ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of October 7, 2024 No. 671

About approval of Rules of implementation of public procurements using special procedure

According to Item 3 of article 26 of the Law of the Republic of Kazakhstan "About public procurements" PRIKAZYVAYU:

1. Approve Rules of implementation of public procurements using special procedure according to appendix 1 to this order.

2. Recognize invalid some orders of the Ministry of Finance of the Republic of Kazakhstan according to appendix 2 to this order.

3. 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.

4. This order becomes effective since January 1, 2025 and is subject to official publication.

Appendix 1

to the Order of the Minister of Finance of the Republic of Kazakhstan of October 7, 2024 No. 671

Rules of implementation of public procurements using special procedure

1. These rules of implementation of public procurements using special procedure (further – Rules) are developed according to Item 3 of article 26 of the Law of the Republic of Kazakhstan "About public procurements" (further – the Law) and determine procedure of public procurements using special procedure.

Chapter 1. General provisions

2. In these rules the following concepts are used:

1) the potential supplier – the physical person performing business activity, the legal entity (except for public institutions if other is not established by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), the agreements on public procurements applying for the conclusion, and also the physical person which is not the subject of business activity in cases stipulated in Item the 6th article 27 of the Law;

2) 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;

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

4) the competitive price offer – the price offered by the potential supplier for participation in public procurements by tender method, attached to the bid;

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

6) the organizer of public procurements (further – the organizer) – the legal entity or structural division acting on behalf created it the legal entity performing the organization and carrying out public procurements according to the Law;

7) single platform of purchases (further – the web portal) – the information system of authorized body in the sphere of public procurements providing single point of access to electronic services of the public procurements and procurements conducted according to the Law of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector";

8) the supplier – the physical person performing business activity, the legal entity (except for public institutions if other is not established by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), acting as the party in the agreement signed with the customer, and also the physical person which is not the subject of business activity in cases stipulated in Item the 6th article 27 of the Law;

9) customers – state bodies, public institutions, and also the state companies, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, and the legal entities affiliated with them, except for the state companies as property complexes, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, and the legal entities affiliated with them delivered in trust management to physical or non-state legal entities with the right of the subsequent redemption;

10) 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;

11) the authorized representative – the user of the participant of the web portal to which the relevant decision of the first participant manager of the web portal delegates the rights to accomplishment of all actions on the web portal including assurance of electronic copies of documents.

3. Other concepts used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

Chapter 2. Planning of public procurements of goods, works, services

4. Public procurements using special procedure (further – public procurements) are conducted in acquisition cases:

1) goods, works, services for ensuring needs of law and order and homeland security, 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 of limited distribution according to the order of the Government of the Republic of Kazakhstan of June 24, 2022 No. 429 "About approval of Rules of reference of data to office information of limited distribution and work with it";

2) goods, works, services, data on which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets.

5. The decision on implementation of public procurements is made by the customer based on the approved or specified annual plan of public procurements (the preliminary annual plan of public procurements).

Purchase of goods, the works, services which are not provided by the approved (specified) annual plan of public procurements (the preliminary annual plan of public procurements), except for purchases of goods, works, services according to subitems 3), 6), 21), 22) and 24) of Item 3 of article 16 of the Law is not allowed.

6. The customer develops and approves the separate annual plan of public procurements (the preliminary annual plan of public procurements) of goods, works, services, data on which constitute the state secrets and (or) contain the office information of limited distribution determined by the Government of the Republic of Kazakhstan based on the relevant budget (development plan), the allocated money from Fund of support of infrastructure of education according to the legislation of the Republic of Kazakhstan or individual funding plan by form according to appendix 1 to these rules.

Based on the positive offer of the relevant budget commission the customer if necessary before approval (refining) of the relevant budget develops and approves the preliminary annual plan of public procurements.

Customers, being the state companies, legal entities, more than fifty percent of voting shares (share in the authorized capital) which belong to the state, if necessary develops and approves the preliminary annual plan of public procurements before approval of the development plan or individual funding plan.

