ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of November 24, 2021 No. 1215

About approval of Rules of forming and maintaining the register in the sphere of purchases of certain subjects of the quasi-public sector, except for National welfare fund and the organizations of National welfare fund

According to the subitem 6) article 13 of the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector" PRIKAZYVAYU:

1. Approve the enclosed Rules of forming and maintaining the register in the sphere of purchases of certain subjects of the quasi-public sector, except for National welfare fund and the organizations of National welfare fund.

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 of the Republic of Kazakhstan:

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 about execution of the actions provided by subitems 1) and 2) of this Item.

3. This order becomes effective since January 1, 2022 and is subject to official publication.

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of November 24, 2021 No. 1215

Rules of forming and maintaining the register in the sphere of purchases of certain subjects of the quasi-public sector, except for National welfare fund and the organizations of National welfare fund

Chapter 1. General provisions

1. These rules of forming and maintaining the register in the sphere of purchases of subjects of the quasi-public sector, except for National welfare fund and the organizations of National welfare fund (further - Fund) (further - Rules) are developed according to the subitem 6) of article 13 of the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector" (further - the Law) and determine procedure for forming and maintaining the register in the sphere of purchases of subjects of the quasi-public sector, except for Fund and the organizations of Fund.

2. The register in the sphere of purchases of subjects of the quasi-public sector is created in the Kazakh and Russian languages in electronic form by means of the web portal of purchases (further - the web portal) in information system of electronic procurement which conform to requirements of article 10 of the Law and the subitem 6) of article 13 of the Law.

3. The data containing in the register in the sphere of purchases of certain subjects of the quasi-public sector are placed on the web portal and are available to acquaintance to interested persons without collection of payment.

4. Legal relations which are not settled by these rules are regulated according to requirements of the Administrative procedural Procedure Code of the Republic of Kazakhstan.

5. The register in the sphere of purchases of certain subjects of the quasi-public sector, except for Fonda and the organizations of Fund, is - the register of unfair participants of purchases.

Chapter 2. Procedure for forming and maintaining register of unfair participants of purchases

6. The register of unfair participants of purchases represents the list:

1) the potential suppliers determined by winners, but who evaded from the conclusion of the agreement;

2) the potential suppliers or suppliers who provided unreliable information on the qualification requirements and (or) documents influencing the tender price offer;

3) the suppliers who did not fulfill or inadequate image fulfilled the obligations under the agreements signed with them.

In the case specified in the subitem 1) to part one of this Item the customer within 10 (ten) working days from the date of evasion of the potential supplier from the conclusion of the agreement to send the information about such potential supplier to centralized service on control of purchases (further - centralized service).

In the case specified in the subitem 2) to part one of this Item, the customer, the organizer of purchases no later than 30 (thirty) calendar days from the date of when they knew of the violation fact to appeal with the claim to court for recognition of such potential supplier or supplier by the unfair participant of purchases.

In the case specified in the subitem 3) to part one of this Item, the customer no later than 30 (thirty) calendar days from the date of when he knew of the fact of violation by the supplier of the agreement to appeal with the claim to court for recognition of such supplier by the unfair participant of purchases, except as specified payments by the supplier of penalty (penalty, penalty fee) and complete execution of contractual commitments by it.

7. The register of unfair participants of purchases is created on the basis:

decisions of centralized service in the case provided by the subitem 1) of part one of Item 2 of article 10 of the Law;

the judgment which took legal effect in the cases provided by subitems 2) and 3) of part one of Item 2 of article 10 of the Law.

8. If the potential supplier declared as the winner did not sign at the scheduled time the agreement by means of the web portal, such potential supplier the decision of centralized service made by means of the web portal in form according to appendix 1 to these rules automatically joins in the register of unfair participants of purchases.

9. In case of evasion of the potential supplier from agreement signature about purchases on paper at the scheduled time or evasion of the supplier from the conclusion of the agreement, the customer within 10 (ten) working days from the date of evasion from the conclusion of the agreement represents by means of the web portal to centralized service of the information about such potential supplier or the supplier in electronic form in form according to appendix 2 to these rules.

10. The potential supplier who evaded from the conclusion of the agreement joins in the register of unfair participants of purchases by the decision of centralized service made by means of the web portal in form according to appendix 1 to these rules.

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