ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 17, 2022 No. 176

About approval of the Standard provision and Rules of work of conciliation commission

According to subitem 11-5) of article 16 of the Law of the Republic of Kazakhstan "About public procurements" PRIKAZYVAYU:

1. Approve enclosed:

1) the Standard provision of conciliation commission according to appendix 1 to this order;

2) Rules of work of conciliation commission according to appendix 2 to this order.

2. (Adilkhanov M. B.) 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 placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. This order becomes effective from the date of its signing.

Appendix 1

to the Order of the Minister of Finance of the Republic of Kazakhstan of February 17, 2022 No. 176

Standard provision of Conciliation commission

Chapter 1. General provisions

1. This Standard provision of conciliation commission is developed according to subitem 11-5) of article 16 of the Law of the Republic of Kazakhstan "About public procurements" (further - the Law).

2. Conciliation commission - the permanent collegiate organ created by the customer according to the procedure, determined by the Law, considering addresses of the potential suppliers included in the register of unfair participants of public procurements owing to evasion from the conclusion of the agreement on public procurements.

3. The conciliation commission in the activities is guided by the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Standard provision.

The conciliation commission organizes the work on the principles of openness, publicity, collective nature and impartiality.

Chapter 2. Structure and procedure for forming of conciliation commission

4. Customer representatives, National chamber of entrepreneurs of the Republic of Kazakhstan, representatives of industry associations (unions) accredited in National chamber of entrepreneurs of the Republic of Kazakhstan are part of conciliation commission.

5. The structure of conciliation commission affirms the order of the first head of the customer and constitutes at least 3 (three) members. In case of conflict of interest, the member of conciliation commission shall declare rejection. If necessary replacement of members and the secretary of conciliation commission is performed.

6. Effective period of conciliation commission is determined by the first head of the customer independently.

7. Are part of conciliation commission:

chairman of conciliation commission;

members of conciliation commission.

8. The chairman of conciliation commission determines the official not below the deputy first head of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties.

9. In structure of conciliation commission persons on the basis of professional activity in public procurements are elected.

10. Management of activities of conciliation commission is performed of the chairman of conciliation commission.

11. The chairman of conciliation commission within the powers:

performs the common directorship of activities of conciliation commission;

appoints date of meeting of conciliation commission;

approves the agenda of meeting of conciliation commission;

performs other functions provided by Rules of work of conciliation commission.

12. Members of conciliation commission within the powers:

participate in meetings of conciliation commission;

in case of impossibility of participation in meeting inform on it the secretary of conciliation commission;

request from the customer, the applicant, the single operator in the sphere of public procurements and other organizations information, materials and the explanations necessary for consideration of question of exception or about refusal in exception of the potential supplier of the register of unfair participants of public procurements;

participate in vote in case of decision making;

in case of need represent notes and offers on the questions which are within the competence of conciliation commission;

participate in discussion and development of decisions on the questions submitted for consideration of conciliation commission.

13. The chairman of conciliation commission and members of conciliation commission bear the personal responsibility for accomplishment of the tasks assigned to conciliation commission.

14. Secretary of conciliation commission:

creates the agenda of meeting of conciliation commission;

takes and draws up the minutes of conciliation commission;

provides conciliation commission with documents (materials) on the questions considered conciliation commission;

provides timely preparation of all required materials for the regular meeting of conciliation commission;

ensures safety of documents of conciliation commission.

The secretary of conciliation commission is not her member and has no right to vote in case of adoption of decisions by conciliation commission.

15. The meeting of conciliation commission is held in internal or correspondence procedure. The remote meeting by means of digital technologies providing remote interaction of members of conciliation commission among themselves with the potential supplier and his representative (by proxy), identification of specified persons, and also documentation of the actions made by them is in case of need held.

Appendix 2

to the Order of the Minister of Finance of the Republic of Kazakhstan of February 17, 2022 No. 176

Rules of work of conciliation commission

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