customer Organizatoru of purchases of information and documents for the organization and carrying out purchases by tender method

76. The organization and carrying out purchases by method of the tender is performed by the Organizer of purchases and (or) the Customer based on the representation by the customer and (or) Initiator of purchases of the request for implementation of purchases in the Kazakh and Russian languages containing the following documents:

1) the request for carrying out the tender signed by the first head of the Customer or person authorized by it and (or) the Initiator of purchases;

2) the qualification requirements approved by the first head of the Customer or person authorized by him in forms according to appendix 2, 3, 4 and 5 to the tender documentation, the technical specification in form according to appendix 6 to the tender documentation, the draft agreement developed on the basis of the standard agreements which are integral part of the tender documentation and structure of commission of experts or the expert of purchases in case of need of its creation (attraction).

When implementing purchases of the works requiring the design estimates instead of the technical specification the tender documentation shall contain the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan. In addition to the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan, the tender documentation shall contain the electronic copy of positive experimental testimony.

In the tender documentation 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 allowed.

77. Purchase of the goods and services which are in the list provided in appendix 2-1 to these rules is performed among the potential suppliers who received in accordance with the established procedure the industrial certificate.

In case of recognition not taken place the procurements conducted among the potential suppliers who received in accordance with the established procedure the industrial certificate on the basis provided by the subitem 1) of Item 186 of these rules, the customer makes the decision on the implementation of purchases among other potential suppliers according to the procedure established by these rules.

In case of recognition not taken place the procurements conducted among the potential suppliers who received in accordance with the established procedure the industrial certificate on the basis provided by the subitem 2) of Item 186 of these rules, procurement is conducted from one source at the potential supplier who submitted the application for participation in this tender according to the procedure established by these rules.

Paragraph 3. Determination and statement of structure of the tender commission, structure of commission of experts or expert (if necessary), determination of the secretary of the tender commission

78. For performing procedures of the organization and carrying out purchases by tender method the Organizer of purchases shall approve structure of the tender commission and the secretary of the tender commission. The decision on creation of the tender commission and determination of the secretary of the tender commission is accepted by the first head of the Customer or person authorized by it.

79. If as the Organizer of purchases the Customer directly or on behalf of the structural division, or the worker, the actionee of procedures of the organization and carrying out purchases acts, the decision on creation of the tender commission and determination of the secretary of the tender commission is accepted by the first head of the Customer or person authorized by it.

80. Members of the tender commission are the chairman, the vice-chairman and other members of the tender commission. Members of the tender commission consider requests and take part in vote.

The total quantity of members of the tender commission constitutes odd number, but at least three people.

The tender commission is effective from the date of entry into force of the decision on its creation and stops the activities in day of the conclusion of the agreement.

81. The first head, the deputy first head or other head of the Customer (The organizer of purchases) acts as the chairman of the tender commission. During absence of the chairman of the tender commission its functions are performed by the vice-chairman of the tender commission.

Chairman of the tender commission:

1) directs activities of the tender commission;

2) performs other functions provided by these rules.

82. The decision of the tender commission is made by vote by means of the web portal and deemed accepted if for it the majority of votes from total quantity of members of the tender commission is given. In case of equality of votes the decision for which the chairman of the tender commission voted is deemed accepted.

In case of disagreement with the decision of the tender commission any member of this tender commission has the right to special opinion which is placed on the web portal in the form of the electronic copy of the document.

In case of lack of the signature of any member of the tender commission, in the relevant protocols of the tender commission the secretary of the tender commission on the web portal the document or information containing signature absence reason is placed.

In the presence at any of members of the tender commission of conflict of interest, notifies this person about it the secretary of the tender commission about what entry in the protocol on results of open tender is made. At the same time this person does not take part in adoption of the decision by the tender commission.

83. Organizational activities of the tender commission are provided with the secretary of the tender commission. The secretary of the tender commission is not member of the tender commission and has no right to vote in case of adoption of decisions by the tender commission.

The secretary of the tender commission is determined from number of persons employed of structural division of the Organizer of purchases responsible for the organization and carrying out purchases.

Secretary of the tender commission:

Creates 1) and places the draft of the tender documentation on the web portal;

2) is placed on the web portal by the announcement of carrying out the tender, the protocol of preliminary discussion of the draft of the tender documentation, the protocol of opening of applications for participation in the tender, the protocol of the preliminary admission to participation in the tender in case of its availability, the protocol on results of purchases by tender method, and also other documents on the web portal in case of their availability;

3) is placed on the web portal by the conclusion of commission of experts or expert in case of their availability;

4) performs other functions provided by these rules.

84. For development of the specification and (or) the technical specification of the purchased goods, works, services, the Customer if necessary creates commission of experts or involves the expert.

Under the organization and carrying out purchases by tender method the Organizer of purchases in case of need forms commission of experts or determines the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers, the technical specification which is integral part of the tender documentation.

The decision on creation of commission of experts or on involvement of the expert is accepted by the first head Organizatora of purchases, or person authorized by it.

85. Under the organization and carrying out purchases of works where instead of the technical specification which is integral part of the tender documentation, the tender documentation contains the design estimates which passed the examination according to the legislation, the commission of experts is not created, the expert is not attracted.

