ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2021 No. 1254

About approval of Rules of the conclusion and execution of the ofteyk-contract for certain subjects of the quasi-public sector, except for National welfare fund and the organizations of National welfare fund

According to the subitem 9) 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 the conclusion and execution of the ofteyk-contract for 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 on execution of the actions provided by subitems 1) and 2) of this Item.

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

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of November 30, 2021 No. 1254

Rules of the conclusion and execution of the ofteyk-contract for certain subjects of the quasi-public sector, except for National welfare fund and organizations of National welfare fund

Chapter 1. General provisions

1. These rules of the conclusion and execution of the ofteyk-contract for certain 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 9) of article 13 of the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector" (further - the Law), the Civil code of the Republic of Kazakhstan, "About joint-stock companies", "About the electronic document and the electronic digital signature" and "About informatization" and determine procedure for the conclusion and execution of the ofteyk-contract for certain subjects of the quasi-public sector, except for Fund and the organizations of Fund.

2. In these rules the following concepts are used:

1) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), consortium, purchase agreements applying for the conclusion;

2) the ofteyk-contract - the agreement signed between the customer and the supplier on delivery of goods which the supplier plans to make and provide its delivery in the future, on in advance resolutive conditions at the cost, quantity (amount) and delivery dates;

3) the web portal of purchases (further - the web portal) - the information system providing carrying out purchases in electronic format according to the Law and rules of implementation of purchases;

4) 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 possess national managing holdings, national holdings, the national companies, and also social business corporations, except for legal entities, 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 companies, delivered in trust management to physical persons or non-state legal entities with the right of the subsequent redemption;

5) 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;

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

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

Chapter 2. Procedure for the conclusion of the ofteyk-contract

3. Ofteyk-kontrakt consists on delivery of goods which are planned to production and are delivered in the future, on in advance resolutive conditions at the cost, quantity (amount) and delivery dates by means of the web portal.

4. The customer on the basis of the commercial offers provided by means of the web portal at the initiative of potential suppliers and (or) at the request of the customer determines the supplier with respect for the principle of the implementation of purchases provided by the subitem 1) of article 4 of the Law and signs with it the ofteyk-contract by means of the web portal.

5. Commercial offers are presented in the form of price lists with the description of characteristics of the delivered goods and supporting documents.

6. Commercial offers at the request of the customer and (or) at the initiative of potential suppliers are represented by means of the web portal.

7. The draft of the ofteyk-contract is signed by the Customer for the purpose of the conclusion of the agreement sends by means of the web portal to the potential supplier, certified by the electronic digital signature.

The draft of the ofteyk-contract is signed (makes sure the electronic digital signature) by the potential supplier within 5 (five) working days from the date of obtaining it by means of the web portal.

In case of not signing by the potential supplier of the draft of the ofteyk-contract within 2 (two) working days from the date of the expiration established by part two of this Item, the customer withdraws the draft of the ofteyk-contract sent to this potential supplier.

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