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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2021 No. 1253

About approval of Rules of implementation of purchases by certain subjects of the quasi-public sector, except for National welfare fund and organizations of National welfare fund

(as amended on 18-01-2023)

According to the subitem 15) article 2 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 implementation of purchases by 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.

Minister of Finance of the Republic of Kazakhstan

E.Zhamaubayev

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of November 30, 2021, No. 1253

Rules of implementation of purchases by 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 implementation of purchases by certain subjects of the quasi-public sector, except for National welfare fund and the organizations of National welfare fund (further – Rules) are developed according to the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector" (further – the Law) and determine procurement procedure national managing directors of 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 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, to the national companies, delivered in trust management to physical persons or non-state legal entities with the right of the subsequent redemption (further – certain subjects of the quasi-public sector).

Chapter 2. The basic concepts used in these rules

2. In these rules the following concepts are used:

1) prequalification – process of assessment of potential suppliers regarding compliance to the qualification requirements provided by these rules;

2) unreliable information – the false data containing in the request of the potential supplier or supplier for participation in procurement by methods of the tender, auction, from one source and request of price offers, and equally brought by the corrections distorting the valid contents of documents and not corresponding to the submitted request of the potential supplier or supplier;

3) 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;

4) the starting price – the price offered by the potential supplier before holding the auction, attached to the auction participation application;

5) types of uniform goods – not interchangeable uniform goods;

6) 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;

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

8) consortium – the tactical voluntary equal alliance (consolidation) of participants on the basis of this agreement in which participants unite these or those resources and is coordinated by efforts for the solution of successful project implementation;

9) conciliation commission – the permanent collegiate organ considering addresses of the potential suppliers who evaded from the conclusion of the agreement and included in the register of unfair participants of purchases;

10) services – the activities directed to requirements satisfaction of the customer, which do not have material result;

11) purchases – acquisition by customers on paid basis of goods, works, services according to the procedure, established by the Law and these rules;

12) the web portal of purchases (further – the web portal) – the information system providing carrying out purchases in electronic format according to the Law and these rules;

13) the participant of purchases – the customer, the organizer of purchases, the potential supplier, the supplier and the operator of information system of electronic procurement;

14) centralized service on control of purchases – service of national managing holding, national holding, the national company, except for the national company which shareholder is the national managing holding or national holding, and also service of social business corporation;

15) the organizer of purchases – the worker or structural division of the customer or the legal entity determined by the actionee of procedures of the organization and carrying out purchases;

16) 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;

17) the purchases expert – the physical person having special and (or) corresponding 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;

18) authorized body in the sphere of purchases – the central executive body performing management, and also cross-industry coordination in the sphere of purchases of certain subjects of the quasi-public sector;

19) the purchase agreement (further – the agreement) – the civil agreement signed according to the Law, the civil legislation of the Republic of Kazakhstan and these rules;

20) customers are national managing holdings, national holdings, national the companies and the organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to 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;

21) 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;

22) the tender commission (the auction commission) – the collegiate organ created by the organizer of purchases or the customer for accomplishment of the procedure of carrying out purchases by method of the tender (auction);

23) the operator of information system of electronic procurement – the legal entity (legal entities) determined (determined) by authorized body in the sphere of purchases which powers (which) are determined by these rules.

Chapter 3. Procedure for procurement planning

3. Process of purchases includes:

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

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

3) agreement performance.

4. 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 form according to appendix 1 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) develops agreement signatures on accomplishment of the state task and approves 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.

5. The plan(s) of purchases contains (-at) the following data:

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 excluding tax for 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 (for plans of long-term purchases);

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

7) name of the initiator of purchases.

6. When scheduling purchases the customer divides goods, works, services into lots by uniform types and (or) in the place of their delivery (accomplishment, rendering).

When forming the announcement of carrying out purchases the method of the tender and (or) method of request of price offers allow consolidation in one lot of goods, works, services in the list, according to appendix 2 to these rules. At the same time potential suppliers create the price offer on the integrated lot with indication of the prices of each sublot.

7. The procurements conducted according to subitems 13), 16) and 36) Item 287 of these rules are not subject to inclusion in procurement plans (the preliminary plan of purchases) of the data, according to item 4 of Article 45 of the Administrative procedural Procedure Code of the Republic of Kazakhstan, and also.

8. Procurement plans do not affirm as 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.

9. The customer within ten working days from the date of approval of procurement plan (the preliminary plan of purchases / the long-term plan of purchases) places it on the web portal of purchases.

10. The customer makes 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;

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;

due to emergence of exchange difference of tenge to foreign currency;

execution of instructions, notifications on elimination of the violations revealed by results of control actions, including by results of cameral control;

adjustments of the planned month of purchase.

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

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

13. The goods, works, services which are not provided by the approved (specified) procurement plan (the preliminary plan of purchases, the plan of long-term purchases), except for purchases of goods, works, services according to subitems 13) and 3) of Item 287 of these rules are not acquired.

The customer performs 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 condition of the conclusion of the agreement is 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.

14. The choice of the supplier of goods, works, services is performed according to the procedure, determined by these rules.

15. When implementing purchases the tender method by the operator of information system of electronic procurement 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, except for tender price offers 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.

16-1. Requirements of Item 16 of these rules do not extend to the cases provided by the subitem 36) of Item 287 of these rules.

16. The customer to the conclusion of the agreement refuses 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 in the procurement plans (the preliminary annual plan of purchases / long-term procurement plan are not made changes and additions) directed to acquisition of such goods, works, services in the current year. In case of refusal from purchases of costs, incurred by the potential supplier, are not compensated.

17. The web portal automatically sends notifications to the persons participating in the carried-out purchases about the decision made by the customer, specified in Item 16 of these rules.

Chapter 4. Methods of procurement

18. Procurements are conducted by the following methods:

1) tender;

2) auction;

3) request of price offers;

4) from one source;

5) through commodity exchanges;

6) by means of electronic shop.

