THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of October 13, 2022 No. 1061

About modification and amendments in the order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648 "About approval of Rules of implementation of public procurements"

I ORDER:

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648 "About approval of Rules of implementation of public procurements" (it is registered in the Register of state registration of regulatory legal acts at No. 12590) the following changes and amendments:

in Rules of implementation of the public procurements (further – Rules) approved by the specified order:

state Item 12 in the following edition:

"12. Public procurements of goods on which the decision of the Government of the Republic of Kazakhstan according to the order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1178 "About approval of Rules of establishment of withdrawals from national treatment when implementing public procurements" establishes withdrawals from national treatment are performed among the physical persons and legal entities which are in the register of domestic manufacturers of goods, works and services or representatives (distributors or dealers) of producers of vehicles and agricultural machinery.

The document confirming production of goods by the potential supplier who is in the register of domestic manufacturers of goods, works and services is the Industrial certificate issued by National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken.

Compliance of the potential supplier to requirements imposed in this Item is determined by the web portal automatically on the basis of data of authorized body in the field of industrial development and (or) National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken.

In case of recognition of public procurements cancelled in view of lack of the submitted requests, such public procurements are conducted by the competitive methods determined by article 13 of the Law among all potential suppliers.";

state Item 44 in the following edition:

"44. The potential supplier is recognized financially steady if he corresponds in total to the following conditions:

1) the income of the potential supplier in three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least one second part of the amount allocated for implementation of public procurement;

2) the indicator of the paid taxes in three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least three percent from the income of the potential supplier.

Date of the paid taxes calendar year in which the tax is paid is considered.

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 / SD x 100%,

where:

PUN – indicator of the paid taxes;

UN – the amount of the paid taxes during the calculated three-year period;

SD – income amount of the potential supplier for the calculated three-year period;

3) the cost of fixed assets of the potential supplier in three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least one fifteenth part of the amount allocated for implementation of public procurement, but no more chetyrestatysyachekratny size of the monthly settlement indicator established for the corresponding financial year;

4) the salary fund of workers of the potential supplier in three years preceding previous year according to data of information systems of bodies of state revenues constitute at least one fifteenth part of the amount allocated for implementation of public procurement."

state Item 53 in the following edition:

"53. In cases of identification by bodies of state revenues of the facts of misstatement, decrease, not reflection and/or unreasonable overestimate of indicators of financial stability, including by submission by potential suppliers of additional forms of tax statements and (or) withdrawal of tax declarations, authorized body:

Adjusts 1) on the web portal of the data on such potential suppliers according to actual data of bodies of state revenues;

2) does not display on the web portal indicators of financial stability of such potential suppliers before elimination of violation according to notifications of bodies of state revenues on elimination of the violations of the tax legislation attracting unreasonable overestimate of indicators of financial stability, three years revealed by results of cameral control for the period preceding previous year;

3) in cases, the stipulated in Article 11 Laws takes measures for inclusion of such potential suppliers in the register of unfair participants of public procurements.";

state Item 58 in the following edition:

"58. The potential suppliers having the corresponding permission (notification) to installation and construction works and participating in public procurements of the works which are not connected with construction (the running or average repair, restoration, reekspozition of the existing objects, improvement, arrangement) confirm possession material and manpower with the corresponding permission (license) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications.

At the same time, types and subspecies of the corresponding permission (license) for installation and construction works are similar (similar) to subject of the carried-out public procurements.

If subject of public procurements are the works which are not connected with construction (the work which are not connected with the running or average repair, restoration, reekspozitsiy the existing objects, improvement, arrangement), the potential supplier confirms possession material and manpower according to the procedure, determined by these rules.";

add with Items 59-1 and 59-2 of the following content:

"59-1. If subject of tender (lot) are engineering services in technical supervision on technically and technologically difficult objects of the first and second levels of responsibility and (or) to project management possession of material resources is confirmed by the corresponding permission (notification) issued to the legal entities performing engineering services in technical supervision and (or) project management according to the legislation of the Republic of Kazakhstan on permissions and notifications.

59-2. If subject of tender (lot) are engineering services in technical supervision on technically simple objects of the second and third levels of responsibility and participations in it of the potential supplier who is the physical person having the certificate of the expert of the technical supervision performing activities on technically simple objects of the second and third levels of responsibility possession of material resources is confirmed by gages and control (on the property right or leases), the accredited laboratory (on the property right or leases) and the regulating documentation.

At the same time requirements about availability of other material resources which are not provided by part one of this Item are not established.

The potential suppliers having permission (notification) to engineering services in technical supervision on technically and technologically difficult objects of the first and second levels of responsibility and (or) to project management and participating in public procurements of engineering services in technical supervision on technically simple objects of the second and third levels of responsibility are recognized the material resources conforming to qualification requirements regarding possession provided in the tender documentation.";

state Item 92 in the following edition:

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