ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of March 29, 2024 No. 168

About modification and amendments in some orders of the Ministry of Finance of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made.

2. To provide to department of the legislation of public procurements and purchases of the quasi-public sector of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of March 29, 2024, No. 168

The list of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made

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 amendment:

in Rules of implementation of the public procurements approved by the specified order:

in appendix 33 to the specified Rules:

in the Standard agreement about public procurements of goods:

state Item 2.3 in the following edition:

"2.3. The customer after the introduction of the Agreement in force, makes advance payment in the amount of agrees to appendix 1 to the Agreement after introduction by the Supplier of ensuring agreement performance, providing advance payment and (or) the amount according to article 26 of the Law. The remained amount is paid by the Customer by money transfer on the settlement account of the Supplier no later than 30 (thirty) calendar days from signature date by the Parties of the delivery-acceptance certificate of goods, taking into account pro rata deduction of earlier paid advance payment 2.

If the Supplier is in the register of domestic manufacturers of goods, works and services, the Customer within 10 (ten) calendar days from the date of the conclusion of the agreement makes advance payment in the amount of 30% of the agreement amount.

Payment for the delivered Goods is made by the Customer by money transfer on the settlement account of the Supplier no later than 30 (thirty) calendar days from signature date by the Parties of the delivery-acceptance certificate of Goods 3.";

state Item 3.1 in the following edition:

"3.1. The supplier shall:

1) to provide complete and proper execution of the undertaken agreement obligations;

2) within ten working days from the date of entry into force of the Agreement to grant the sum of ensuring agreement performance in the amount of 3 (three) percent from the total amount of the Agreement equal <amount> of tenge and the sizes of advance payment, provided according to subjects of the agreement according to appendix 1 to the Agreement equal <amount> of tenge 4, <and also the amount according to article 26 of the Law equal <amount> of tenge>5, that generally constitutes <the providing amount> (<the amount of providing with copy-book>) tenge in type:

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

or:

the bank guarantee represented in electronic form according to appendix 38 to Rules of implementation of public procurements;

or:

the insurance contract of civil responsibility of the supplier signed according to the standard agreement of insurance of civil responsibility of the supplier approved by the order of the Minister of Finance of the Republic of Kazakhstan of February 23, 2022 No. 206 "About approval of the standard agreement of insurance of civil responsibility of the supplier" (it is registered in the Register of state registration of regulatory legal acts No. 26971), for the purposes of ensuring agreement performance (providing advance payment).

The insurance contract is submitted in electronic form or on paper.

In case of representation by the potential supplier of ensuring agreement performance (providing advance payment) on paper, with placement on the web portal of its electronic copy, the original is submitted to the customer to the final term of representation of ensuring agreement performance (providing advance payment).

The customer fixes the fact of receipt of the insurance contract on paper in the magazine of registration of insurance contracts of civil responsibility of the supplier.

At the same time ensuring agreement performance can not be brought by the supplier in case of the complete and ought to them obligation fulfillment under the Agreement before the expiration of introduction of ensuring agreement performance.

Requirements of this subitem do not extend to the suppliers who are in the register of domestic manufacturers of goods, works and services;

3) in case of execution of the agreement obligations to provide compliance of goods to the requirements specified in the appendix 2 to the Agreement (technical specification) which is integral part of the Agreement;

4) to provide the packaging of goods capable to prevent them from damage or spoil during transportation to final destination. Packaging shall maintain, without any limit, intensive hoisting-and-transport processing and impact of extreme temperatures, salt and rainfall during transportation, and also outdoor storage.

In case of determination of dimensions of the packed boxes and their weight it is necessary to consider remoteness of terminal point of delivery and availability of powerful load-lifting tools in all Items of following of goods;

Not to open 5) without prior written consent of the Customer contents of the technical documentation provided by the Customer or from his name other persons, except for those personnel which are attracted with the Supplier to execution of terms of the contract. The specified information shall be provided to these personnel confidentially and in that measure as far as it is necessary for obligation fulfillment;

6) without prior written consent of the Customer not to use any above-mentioned documents and information, except as for the purpose of implementation of the Agreement;

7) on the first demand of the Customer to provide information on course of execution of agreement obligations;

8) to pay to the Customer in full the damages caused to him caused by improper execution by the Supplier of terms of the contract and/or other wrongful acts;

9) to draw up and send to the Customer by means of the web portal the delivery-acceptance certificate of goods approved by the electronic and digital signature, and also the report on local content in goods in form according to appendix 44 to rules of implementation of public procurements;

10) after approval of goods by the Customer of the delivery-acceptance certificate to write out the invoice electronically by means of information system of electronic invoices according to Rules of the statement of the invoice electronically in information system of electronic invoices.

<No.) new subitem>";

state Item 7.3 in the following edition:

"7.3. In case of delay of delivery dates of Goods the Customer holds (collects) from the Supplier penalty (penalty, penalty fee) in the amount of 0,1 of % of the total amount of the Agreement for each day of delay in case of complete non-execution by the supplier of obligations or holds (collects) penalty (penalty, penalty fee) in the amount of 0,1 of % of the amount of unexecuted obligations for each day of delay in case of improper execution (partial non-execution) of obligations. At the same time the total amount of penalty (penalty, penalty fee) shall not exceed 10% of the total amount of the Agreement.

If the Supplier is in the register of domestic manufacturers of goods, works and services, the total amount of penalty (penalty, penalty fee) shall not exceed 3% of the total amount of the Agreement.";

in appendix 34 to the specified Rules:

in the Standard agreement about public procurements of works in the field of construction (installation and construction works):

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