Chapter 5. Procedure for determination of the organizer of purchases

19. For performing procedures of the organization and carrying out purchases the customer determines the organizer of purchases and the worker 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.

20. Decisions on determination of the organizer of purchases both in the customer, and among the subordinated organizations of the customer is accepted by the customer.

21. The organizer of purchases determines the worker, 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 of the organizer of purchases is determined from number of persons employed of structural division, the actionee of procedures of the organization and carrying out purchases.

Chapter 6. The qualification requirements imposed to the potential supplier

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

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

2) to be financially steady and 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.

Financial stability of potential suppliers is determined according to the procedure, determined by these rules;

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

4) to have the material, labor and financial resources sufficient for obligation fulfillment under the agreement;

5) experience of work (except as specified when subject of purchases availability of the license and (or) permission at the potential supplier is recognized).

At the same time, the organizer of purchases establishes the qualification requirement provided by the subitem 1) of this Item when implementing purchases by method of request of price offers.

23. Are not established the qualification requirements specified in the subitem 4) of Item 22 of these rules, which:

1) are limited and unreasonably complicate participation of potential suppliers in purchases;

2) directly do not follow from need of accomplishment of agreement obligations about purchases of goods, works, services.

24. The potential supplier in confirmation of its compliance to qualification requirements, stipulated in Item 22 these rules, submits to the organizer of purchases the relevant documents provided by these rules.

25. 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.

26. 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 the copy of the corresponding permission (notification) received (directed) according to the legislation of the Republic of Kazakhstan.

27. The qualification requirements established by subitems 1), 2) regarding tax debt and 3) of part one of Item 22 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 submits 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) regarding tax debt and 3) of part one of Item 22 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) regarding tax debt and 3) of part one of Item 22 of these rules are represented on the work types which are carried out by them, services.

28. The qualification requirement in the form of financial stability of the potential supplier is imposed to the potential suppliers participating in purchases by method of the tender (auction) in case of purchase of goods of works and services if the amount of purchase (lot) exceeds the sorokovosmitysyachikratny size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

29. Financial stability of the potential supplier is determined by the web portal automatically based on the following data of bodies of state revenues:

1) income;

2) the paid taxes;

3) fixed assets;

4) salary fund.

30. 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;

2) the indicator of the paid taxes within three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least three percent (3%) 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.

31. The potential supplier participating in purchases of goods is recognized financially steady if he corresponds in total to the conditions provided in subitems 1) and 2) of Item 30 of these rules.

The potential supplier participating in purchases of services is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 30 of these rules.

The potential supplier belonging to small business entity and participating in purchases of works is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 30 of these rules.

The potential supplier participating in purchases of works on development of the feasibility statement, project and estimate (standard project and estimate) documentation and town-planning projects, and also works on complex non-departmental examination of construction projects of objects is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 30 of these rules.

32. Qualification requirements except for of the subitem 1) of Item 22 of these rules do not extend to cases of implementation of purchases by method from one source, stipulated in Item 287 these rules. The qualification requirements which are not provided by these rules are not established.

33. Data of bodies of state revenues, are updated on the web portal once within calendar year no later than the October 1 preceding year of data application of data for the purposes of determination:

1) financial stability of the potential supplier, stipulated in Item 30 these rules;

2) the criterion influencing the tender price offer in measure type of the paid taxes, stipulated in Item 126 these rules;

3) the winner in case of equality of the conditional prices of tender price offers of potential suppliers on indicator of the paid taxes, stipulated in Item 144 these rules.

At the same time data of bodies of state revenues on indicators of financial stability of potential suppliers and (or) the paid taxes are updated on the web portal for the last calculated year of the three-year period.

Chapter 7. Procurement procedure by tender method

Paragraph 1. Stages of implementation of purchases by tender method by the organizer

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

1) determination by the customer of the organizer, except as specified, when the customer and the organizer 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 to the organizer of information and documents for the organization and carrying out purchases by method of the tender or representation by the customer to the organizer of task for the organization and carrying out purchases by tender method;

3) the direction the customer to the organizer by means of the web portal of Items of the annual plan of purchases (the preliminary annual plan of purchases) 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 (when attracting), determination of the secretary of the tender commission;

5) approval of the draft of the tender documentation;

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

7) preliminary discussion by means of the web portal of the draft of the tender documentation and placement on the web portal of the protocol of preliminary discussion of the draft of the tender documentation, and also the text of the 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, the stipulated in Article 7 Laws;

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 the subitem 7) of this Item are not performed when purchasing, data on which constitute the state secrets according to item 4 of Article 45 of the Administrative procedural Procedure Code of the Republic of Kazakhstan, and also 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.

The actions provided by the subitem 11) of this Item are performed in case of identification by the tender commission of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation.

Paragraph 2. Provision by the customer to the organizer of purchases of information and documents for the organization and carrying out purchases by tender method

35. The customer provides to the organizer for carrying out the tender the technical specification and the draft agreement in the Kazakh and Russian languages, except as specified, when the organizer and the customer act in one person.

When implementing purchases of the works requiring the design estimates 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. At the same time terms of performance of works on such purchases correspond to the terms of performance of works specified in the design estimates approved in accordance with the established procedure. In addition to the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan, the tender documentation contains the electronic copy of the positive conclusion of complex non-departmental examination.

At the same time, the tender documentation does not contain 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 if such specifying determines accessory of acquired goods, work, service to the certain potential supplier, except for the following cases of implementation of purchases:

1) for fitting, upgrade and retrofitting of the capital (installed) equipment, and also the established software (licensed software);

2) it is excluded

3) for repair and (or) maintenance of the goods (equipment) which are available for the customer.

36. The tender for purchases of the goods belonging to the categories of the software and products of the electronic industry included in the register of the confidential software and products of the electronic industry and information and communication services in temporary use of these goods is carried out using prequalification.