The preliminary annual plan of public procurements is developed and affirms as the specified cases separately both at stages before approval, and at stages before refining of the relevant budget (development plan) or individual funding plan.

Development of the annual plan of public procurements (the preliminary annual plan of public procurements) is performed according to the Law and affirms the official not below the deputy first head of the customer.

Chapter 3. Procedure for determination of the organizer

7. For performing procedures of the organization and carrying out public procurements the customer determines the organizer, and also the official of the customer representing the interests of the last in the forthcoming public procurements, except as specified, when the customer and the organizer of public procurements act in one person.

8. As the organizer the customer directly or on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements acts.

The customer if necessary determines the organizer subordinated public institution of the customer.

The customer if necessary acts as the organizer for several public institutions subordinated to the customer.

The customer if necessary for several public institutions subordinated to the customer, determines among them the organizer.

The administrator of the budget program if necessary acts as the organizer for public institution subordinated to it, the legal entity concerning whom he acts as state body, or persons affiliated with the legal entity concerning whom the administrator of the budget program acts as state body.

The administrator of the budget program if necessary for several legal entities concerning whom he acts as state body of departments and the subordinated organizations determines among them the organizer.

The state company if necessary acts as the organizer for persons affiliated with it.

The legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, if necessary acts as the organizer for persons affiliated with it.

The organizer determines the official representing him in relations with the customer, potential suppliers, the relevant commissions and the expert, except as specified, when the customer and the organizer act in one person. The authorized representative of the organizer is determined from number of persons employed of structural division, the actionee of procedures of the organization and carrying out public procurements.

9. In case of determination of the organizer according to Item 8 of these rules, customers submit to the organizer within the term established by it information necessary for the organization and carrying out tender, including:

1) the statement from the annual plan of public procurements on the purchased goods, works, services;

2) the list and the technical specification of the purchased goods, works, services, signed and polistno the initialed first head of the customer or person fulfilling its duties;

3) candidates for inclusion in structure of the competitive and expert commissions (expert);

4) the information about authorized representatives of the customer for participation in procedures for carrying out public procurements;

5) the design estimates on asset construction when purchasing construction works;

6) the draft agreement about public procurements with indication of essential conditions;

10. In case of change of information provided in Item 9 of these rules, the customer without delay notifies on it the organizer.

11. With participation in public procurements of temporary associations of legal entities (consortium), the legal entities who are members of this consortium in addition to the documents established by these rules for confirmation of the qualification requirements need to provide:

1) notarially attested agreement of joint liability signed between members legal entities (consortium) in form according to appendix 2 to these rules;

2) notarially attested copies of the corresponding licenses or the license in the form of the paper copy of the electronic document for the right of provision of goods, performance of works, rendering services regarding the activities provided by the agreement on joint economic activity.

The consortium is recognized to the conforming qualification requirements, regarding possession corresponding material and manpower, and also possession of legal capacity on implementation of separate types of activity on which occupation receipt of permission, according to the legislation of the Republic of Kazakhstan on permissions and notifications, in case of compliance to the specified requirements of one or several members of consortium is necessary.

At the same time, legal capacity of the main member of consortium on implementation of separate types of activity on which occupation receipt of permission is necessary according to the legislation of the Republic of Kazakhstan on permissions and notifications corresponds to subject of the carried-out public procurements.

Chapter 4. Methods of implementation of public procurements

12. Public procurements are conducted by one of the following methods:

1) tender;

2) from one source.

The customer determines method of implementation of public procurements according to these rules.

Chapter 5. The organization and carrying out public procurements of goods, works, the services performed by tender method

13. Public procurements by method of tender are conducted without placement on the web portal and Internet resource of customers of the notice on implementation of public procurements by tender method (further – the notice), texts of the tender documentation, signed protocols of opening of envelopes with bids, the protocol on results of public procurements by tender method.

14. Public procurements by tender method, are performed by placement on the web portal of the announcement of forming of the list of potential suppliers on the planned public procurements (summary by types of goods, works, services).