86. Prior to carrying out the tender members of the tender commission, the secretary of the tender commission, and also commission of experts or the expert study the approved project the tender documentation and appendices to it.

87. Members of commission of experts are the chairman, the vice-chairman and other members of commission of experts. During absence of the chairman of its function the vice-chairman carries out. The total quantity of members of commission of experts shall constitute odd number and to be at least three people.

88. Under the organization and carrying out purchases by tender method the commission of experts or the expert draw the written expert opinion regarding compliance of the goods offered by potential suppliers, works, services to requirements of the technical specification of the tender documentation and have no right to vote in case of adoption of the decision by the tender commission.

89. The expert opinion is polistno initialed and signed by all members of commission of experts or the expert, in case of determination of the expert without creation of commission of experts, and attached to the protocol of the preliminary admission to participation in the tender, to the protocol on results of purchases on the web portal in the form of the electronic copy of the document certified by the digital signature of the secretary of the tender commission, except for when the expert expresses special opinion.

90. Determination by commission of experts regarding compliance of the goods offered by potential suppliers, works, services to requirements of the tender documentation is performed by open voting and deemed accepted if for it the majority of votes from total quantity of members of commission of experts is given.

91. In case of equality of votes, accepted is considered the decision for which the chairman of commission of experts or, in case of its absence, the vice-chairman voted.

92. In case of disagreement with the conclusion of commission of experts, any member of this commission of experts has the right to special opinion which is applied to the conclusion of commission of experts and accommodates on the web portal.

93. In case of lack of the signature of any member of commission of experts to the corresponding expert opinion the secretary of the tender commission on the web portal the document or information containing signature absence reason is placed.

Paragraph 4. The tender documentation, approval of the draft of the tender documentation and placement it on the web portal

94. The organizer of purchases for determination of conditions and procedure for carrying out the tender creates on the web portal in the Kazakh and Russian languages the tender documentation, according to appendix 5 to these rules, taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets.

95. The tender documentation, except qualification requirements, shall contain:

1) name and location of the Organizer of purchases;

2) 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 are specified.

At the same time the technical specification may 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.

The technical specification may contain the requirement about provision of letters from manufacturing plants, technical data sheets, certificates of conformity of products and other documents confirming quality and origin of the purchased goods.

When implementing purchases of the works requiring the design estimates instead of the technical specification the tender documentation shall contain the design estimates approved in accordance with the established procedure, including the positive conclusion of non-departmental (departmental) examination. At the same time, terms of performance of works on such purchases shall correspond to the normative terms of performance of works specified in the design estimates approved in accordance with the established procedure.

In case of purchase of works on construction, reconstruction and capital repairs of highways lasting more than twelve months the Customer has the right to provide the requirement about availability of own means or possibility of attraction of borrowing facilities of the amount of equal value of amounts of the three-months purchased works;

3) goods quantity, amounts of the performed works, the rendered services which are subject of the carried-out purchases;

4) place of delivery of goods, performance of works, rendering services;

5) desired delivery dates of goods, performance of works, rendering services, provision of a guarantee on quality of the offered goods, works, services;

6) terms of payment and project agreement;

7) criteria, except the price on the basis of which the winner of the tender, including relative value of each of such criteria and calculation of the conditional price will be determined;

8) requirements to contents of the tender price offer, including specifying, in addition to the price of the purchased goods, works, services, expenses on their transportation and insurance, payment of customs duties, taxes and fees, commissioning, and also other expenses provided by delivery conditions of goods, performance of works, rendering services less tax amount on value added;

9) currency or currencies in which the tender price offer of the participant of the tender, and rate which will be applied to reduction of the conditional price to common currency for the purpose of their comparison and assessment shall be expressed;

10) requirements to language of creation and submission of applications for participation in the tender, the agreement according to the legislation of the Republic of Kazakhstan on languages;

11) introduction conditions, content and types of tender security on participation in the tender;

12) specifying on the right of the potential supplier to change or withdraw the application for participation in the tender before the expiration of final term of their representation;

13) procedure, method and final term of submission of applications for participation in the tender and required effective period of applications for participation in the tender;

14) procedure for preliminary discussion of the draft of the tender documentation;

15) date and time of opening of applications for participation in the tender;

16) description of the procedure of opening of applications for participation in the tender, considerations of applications for participation in the tender, estimates and comparisons of tender price offers;

17) the information about customer representatives and the Organizer of purchases, representatives to represent them in the forthcoming purchases by tender method;

18) conditions, types, amount and method of introduction of ensuring execution the agreement, ensuring return of advance payment (in case of establishment of advance payment);

19) data on the amounts allocated for purchase of goods, works, services, which are subject the carried-out purchases by tender method.

The tender documentation can contain also other additional data allowing potential suppliers to obtain the most complete information about conditions the carried-out purchases.

96. In the tender documentation it is forbidden to establish conditions which involve restriction of number of potential suppliers, in the following cases:

establishment of work experience in the field of the carried-out purchases and availability of the certified workers when procurements of the goods, works and services which are not requiring such experience and the certified workers are conducted;

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