Condition of passing of prequalification is finding of goods of the potential supplier in the register of the confidential software and products of the electronic industry created by authorized body in the sphere of the electronic industry.

In case of recognition not taken place the procurements conducted among potential suppliers whose goods are in the register of the confidential software and products of the electronic industry created by authorized body in the sphere of the electronic industry on the basis provided by the subitem 1) of Item 153 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 potential suppliers whose goods are in the register of the confidential software and products of the electronic industry created by authorized body in the sphere of the electronic industry on the basis provided by the subitem 2) of Item 153 of these rules procurements are 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 (when attracting), determination of the secretary of the tender commission

37. For performing procedures of the organization and carrying out purchases by tender method the organizer on each tender separately approves the tender commission and determines the secretary of the tender commission.

38. The decision on creation of the tender commission and determination of the secretary of the tender commission is accepted by the first head or the deputy first head or other head of the customer or the organizer of purchases.

39. If as the organizer the customer directly or on behalf of the structural division (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 or the deputy first head or other head of the customer or the organizer of purchases.

40. When implementing purchases of works the organizer and if as the organizer the customer directly, or on behalf of the structural division (worker) acts, the customer if necessary includes in structure of the tender commission of representatives of authorized body in the corresponding field of activity in coordination with it, from among his workers registered on the web portal.

41. For development of the specification and (or) the technical specification of the purchased goods, works, services, the customer creates commission of experts or involves the expert (when attracting).

42. Members of the tender commission are the chairman and other members of the tender commission. Members of the tender commission consider requests and take part in vote without the replacement right.

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

43. Member of the tender commission and the expert is not the person interested in results of procedures of purchases and who is the close relative, the spouse (spouse) or the cousin-in-law of the first heads of the customer, the organizer of purchases.

44. For the purpose of realization of the powers members of public councils participate in the tender commissions.

45. The first head, the deputy first head or other head of the customer or the organizer of purchases is appointed the chairman of the tender commission.

46. In case of absence of the chairman of the tender commission the candidate for the chairman of the tender commission pereutverzhdatsya. At the same time, the chairman of the tender commission determines the worker not below the deputy first head, or other head of the customer or the organizer.

In case of absence of the chairman of the tender commission the chairman of the tender commission determines person authorized by the first head.

47. Chairman of the tender commission:

1) directs activities of the tender commission;

2) performs other functions provided by these rules.

48. 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.

49. 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.

50. 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 responsible for the organization and carrying out purchases.

51. 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.

52. Under the organization and carrying out purchases by tender method the organizer has the right to form commission of experts or to determine 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.

53. 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.

54. The decision on creation of commission of experts or on involvement of the expert is accepted by the first head of the organizer, either the deputy first head of the organizer, or other head of the organizer.

55. 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 draft of the tender documentation and appendices to it.

56. 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 constitutes odd number and to be at least three people.

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

58. The conclusion of commission of experts or expert is surely considered by the tender commission only if it is constituted within the requirements provided by the tender documentation. The expert opinion is signed by 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.

The documents confirming qualification of the expert are surely put to the expert opinion (the diploma about education, the certificate, the certificate or other document).

59. 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.

60. 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.

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.

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

61. The organizer 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 3 to these rules, and approves it with the customer, except as specified, when the customer and the organizer act in one person.

62. The draft of the tender documentation developed by the organizer affirms the first head of the customer either the deputy first head of the customer, or other head of the customer.

Paragraph 5. Notice on carrying out the tender

63. The organizer no later than three working days from the date of approval of the draft of the tender documentation places on the web portal the text of the announcement of implementation of purchases by tender method, and also the draft of the tender documentation.

The term of final date of submission by potential suppliers of applications for participation in the tender, constitutes at least ten calendar days from the date of placement of the protocol of preliminary discussion of the draft of the tender documentation and the text of the approved tender documentation.

The customer before the expiration of submission by potential suppliers of applications for participation in the tender having the right on own initiative makes changes to the tender documentation. In such cases the tender documentation is subject to preliminary discussion.

If preliminary discussion of the draft of the tender documentation is not performed according to Item 66 of these rules, the term of final date of submission by potential suppliers of applications for participation in the tender constitutes at least fifteen calendar days from the date of placement of the text of the announcement of implementation of purchases by tender method.

64. In case of implementation of repeated purchases by tender method the organizer at least in five working days prior to final date of submission of applications for participation in the tender places on the web portal the text of the announcement of implementation of repeated purchases by tender method on condition of invariance of the tender documentation of the cancelled tender, except for increases in term of a contract about purchases in connection with carrying out repeated purchases.

65. In case of modification and (or) amendments of the tender documentation of purchase are carried out according to Item 63 of these rules.

Paragraph 6. Preliminary discussion and placement on the web portal of the protocol of preliminary discussion of the draft of the tender documentation

66. The compulsory provision of approval of the tender documentation is preliminary discussion of the draft of the tender documentation by potential suppliers, except as specified implementation of purchases of the data on which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, and (or) contain office information according to item 4 of Article 45 of the Administrative procedural Procedure Code of the Republic of Kazakhstan.

67. Notes to the draft of the tender documentation, and also inquiries can be sent by potential suppliers by means of the web portal for explanation of provisions of the tender documentation to the customer, the organizer no later than five working days from the date of placement of the announcement of implementation of purchases.

68. In the absence of notes to the draft of the tender documentation, and also requests on explanation of provisions of the tender documentation within five working days from the date of placement of the announcement of implementation of purchases, the tender documentation is considered approved.

69. In the presence of notes, and also requests on explanation of provisions of the tender documentation the customer, the organizer within five working days from the date of the expiration of preliminary discussion of the tender documentation make the following decisions:

1) make changes and (or) additions to the draft of the tender documentation;

2) is rejected by notes to the draft of the tender documentation with indication of reasons and the reasons of their variation;

3) make explanations of provisions of the tender documentation.