At the same time, the procedure of forming of the list of potential suppliers is performed by the organizer taking into account the requirements provided by Items 20, of 21, of 22, of 24 and 25 these rules.

15. The organization and carrying out public procurements of goods, works, the services performed by tender method provide accomplishment of the following consecutive events:

1) determination by the customer of the organizer and direction of the corresponding request for carrying out public procurement;

2) determination by the organizer of the authorized representative of the organizer;

3) forming and approval by the organizer of structure of the commission on forming of the list of potential suppliers;

4) placement on the web portal the organizer of the announcement of forming of the list of potential suppliers on the planned public procurements;

5) provision by potential suppliers of the petition in form according to appendix 3 to these rules;

6) check by the organizer of the potential suppliers who submitted the petition on compliance to the requirements established by Items 24 and 25 of these rules;

7) forming and placement on the web portal the organizer of the protocol of consideration of the arrived petitions in form according to appendix 4 to these rules;

8) the notification of the potential suppliers who submitted petitions by means of the web portal about placements of the protocol of consideration of petitions;

9) statement by the organizer of structure of the contest committee, structure of commission of experts or expert (if necessary) and determinations of the secretary of the contest committee;

10) development by the organizer of the tender documentation in form according to appendix 5 to these rules;

11) approval of the tender documentation by the customer;

12) the notice the organizer of potential suppliers about implementation of public procurements of goods, works, services as tender method in form according to appendix 6 to these rules;

13) submission of the tender documentation by the organizer of the copy to the potential suppliers who showed willingness to participate in public procurements of goods, works, services as tender method, and also entering of information about such potential suppliers into the magazine of registration of persons who received the tender documentation;

14) explanation the organizer of provisions of the tender documentation to the potential suppliers who received its copy in the cases provided by Items 49-51 of these rules and also execution of the relevant protocol of meeting with potential suppliers on explanation of the tender documentation according to appendix 7 to these rules;

15) registration by the organizer in the magazine of registration of bids;

16) opening by the contest committee of envelopes with bids, and also execution of the corresponding minutes of the contest committee in form according to appendix 8 to these rules;

17) the direction (submission) of the protocol of opening of envelopes by the organizer of copies with applications for participation in public procurements to potential suppliers or their authorized representatives, data on whom are entered in the magazine of registration of bids;

18) consideration by the contest committee of bids for determination of the potential suppliers conforming to qualification requirements and requirements of the tender documentation;

19) forming by the contest committee of the list of potential suppliers who are allowed to participation in tender, and execution of the relevant protocol on the admission in form according to appendix 9 to these rules;

20) the direction (representation) by the organizer to the potential suppliers who submitted bids, copies of the protocol on the admission;

21) registration by the organizer of data in the magazine of registration of the competitive price offers provided by the potential suppliers allowed to participation in tender, envelopes with competitive price offers;

22) opening of envelopes with competitive price proposals of participants of tender, assessment and comparison by the contest committee of competitive price offers (summing up public procurements by tender method);

23) registration and signing by the contest committee of the protocol on results by method of tender and its direction the organizer to the customer in form according to appendix 10 to these rules;

24) the direction (representation) to potential suppliers, the declared winner the notification on results of public procurements;

25) conclusion customer of the contract on public procurements with the winner of tender.

16. The customer before summing up public procurements has the right to refuse implementation of public procurements in cases, stipulated in Item the 10th article 6 of the Law.

In that case the customer within 5 (five) working days from the date of decision making about refusal of implementation of public procurements informs on the made decision of persons participating in the carried-out public procurements and the organizer.

The organizer in case of receipt of the notice from the customer, within 3 (three) working days returns the brought providing bids.

17. Public procurements of goods, works on which services the decision of the Government of the Republic of Kazakhstan establishes withdrawals from national treatment are performed among the physical persons and legal entities which are:

1) in the register of the Kazakhstan producers of goods, works and services or representatives (distributors or dealers) of producers of vehicles and agricultural machinery;

2) in the register of the confidential software and products of the electronic industry.

