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

of August 10, 2023 No. 846

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:

add with Item 47-1 of the following content:

"47-1. The potential supplier performing activities of the insurance (reinsurance) organization with participation in public procurements of services in insurance services is recognized financially steady if he corresponds in total to the conditions provided in subitems 1) and 4) of Item 44 of these rules.";

add with Item 79-1 to state in the following edition:

"79-1. Requirements of Items 73, of 74, of 75, of 76, of 77, 78 and 79 these rules are not applied when implementing public procurements by tender method with use of the framework agreements.";

state Item 91 in the following edition:

"91. Requests of potential suppliers about entering into electronic depositary of the data and documents confirming work experience on installation and construction works over the last ten years including for the current year, on the objects financed by budgetary funds, department of authorized body and its territorial subdivisions are considered taking into account the following requirements:

1) reliability of the data and documents confirming work experience of the potential supplier is determined by the objects financed by budgetary funds and put into operation since January 1, 2014 on the basis of these bodies of treasury.

in the absence of the data and documents confirming work experience on installation and construction works over the last ten years including for the current year, in information system of treasury, such data are considered according to the requirements provided by the subitem 2) of Item 91 of these rules;

2) reliability of the data and documents specified in the request of the potential supplier on the objects financed by budgetary funds and put into operation till January 1, 2014 prove to be true:

the customer (in case of reorganization – the customer's legal successor) and (or) the owner;

the authorized body performing functions in the field of architecture and town planning or the body exercising the state architectural construction supervision or authorized body in the field of state registration of the rights to real estate in the location of construction object;

at the same time such confirmation is performed based on addresses of potential suppliers by letters from at least one of the above-stated persons provided by means of the web portal with use of the digital signature of such persons;

3) compliance of the documents confirming work experience of the potential supplier to the forms approved by authorized body in the field of architectural, town-planning and construction activities according to article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan".

In case of discrepancy of documents to the requirements specified in part one of this subitem, such documents are recognized reliable and are introduced in electronic depositary in cases if there is confirmation of reliability of such documents:

from bodies of treasury for the objects financed by budgetary funds and put into operation since January 1, 2014;

from one of persons specified in the subitem 2) of this Item;

the judgment which took legal effect.";

state Item 99 in the following edition:

"99. Adjustment of the data entered in electronic depositary, including the data with the status "Is confirmed" it is performed in case of discrepancy of the data completed in electronic depositary to the submitted documents confirming work experience in part:

construction type;

years of completion of works according to date of the acceptance act of object in operation;

status of the supplier;

level of responsibility of buildings and constructions;

technical complexity of objects;

functional purpose of objects;

subspecies of the licensed types of activity;

Such adjustment is performed on basis:

independently revealed department of authorized body and its territorial subdivisions of the specified discrepancies;

requests of organizers, single organizers;

claims of potential suppliers;

requests of bodies of internal state audit following the results of consideration of claims and objections according to the procedure of article 47 of the Law and Chapter 11-1 of the Law of the Republic of Kazakhstan "About the state audit and financial control" (further – the Law on the state audit and financial control), including on the basis of data and documents submitted by the customer, the organizer, the single organizer, the potential supplier;

the court resolutions which took legal effect.

At the same time, the web portal automatically notifies the potential supplier whose data are subject to adjustment.

In case of disagreement with the request of bodies of internal state audit about adjustment, the potential supplier by means of the web portal gives the reasoned reasons with appendix of supporting documents.

In case of disagreement with the request or the claim about adjustment and also revealed by department of authorized body and its territorial subdivisions of discrepancies, the potential supplier by means of the web portal gives the reasoned reasons with appendix of supporting documents.

Adjustment is performed by department of authorized body and its territorial subdivisions within ten working days from the date of receipt of applications (claims) submitted by means of the web portal.";

add with Item 122-1 of the following content:

"122-1. The organizer of public procurements according to Item 2 of article 27 of the Law, forms commission of experts or determines the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers in the technical specification which is integral part of the tender documentation.

Under the organization and carrying out the centralized public procurements provided by the subitem 1) of Item 3 of article 8 of the Law, the customer forms commission of experts or determines the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers in the technical specification which is integral part of the tender documentation.

Under the organization and carrying out the centralized public procurements provided by the subitem 2) of Item 3 of article 8 of the Law, the single organizer of public procurements forms commission of experts or determines the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers in the technical specification which is integral part of the tender documentation.

The expert is not person:

1) interested in results of procedures of public procurements;

2) connected by employment relationships with the customer, the organizer of public procurements, the single organizer of public procurements or their subordinated, affiliated and dependent organizations, or potential suppliers;

3) being the close relative, the spouse (spouse) or the cousin-in-law of the first heads of the customer, the organizer of public procurements, the single organizer of public procurements or their subordinated, affiliated and dependent organizations.

In the absence of the experts conforming to the requirements established by part three of this Item, the organizer of public procurements or the customer attract government employees of the corresponding profile in coordination with the employer as experts, or other specialists whose specialization corresponds to the purchased goods, works, services.

Government employees are involved as the experts on a grant basis, and other specialists are attracted as on paid, and on a grant basis by agreement of the parties.

Experts do not vote in case of acceptance by tender committee of the decision.

The choice of persons involved as the experts on paid basis is performed according to the Law.";

state Item 267 in the following edition:

"267. The work experience in case of new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects of engineering networks and systems (several types of engineering networks and systems), is calculated proceeding from availability at least of one of types of the engineering networks and (or) systems corresponding to subject of the carried-out public procurements.";

state Item 269 in the following edition:

"269. Work experience in case of new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects of highways and engineering networks and systems (several types of engineering networks and systems), the work experience is calculated proceeding from experience of works of highways and availability at least of one of types of engineering networks and systems.";

state Item 273 in the following edition:

"273. The request of the potential supplier participating in public procurements of works in the field of construction regarding filling of the data influencing the competitive price offer is created on the web portal taking into account formatno-logical control regarding compliance to the following criteria (signs) which are determined

web portal automatically:

1) the data and documents confirming work experience of the potential supplier, being in electronic depositary with the status "Is confirmed";

2) level of responsibility of construction objects;

3) technical complexity of construction objects;

4) functional purpose or industry (departmental) accessory;

5) subspecies of the licensed type of activity provided by Sections 5 and 6 of the List of permissions of the first category (licenses) of the Law of the Republic of Kazakhstan "About permissions and notifications", corresponding to the work experience declared by the potential supplier, except for works on subjects to construction engineering appointment;

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