In case of modification and (or) amendments of the draft of the tender documentation the decision on approval of the changed tender documentation on the web portal according to the procedure, stipulated in Item 63 these rules is made.

From the date of decision making, provided by subitems 2) and 3) this Item the tender documentation is considered approved.

70. The requirement about preliminary discussion of the draft of the tender documentation extends to purchases of 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 regarding the subitem 3) of Item 69 of these rules.

71. The organizer, no later than one working day from the date of approval of the tender documentation places on the web portal the protocol of preliminary discussion of the draft of the tender documentation in form according to appendix 4 to these rules.

In case of modification and (or) amendments of the draft of the tender documentation, according to the subitem 1) of Item 69 of these rules, the organizer together with the protocol of preliminary discussion of the tender documentation places the approved text of the tender documentation, with the automatic notification of the potential suppliers who received the draft of the tender documentation.

72. The protocol of preliminary discussion of the draft of the tender documentation, contains information on the arrived notes to the draft of the tender documentation and decisions made according to them.

The protocol of preliminary discussion of the draft of the tender documentation is signed by the first head of the customer or person fulfilling its duties, either the deputy first head of the customer or other head of the customer (the organizer of purchases).

In cases, stipulated in Item 23 these rules, the protocol of preliminary discussion of the draft of the tender documentation is signed by the first head of the organizer or person fulfilling its duties, either the deputy first head of the customer or other head of the customer (the organizer of purchases).

73. The organizer within five working days from the date of the expiration of preliminary discussion of the draft of the tender documentation, in response to requests or notes of potential suppliers, makes changes and (or) additions to the tender documentation. Modification and (or) amendments in the tender documentation affirms the customer according to the procedure, stipulated in Item 66 these rules.

The customer in case of modification and (or) the amendments in the technical specification or the draft agreement which are integral part of the tender documentation sends the approved decision to the organizer no later than three working days from the date of the expiration of preliminary discussion of the draft of the tender documentation.

74. The organizer based on the decision on modification approved by the customer and (or) the amendments in the technical specification or the draft agreement which are integral part of the tender documentation brings no later than five working days from the date of the expiration of preliminary discussion of the draft of the tender documentation, change and (or) amendment in the technical specification or the draft agreement which are integral part of the tender documentation in time.

75. In case of decision making about variation of notes to the draft of the tender documentation, according to the subitem 2) of Item 69 of these rules detailed reasons for the reasons of their variation are specified in the protocol of preliminary discussion of the draft of the tender documentation.

The text of explanation of provisions of the technical specification and the draft agreement which are integral part of the tender documentation is reflected in the protocol of preliminary discussion of the draft of the tender documentation.

Paragraph 7. Representation to potential suppliers of the tender documentation or draft of the tender documentation

76. From the date of placement of the announcement of carrying out the tender everyone is given opportunity of free receipt of the tender documentation or draft of the tender documentation on the web portal.

77. The tender documentation or the draft of the tender documentation is not provided until the notice on carrying out the tender on the web portal.

Paragraph 8. Content and submission of requests by potential suppliers for participation in the tender

78. The application for participation in the tender is submitted in electronic form by means of the web portal before the expiration of final term of its representation specified in the tender documentation and is form of expression of consent of the potential supplier with the requirements and conditions established by the tender documentation and also the consent of the potential supplier to receipt of the information about him confirming compliance to qualification requirements and restrictions, the stipulated in Clause 7 Laws.

79. The application for participation in the tender submitted to the organizer by the potential supplier who showed willingness to participate in the tender contains the documents listed in the form of the tender documentation and also to contain confirmation of the potential supplier:

1) about lack of restrictions, the stipulated in Article 7 Laws;

2) about absence between it and the customer or the organizer of the relations forbidden by the Law;

3) about consent to agreement cancelation according to the procedure established by the laws of the Republic of Kazakhstan in case of identification of the facts specified in Item 336 of these rules.

80. The application for participation in the tender is considered to the potential supplier accepted at the time of automatic sending by the web portal of the adequate notice who submitted the application for participation in the tender.

81. The potential supplier submits only one application for participation in the tender.

82. The application for participation in the tender of the potential supplier is subject to automatic variation the web portal in the following cases:

1) the potential supplier earlier submits the application for participation in this tender;

2) the application for participation in the tender arrived on the web portal after the expiration of final term of order taking for participation in this tender;

3) the tender price offer exceeds the amount allocated for acquisition of these goods, works, services;

4) provided by the subitem 1) of Item 1 of article 7 of the Law.

Effective period of the application for participation in the tender submitted by the potential supplier for participation in the tender constitutes at least sixty calendar days from the date of opening of applications for participation in the tender, and corresponds to the required term established by the tender documentation.

83. The request of the potential supplier for participation in the tender automatically is registered on the web portal.

The request is considered given in case of introduction by the potential supplier of tender security on participation in the tender.

84. The potential supplier changes or withdraws the application for participation in the tender before the expiration of final term of submission of applications for participation in the tender at any time, without losing the right to return of the providing the application for participation in the tender brought by it.

Applications for participation in the tender after the expiration of final term of their representation do not respond.

85. Changes and (or) additions are not made to applications for participation in the tender after the expiration of final term of their representation, except for case, stipulated in Item 102 these rules.

86. The potential supplier provides the separate documents required according to the tender documentation, received by means of the address to the state information systems and (or) the state databases or by means of filling of electronic form with use of the web portal.

Paragraph 9. Tender security on participation in the tender

87. Tender security on participation in the tender is brought in the amount of one percent from the amount allocated for purchase of goods, works, services.

In case of participation in the tender for several lots the potential supplier provides tender security on participation in the tender for each lot separately.