The document confirming production of goods by the potential supplier who is in the register of the Kazakhstan producers of goods, works and services is the Industrial certificate issued by 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 competitive methods, among all potential suppliers.

Paragraph 1. Forming of the list of potential suppliers

18. For performing procedures of forming of the list of potential suppliers the organizer of public procurements creates the commission and determines the secretary of the commission on forming of the list.

The decision on creation of the commission and determination of the secretary of the commission on forming of the list is accepted by the first head of the organizer or the chief of staff, or person fulfilling its duties.

When as the organizer of purchases the customer directly or on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements acts, the decision on creation of the commission and determination of the secretary of the commission is accepted by the first head or person fulfilling its duties.

19. Members of the commission are the chairman and other members of the commission. The total quantity of members of the commission constitutes odd number, but at least three people.

The commission chairman determines the official not below the deputy first head of the organizer. When directly customer acts as the organizer, the commission chairman determines the official not below the deputy first head of the customer. When as the organizer the customer on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements acts, the commission chairman determines the official not below the head of this structural division of the customer.

20. When carrying out public procurements by tender method, the organizer on the web portal places the announcement of forming of the list of potential suppliers on the planned public procurements. The announcement contains the following information:

1) full name of the customer(s) and organizer, their legal address;

2) method and terms of implementation of public procurements;

3) date and time of acceptance of petitions of potential suppliers for inclusion in the list of potential suppliers;

4) availability of permission (notification) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications when public procurements of goods, require works, services availability of the corresponding permission (notification);

5) the short characteristic of the planned public procurements.

At the same time, acceptance of petitions of potential suppliers for inclusion in the list constitutes one working day from 9-00 till 18-00 (inclusive) on time of the city of Astana;

Purchase of goods, works, services according to subitems 3), 6), 7), 20), 21), 22), 24), 27), 35), 37) and 40) of Item 3 of Article 16, is performed without placement of the announcement.

In the announcement contents of the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) containing the office information of limited distribution determined by the order of the Government are not allowed.

The announcement is placed the organizer on the web portal at least in 3 (three) working days prior to date of acceptance of the petition.

21. The potential supplier who showed willingness to take part in the planned public procurements by means of the web portal submits to the organizer the petition for inclusion it to the list of potential suppliers.

The potential supplier in the submitted petition confirms compliance to the requirements established in Item 24 of these rules.

The potential supplier creates the petition for inclusion it in the list of potential suppliers on the web portal in the terms established by the organizer.

22. The organizer, within 2 (two) working days after the termination of petitions of potential suppliers creates on the web portal the list of potential suppliers from among submitted the petition with conducting check of their compliance to requirements, stipulated in Item 24 these rules.

The list of potential suppliers to whom the notice goes is supplemented with the customer if petitions for participation in the carried-out public procurements did not arrive or arrived less than from two potential suppliers, or after the inspection which is carried out by the organizer on compliance to requirements, stipulated in Item 24 these rules any is not allowed or one potential supplier is allowed.

At the same time, the list is created by the organizer, taking into account amendment of the list by the customer, on paper.

23. The organizer, directs (represents) to the potential suppliers included in the list of potential suppliers, the notice on implementation of public procurements by means of the web portal.

24. The list of potential suppliers to whom it will be directed the notice (is provided), it is created by the organizer taking into account:

1) permissions, for works with use of the data constituting the state secrets, issued in accordance with the established procedure by Committee of homeland security of the Republic of Kazakhstan and its bodies. The copy of permission is submitted to the organizer purposely on paper, before the end of time of date of acceptance of petitions for inclusion in the list of potential suppliers;

2) lack of restrictions, stipulated in Article 7 Laws;

3) availability of the corresponding registration on the web portal;

4) non-disclosure obligations of office information of limited distribution according to appendix of 8 Rules of reference of the data to office information of limited distribution and work with it approved by the order of the Government of the Republic of Kazakhstan of June 24, 2022 No. 429.

