ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 20, 2020 No. 127

About determination of special procedure for public procurements

According to the subitem 4) of Item 1 of the Presidential decree of the Republic of Kazakhstan of March 16, 2020 "About further stabilization efforts" the Government of the Republic of Kazakhstan DECIDES: No. 287

1. Approve the enclosed special procedure for public procurements.

2. To the Ministry of Finance of the Republic of Kazakhstan together with state bodies, directly subordinate and accountable to the President of the Republic of Kazakhstan (in coordination), the central state and local executive bodies to take the measures following from this resolution.

3. This resolution becomes effective from the date of its signing and is effective till December 31, 2020 inclusive, and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of March 20, 2020, No. 127

Special procedure for public procurements

1. General provisions

1. This special procedure for public procurements (further - procedure) No. 287 "About further stabilization efforts" is developed according to the subitem 4) of Item 1 of the Presidential decree of the Republic of Kazakhstan of March 16, 2020 and determines special procedure of public procurements for crisis situations.

Other relations which are not settled by this procedure are regulated according to the legislation of the Republic of Kazakhstan.

2. The concepts used in this procedure are applied according to the current legislation about public procurements and with other current legislation of the Republic of Kazakhstan.

3. Public procurements using special procedure are conducted in the period of crisis situations in cases:

1) purchases of goods, works, services, including goods, services of the state material reserve determined by the Interdepartmental commission on questions of public procurements created by the order of the Prime Minister of the Republic of Kazakhstan (further - the Commission);

2) purchases of goods, works, services at the potential suppliers determined by the Commission including within implementation of the budget investment projects;

3) purchases of goods at domestic producers on the basis of the data provided by authorized body in the sphere of development of local content.

4. Planning of public procurements using special procedure is performed according to the legislation on public procurements, except for the public procurements provided by the Section 3 presents of procedure.

At the same time, the requirements of the legislation on public procurements providing restrictions on the number of entering of changes into the annual plan of public procurements do not extend to the purchases provided by this procedure.

Application of the preliminary annual plan of public procurements for 2021 within this procedure is not allowed.

5. Public procurements using special procedure are conducted by one of the following methods:

1) request of price offers;

2) from one source;

3) tender.

The customer determines method of implementation of public procurements according to this procedure.

At the same time, in the case provided by the subitem 3) of part one of this Item, the customer has the right to make independently the decision on implementation of public procurements by tender method according to this procedure or article 13 of the Law of the Republic of Kazakhstan of December 4, 2015 "On public procurements" (further - the Law).

6. The list of potential suppliers - the domestic producers and goods made by them is determined by authorized body in the sphere of development of local content for implementation of public procurements by method of request of price offers.

7. The commission, including on offers of state bodies, directly subordinate and accountable to the President of the Republic of Kazakhstan, the central state and local executive bodies, determines the following:

1) criteria to goods, works, services and (or) the inventory, works, services which procurements are conducted by method from one source;

2) criteria to potential suppliers and (or) potential suppliers at whom customers will acquire goods, works, services as method from one source, including within implementation of the budget investment projects.

At the same time, determination of potential suppliers on public procurements within implementation of the budget investment projects which amount exceeds seven hundred fifty thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget is performed by the Commission in coordination with the President and the Prime Minister of the Republic of Kazakhstan;

3) criteria to works and services and (or) the list of works and services on which public procurements are conducted by tender method.

8. Inventories, the works, services provided by Items 6 and 7 of this Procedure are published on the web portal of public procurements (further - the web portal).

9. The potential supplier has no right to participate in the carried-out public procurements in case of availability at it of restrictions, the stipulated in Article 6 Laws.

10. In cases of evasion of the potential suppliers determined by winners from the conclusion of the agreement on public procurements or non-execution or not proper execution by the supplier of the contractual commitments which arose owing to introduction of emergency state, the customer does not take measures for inclusion of such potential suppliers or suppliers in the register of unfair participants of purchases and to application of penalties against them.

In cases of non-execution or improper execution of the contractual commitments which arose owing to introduction of emergency state, the customer after three working days from the date of the notification of the supplier on the specified facts has the right to terminate the agreement on public procurements unilaterally.

Payment under agreements on public procurements is performed in time, not exceeding five working days inclusive, from the date of obligation fulfillment under this agreement about public procurements.

On the relations which arose or arising according to the current legislation about public procurements, customers in the procedure established by the legislation take the measures following from this Item.

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