Tender security compliance on participation in the tender is determined by the web portal automatically in case of submission by the potential supplier of the application for participation in the tender.

88. The potential supplier chooses one of the following types of tender security on participation in the tender:

1) the money which is in e-wallet of the potential supplier;

2) the bank guarantee provided in electronic form. The bank guarantee is submitted on paper in the cases provided by Chapter 16 of these rules.

The potential supplier does not make the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet.

The operator of information system of electronic procurement does not use the money which is in e-wallet, except as specified, of the these rules specified in Items 89 and 90.

89. Tender security does not return to the participation in the tender brought in the form of the electronic bank guarantee the organizer of purchases to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner of the tender evaded from the conclusion of the purchase agreement;

2) the winner of the tender, having signed the agreement, did not perform or in an inadequate way performed, including out of time performed the requirements established by the tender documentation about introduction and (or) terms of introduction of ensuring agreement performance and (or) the amount according to Item 151 of these rules.

90. Tender security on the participation in the tender brought through e-wallet is blocked by the operator of information system of electronic procurement and does not return to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner of the tender evaded from the conclusion of the agreement;

2) the winner of the tender, having signed the agreement, did not perform or in an inadequate way performed, including out of time performed, the requirements established by the tender documentation about introduction and (or) terms of introduction of ensuring agreement performance and (or) the amount according to Item 151 of these rules.

91. In case of approach of one of the cases provided by Items 89 and 90 of these rules, the tender security amount on participation in the tender is credited in the income of the customer.

The operator of information system of electronic procurement within five working days from the date of receipt from the customer of the statement by means of the web portal makes transfer from e-wallet of the potential supplier of the blocked money on tender security into the account specified in the statement of the customer if the potential supplier evaded from the conclusion of the agreement or having signed the agreement did not bring ensuring agreement performance and (or) the amount according to Item 151 of these rules.

92. The organizer returns to the potential supplier the tender security brought by him on participation in the tender in the form of the electronic bank guarantee, within three working days from the date of approach of one of the following cases:

1) placements of the protocol of opening in response cases this potential supplier of the application for participation in the tender before the expiration of final term of submission of applications for participation in the tender;

2) signings of the protocol on results of purchases by tender method. The specified case does not extend to the participant of the tender determined by the winner of the tender;

3) signings by the potential supplier of the agreement and introduction of ensuring agreement performance by it and (or) the amounts according to Item 151 of these rules.

93. The operator of information system of electronic procurement automatically will unblock to the potential supplier the tender security blocked by him on participation in the tender in the following cases:

1) response this potential supplier of the application for participation in the tender before the expiration of final term of submission of applications for participation in the tender;

2) signings of the protocol on results of purchases by tender method. The specified case does not extend to the participant of the tender determined by the winner of the tender;

3) signings by the potential supplier of the agreement and introduction of ensuring agreement performance by it about purchases, and also the amounts according to Item 151 of these rules.

94. Upon the demand of the potential supplier about refund, placed on its e-wallet, the operator of information system of electronic procurement within three working days from receipt date of such requirement returns the specified money concerning which blocking is not performed or blocking is stopped.

Paragraph 10. Opening of applications for participation in the tender

95. Opening of applications for participation in the tender is made by the web portal automatically within five minutes from the moment of the expiration of final term of submission of applications for participation in the tender.

96. If on the tender (lot) only one application for participation in the tender (lot) is submitted, such request is also opened and considered according to these rules.

97. The protocol of opening of applications for participation in the tender is placed the web portal automatically at the time of their opening according to appendix 5 to these rules. At the same time the web portal sends automatic notices to the members of the tender commission, potential suppliers who submitted applications for participation in the tender.

98. Access to viewing of applications for participation in this tender of other potential suppliers, except for tender price offers is provided to the potential suppliers who submitted the application for participation in the tender after three working days from the date of placement of the protocol of the preliminary admission.

Paragraph 11. Consideration of applications for participation in the tender

99. The tender commission by means of the web portal considers applications for participation in the tender for the purpose of determination of the potential suppliers conforming to qualification requirements and requirements of the tender documentation.

100. No later than one working day from the date of opening of applications for participation in the tender the secretary of the tender commission provides for consideration of commission of experts or to the expert, in case of its creation (attraction), the technical specifications on goods, works, services offered by potential suppliers in the request for the purpose of determination of compliance to their requirements of the tender documentation, except for purchases of works where the tender documentation instead of the technical specification contains the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan.

101. By consideration of applications for participation in the tender regarding compliance of potential suppliers to qualification requirements and requirements of the tender documentation, the tender commission:

1) in writing and (or) form of an electronic document by means of the web portal requests from potential suppliers materials and explanations in connection with their requests to simplify consideration, assessment and comparison of applications for participation in the tender;

2) for the purpose of refining of the data containing in applications for participation in the tender, in writing and (or) form of an electronic document requests necessary information from the relevant physical persons or legal entities, bodies, manufacturing plants of the purchased goods.

102. The tender commission in case of identification of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation grants to such potential suppliers the right for reduction of applications for participation in the tender in compliance with qualification requirements and requirements of the tender documentation within three working days from the date of placement of the protocol of the preliminary admission to participation in the tender on the web portal.

The right for reduction of applications for participation in the tender in compliance with qualification requirements and requirements of the tender documentation is not granted to potential suppliers:

1) violated requirements of article 7 of the Law;

2) provided unreliable information on qualification requirements and requirements of the tender documentation;

3) not brought tender security on participation in the tender or not brought it in the amount of, determined by these rules.

103. By results of consideration of applications for participation in the tender regarding compliance of potential suppliers to qualification requirements and requirements of the tender documentation the protocol of the preliminary admission on participation in the tender which is signed by the chairman and all members of the tender commission, and also the secretary of the tender commission within one working day from the date of decision making about preliminary consideration of applications for participation in the tender is drawn up.

In case of variation of the potential supplier without the reapplication right, the customer in three working days prior to publication of the protocol of the preliminary admission places the draft of the protocol of the preliminary admission on the web portal.

If the potential supplier does not agree with the decision of the tender commission, the potential supplier by means of the web portal expresses disagreement to the draft of the protocol of the preliminary admission according to the legislation of the Republic of Kazakhstan on ministerial procedures.

The procedure of hearing of the potential supplier is carried out by the tender commission within two working days from the date of expression of disagreement by the potential supplier to the draft of the protocol of the preliminary admission.

104. The tender commission on results of the procedure of hearing within one working day places the protocol of hearing, containing information on the expressed line items and detailed reasons for the tender commission on the made decisions on the web portal

Following the results of hearing one of the following decisions is accepted:

1) the tender commission accepts arguments of the potential supplier and the potential supplier is recognized the participant of the tender

2) the tender commission does not accept arguments of the potential supplier and rejects the potential supplier without the regiving right.

The organizer no later than one working day from the date of carrying out hearing publishes the protocol of the preliminary admission.

105. In case of disagreement with the decision of the tender commission made according to Item 8 of article 16 of the Law, the potential supplier appeals it in court.

106. The protocol of the preliminary admission to participation in the tender, contains the following information:

1) the list of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation with the detailed description of the reasons of their variation, including with indication of the data and documents confirming their discrepancy to qualification requirements and requirements of the tender documentation;

2) the list of documents which the potential supplier needs to provide and bring into accord with qualification requirements and requirements of the tender documentation by means of the web portal.

3) the decision of the tender commission following the results of the carried-out hearing.

107. In case of compliance of potential suppliers to qualification requirements and requirements of the tender documentation the protocol of the preliminary admission on participation in the tender is not drawn up.

108. The decision of the tender commission on the preliminary admission of potential suppliers to participation in the tender is made within ten working days from the date of opening of applications for participation in the tender and is placed the secretary of the tender commission on the web portal according to appendix 6 to these rules with the automatic e-mail notification of all potential suppliers who submitted applications for participation in the tender.

109. The protocol of the preliminary admission to participation in the tender is signed on the web portal by all members of the tender commission.

110. 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 applied to the protocol on the preliminary admission to participation in the tender and accommodates 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 to the relevant protocol of the preliminary admission to participation in the tender by the secretary of the tender commission on the web portal the document or information containing signature absence reason is placed.

111. After term, stipulated in Item 102 these rules, the secretary of the tender commission by means of the web portal initiates the procedure of de novo review of the applications for participation in the tender brought into accord with qualification requirements and requirements of the tender documentation.

112. In case of de novo review of applications for participation in the tender the tender commission:

1) repeatedly considers applications for participation in the tender of the potential suppliers specified in the list of the protocol of the preliminary admission to participation in the tender regarding completeness of their reduction in compliance with qualification requirements and requirements of the tender documentation, according to the list of the documents specified in the protocol of the preliminary admission to participation in the tender;

2) determines the potential suppliers who provided the incomplete and not conforming to qualification requirements and requirements of the tender documentation list of the documents specified in the protocol of the preliminary admission to participation in the tender;

In writing and (or) in electronic form requests 3) from potential suppliers, applications for participation in whose tender were brought into accord with qualification requirements and requirements of the tender documentation, materials and explanations, in connection with their applications for participation in the tender to simplify consideration, assessment and comparison of applications for participation in the tender;

4) for the purpose of refining of the data containing in applications for participation in the tender which were brought into accord with qualification requirements and requirements of the tender documentation in writing and (or) in electronic form by means of the web portal requests necessary information from the relevant physical persons or legal entities, bodies.

113. The tender commission does not perform sending an inquiry and other actions connected with amendment of the application for participation in the tender missing documents, replacement of the documents submitted in the application for participation in the tender.

114. The tender commission in case of de novo review of applications for participation in the tender does not reject potential suppliers on the bases which are not provided in the protocol of the preliminary admission.

115. The potential supplier cannot be recognized as the participant of the tender after reduction of applications for participation in the tender in compliance with qualification requirements and requirements of the tender documentation if:

1) it and (or) the subcontractor (collaborator) attracted by it are determined to not conforming qualification requirements and conditions of the tender documentation on the bases determined by these rules;

2) it violated requirements of article 7 of the Law.

116. If the potential supplier is not allowed to participation in the tender for the bases provided by the subitem 2) of Item 115 of these rules, in the protocol on results of purchases by method of the tender reasons for variation of the application for participation in the tender of such potential supplier with indication of the confirmatory data or documents which formed the basis for variation are specified.

117. By results of de novo review of applications for participation in the tender the tender commission:

1) determines potential suppliers who conform to qualification requirements and requirements of the tender documentation, and recognizes as participants of the tender;

Applies 2) and calculates the criteria influencing the tender price offer;

3) within five working days from the date of the expiration of repeated submission by potential suppliers of the applications for participation in the tender brought into accord with qualification requirements and requirements of the tender documentation is drawn up by the protocol on results of purchases by tender method according to appendix 7 to these rules.

118. To the protocol on results of purchases the method of the tender attaches in the form of the electronic copy of the document the expert opinion on compliance of goods, works, services to requirements of the tender documentation, special opinion of the member of commission of experts, in case of its availability.

119. The protocol on results of purchases by tender method, contains the following information:

1) about reduction of applications for participation in the tender in compliance with qualification requirements and requirements of the tender documentation;

2) about requests of the tender commission according to subitems 3) and 4) Item 112 of these rules;

3) about potential suppliers, applications for participation in whose tender were rejected, with the detailed description of the reasons of their variation, including with indication of the data and documents confirming their discrepancy to qualification requirements and requirements of the tender documentation;

4) about application by the tender commission of the criteria influencing the tender price offer, provided by the tender documentation;

5) about determination of the winner on the basis of the smallest conditional price.

120. The protocol on results of purchases by method of the tender is signed on the web portal by all members of the tender commission and is placed the secretary of the tender commission within one working day from the date of decision making about results of purchases by tender method, on the web portal, with the automatic notification of all potential suppliers who submitted applications for participation in the tender.

121. The tender security amount on participation in the tender estimated in tiyna is rounded. At the same time the amount less than fifty tiyn is rounded to zero, and the amount equal to fifty tiyna above, is rounded to one tenge.

122. Tender security on participation in the tender is brought by the potential supplier for the total amount of lots (in which the potential supplier takes part) the tender or for each lot (in which the potential supplier takes part) the tender separately.

123. The potential supplier is not recognized the participant of the tender if:

1) it and (or) his subcontractor or the collaborator are determined not conforming to qualification requirements on the following bases:

lack of permissions (notifications) got (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications, data on which prove to be true in information systems of state bodies. In case of lack of data in information systems of state bodies the potential supplier represents the copy of the corresponding permission (notification) received (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications;

non-presentation of electronic copies or in the form of the electronic document of patents, certificates, certificates, other documents confirming the right of the potential supplier to production, conversion, delivery and realization of the purchased goods, performance of works, rendering services;

availability of tax debt and debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments in the amount of, exceeding sixfold monthly settlement indicator established for the corresponding financial year by the law on the republican budget, determined by the web portal automatically based on data of bodies of state revenues;

non-presentation, and is equal submission of incomplete data on qualification according to appendix 2, of 3, 4 and 5 to the tender documentation created (filled) by means of the web portal;

discrepancy of the potential supplier to qualification requirements regarding possession of work experience in the market of the purchased goods, works, services which availability is established by the tender documentation;

discrepancy of the potential supplier to qualification requirements regarding possession material and the manpower sufficient for obligation fulfillment according to the purchase agreement, specified in the tender documentation;

established fact of representation of unreliable information on qualification requirements;

2) if its application for participation in the tender is determined the tender documentation which is not conforming to requirements for the following bases:

non-presentation of the technical specification, except for case when the tender documentation instead of the technical specification contains the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan;

representation by the potential supplier of the technical specification which is not conforming to requirements of the tender documentation, and is equal non-presentation of the documents required by the technical specification;

non-presentation of the information about subcontractors on performance of works (collaborators when rendering services) which are the subject of purchases on the tender, and also work types and services given by the potential supplier to subcontractors (collaborators), according to appendix 18 to the tender documentation (in case of attraction by the potential supplier of subcontractors (collaborators) created (filled) by means of the web portal;

transfer by the potential supplier to subcontractors (collaborators) on sub contracting (co-execution) in total more than one second amounts of works (construction cost), services in case of submission of information about subcontractors;

non-presentation of tender security on participation in the tender according to requirements of the tender documentation and these rules;

established fact of submission of false information according to the documents submitted in the tender;

3) has the restrictions connected with participation in procurement, the stipulated in Article 7 Laws.

On the restrictions connected with participation in procurement, provided by the subitem 1) of Item 1 of article 7 of the Law, the application for participation in the tender of the potential supplier is subject to automatic variation the web portal without the right of reduction of the request in compliance at application stage.

124. Commission of experts or the expert in the terms established by the chairman of the tender commission, but no later than the term of consideration of applications for participation in the tender:

Considers 1) and studies within the competence regarding completeness of the documents submitted by potential suppliers for confirmation of conformity of the goods offered by them, works, services to requirements of the technical specification to the tender documentation;

Draws up 2), signs and represents the expert opinion on compliance or discrepancy of the goods offered by potential suppliers, works, services of the technical specification which is integral part of the tender documentation, to the secretary of the tender commission.

The expert opinion also contains information on excess of functionality, technical parameters, quality characteristics and operational conditions of the goods, services (in case of their availability) offered by potential suppliers, in the ratio with the characteristics of goods and services specified in the technical specification of the tender documentation.

125. The expert opinion is signed and is polistno initialed by all experts, except as specified, when the expert expresses special opinion.

After receipt of the expert opinion the secretary of the tender commission places the expert opinion on the web portal and sends notices to all members of the tender commission by means of the web portal. The tender commission considers applications for participation in the tender taking into account the expert opinion.

126. The tender documentation provides the following criteria influencing the tender price offer:

1) availability at the potential supplier of work experience on commodity market, the works, services which are subject of the carried-out purchases within the last ten years preceding the current year;

2) indicator of the paid taxes;

3) functional, technical, quality and operational characteristics of goods and (or) operating expenses, maintenance and repair of the purchased goods.

127. The tender commission when forming the protocol on results of purchases by method of the tender determines conditional discounts according to the criteria provided in the tender documentation according to Item 126 of these rules, in relation to each potential supplier who submitted the application for participation in the tender, except as specified when on participation in the tender one request is submitted.

In case of non-presentation by the potential supplier of the documents confirming these criteria, the tender commission does not apply the corresponding conditional discount to such potential supplier.

128. The tender commission appropriates conditional discount in the amount of zero whole five tenth percent (% 0,5) for every year of availability at the potential supplier of work experience in the market of the purchased goods, services and works which are not connected with construction.

129. The tender commission appropriates conditional discount in the amount of one percent (1%) for every year of availability at the potential supplier of work experience on installation and construction works as the prime contractor and to works on designing as the general designer.

If the potential supplier has work experience in quality of subcontractor the tender commission appropriates conditional discount in the amount of zero whole five tenth percent (% 0,5) for every year of availability of work experience at it on installation and construction works and designing, including on similar (similar) work types, being subject of the tender.

If within one year the potential supplier performs installation and construction works as the prime contractor (designer) and work on designing as the general designer purchased on the tender, including for similar (similar) work types, more than on one construction object, the tender commission appropriates conditional discount in the amount of zero whole the two tenth percent (% 0,2) for each subsequent construction object. If these works are performed by the potential supplier as subcontractor, the tender commission appropriates conditional discount in the amount of zero the whole one tenth percent (% 0,1) for each subsequent construction object.

If the allocated amount on implementation of purchases by method of the tender (lot) does not exceed the two hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year, total percentage influence on the conditional price of the application for participation in the tender of this criterion does not exceed five percent.

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, total percentage influence on the conditional price of the application for participation in the tender of this criterion does not exceed ten percent.

130. Percentage influence on the conditional price for experience of work in the market of the purchased goods, works and services is determined according to appendices 2, of 3, 4 and 5 to the tender documentation.

131. If the potential supplier has indicator of the paid taxes over three percent, the web portal automatically appropriates conditional discount for everyone exceeding one tenth (percent 0,1) in the amount of one tenth (percent 0,1), but no more than three percent.

132. Discrepancy of the technical specification on goods, works, services of the potential supplier of the technical specification specified in the tender documentation is allowed if the best functional, technical, operational and quality characteristics of goods (services), technology solutions and (or) performance of works from the best materials are offered.

133. By consideration of question of experience of work of the potential supplier participating in the tender, the tender commission considers work experience only in the market of delivery of goods, performance of works and rendering the services acquired on this tender, including for similar types of goods, works, services.

134. The application for participation in the tender is recognized to the tender documentation meeting the requirements if at it there are grammatical and (or) spelling errors which can be corrected, without mentioning being of the submitted application for participation in the tender.

135. Criterion are functional, technical, quality and operational characteristics of goods and (or) operating expenses, maintenance and repair of the purchased goods, is applied according to the conclusion commission of experts or the expert (in case of its availability). Total percentage influence on the conditional price of the application for participation in the tender of this criterion does not exceed ten percent.

136. If functional characteristics of goods in the technical specification offered by potential suppliers in the application for participation in the tender exceed limits of opportunities of the goods established in the technical specification of the tender documentation, the tender commission establishes zero whole five tenth percent (% 0,5) for each opportunity. Total percentage influence on the conditional price of the application for participation in the tender of this criterion does not exceed three percent (3%).

137. If technical characteristics of goods in the technical specification offered by potential suppliers in the application for participation in the tender exceed (improve) parameters of the goods established in the technical specification of the tender documentation, the tender commission establishes zero whole five tenth percent (% 0,5) for each exceeded parameter. Total percentage influence on the conditional price of the application for participation in the tender of this criterion does not exceed three percent (3%).

138. If quality characteristics of goods in the technical specification offered by potential suppliers in the application for participation in the tender exceed (improve) requirements and purpose of goods which are established in the technical specification of the tender documentation, the tender commission establishes five percent (5%) for this characteristic.

139. If operational characteristics of the goods (useful life, conditions of transportation, storage, operating expenses, maintenance and repair) established in the technical specification offered by potential suppliers in the application for participation in the tender exceed (improve) the conditions established in the technical specification of the tender documentation, the tender commission establishes zero whole five tenth percent (% 0,5) for each exceeded condition. Total percentage influence on the conditional price of the application for participation in the tender of this criterion does not exceed three percent (3%).

140. In case of lack of the conclusion of commission of experts or the expert the criteria provided by Items 136 - 139 these rules, are not applied by the tender commission.

Paragraph 12. Assessment and comparison of tender price offers

141. The tender price offer is opened with the web portal automatically following the results of consideration of the application for participation in the tender regarding compliance to qualification requirements and requirements of the tender documentation.

142. The web portal automatically compares the conditional prices of participants of the tender and determines the winner of the tender on the basis of the smallest conditional price.

143. The participant of the tender who occupied following the results of assessment and comparison of tender price offers the second place is determined on the basis of the conditional price, following after the smallest conditional price.

144. In case of equality of the conditional prices of tender price offers the winner the participant of the tender having the bigger indicator of financial stability of the potential supplier determined by the web portal automatically according to data of information systems of bodies of state revenues is recognized.

For the purposes of these rules measure calculation of financial stability of the potential supplier is determined by the web portal automatically according to data of information systems of bodies of state revenues on formula of measure calculation of financial stability according to appendix 8 to these rules.

In case of equality of indicators of financial stability the winner the participant of the tender, the application for participation which arrived before applications for participation in the tender of other potential suppliers is recognized.

145. Results of assessment and comparison of tender price offers are placed in the protocol on results of purchases by tender method according to Item 119 of these rules.

Paragraph 13. Procedure for determination of dumping price of the application for participation in the tender

146. The price of the application for participation in the tender of the potential supplier of works is recognized dumping if it the low price specified in the feasibility statement (for development of the design estimates) and the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan (the technical documentation intended for average repair of the existing highways public), more than for five percent.

147. The price of the application for participation in the tender of the potential supplier of works on development of the feasibility statement, project and estimate (standard project and estimate) documentation and town-planning projects is recognized dumping if it the low price calculated by the customer according to the State standard rates on cost determination of project works for construction in the Republic of Kazakhstan approved by the order of the Chairman of Committee on cases of construction and housing and communal services of the Ministry for Investments and Development of the Republic of Kazakhstan of November 14, 2017 No. 249-nk "About approval of regulating documents on pricing in construction" (it is registered in the Register of state registration of regulatory legal acts at No. 16073), more than for ten percent.

148. The price of the application for participation in the tender of the potential supplier (the accredited expert organization) of works on complex non-departmental examination of construction projects of objects is recognized dumping if it is lower than the cost established according to the Rules of cost determination of works on carrying out complex non-departmental examination of construction projects of objects, and also complex town-planning examination of projects of town-planning planning of the territories of various level approved by the order of the acting minister of national economy of the Republic of Kazakhstan of December 21, 2015 No. 780 (it is registered in the Register of state registration of regulatory legal acts at No. 12681).

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