The obligation is submitted by means of the web portal together with the petition for inclusion in the list of potential suppliers;

5) permission (notification) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications in cases when public procurements of goods, works, services require availability of the corresponding permission (notification). The copy of permission (notifications) is submitted by means of the web portal together with the petition for inclusion in the list of potential suppliers if are absent the information about them in the state information system;

6) when carrying out public procurements of goods, according to Item 25 of these rules the list of potential suppliers is created of number of the potential suppliers consisting in the register of the confidential software and products of the electronic industry established by the Law of the Republic of Kazakhstan "About informatization";

7) in case of acquisition of food products and food services the list of potential suppliers is created of number of the potential suppliers consisting in the register of the Kazakhstan producers of goods, works and services;

8) when carrying out public procurements of goods, according to Item 17 of these rules the list of potential suppliers is created of number of the potential suppliers consisting in the register of the Kazakhstan producers of goods, works and services.

At the same time, in cases of absence of the potential suppliers delivering goods or availability less than 2 (two) potential suppliers in the register of the Kazakhstan producers of goods, works and services to which the notice goes the customer creates the list of potential suppliers according to Item 17 of these rules.

25. When carrying out public procurements of goods within implementation of requirements of ensuring information security for defense of the country and safety of the state the organizer creates the list of potential suppliers of the register of the confidential software and products of the electronic industry established by the Law of the Republic of Kazakhstan "About informatization".

At the same time, in cases of absence of the potential suppliers delivering products corresponding to technical and functional characteristics or availability less than 2 (two) potential suppliers in the register of the confidential software and products of the electronic industry established by the Law of the Republic of Kazakhstan "About informatization" to which the notice goes the customer creates the list of potential suppliers according to Item 24 of these rules.

Paragraph 2. Statement of the contest committee, expert (commission of experts)

26. For performing procedures of carrying out public procurements of goods, works, services as tender method the organizer on each tender separately creates the contest committee and determines the secretary of the contest committee.

The decision on creation of the contest committee and determination of the secretary of the contest committee, education of commission of experts or determination of the expert is accepted by the first head of the organizer or the chief of staff, or person fulfilling its duties.

When as the organizer of purchases the customer directly or on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements acts, the decision on creation of the contest committee and determination of the secretary of the contest committee is accepted by the first head or person fulfilling its duties.

When implementing public procurements of works, the organizer if necessary includes in structure of the contest committee of representatives of authorized body in the corresponding field of activity in coordination with it taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets and (or) about office information of limited distribution.

For development of the specification and (or) the technical specification of the purchased goods, works, services the organizer during development of the tender documentation if necessary creates commission of experts (to involve the expert).

27. Members of the contest committee are the chairman and other members of the contest committee. The total quantity of members of the contest committee shall constitute odd number and to be at least 3 (three) people.

The chairman of the contest committee determines the official not below the deputy first head of the organizer. When as the organizer the customer directly acts, the chairman of the contest committee determines the official not below the deputy first head of the customer. When as the organizer the customer on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements acts, the chairman of the contest committee determines the official not below the head of this structural division of the customer.

In the absence of the chairman of the contest committee the candidate for the chairman of the contest committee pereutverzhdatsya. At the same time, the chairman of the contest committee determines the official not below the deputy first head, and in case of its absence – the first head.

28. Chairman of the contest committee:

1) plans work and directs activities of the contest committee;

2) presides over meetings of the contest committee;

3) performs other functions provided by these rules.

29. The contest committee acts from the date of entry into force of the decision on its creation and stops the activities from the date of the conclusion of the agreement on public procurements of goods, works, services as tender method.

30. Meetings of the contest committee are held on condition of presence of simple majority of total number of members of the contest committee and drawn up by the protocol which is signed by the present members of the contest committee and the secretary of the contest committee. In the absence of any member of the contest committee, in the minutes of the contest committee the reason of its absence with appendix of the document confirming this fact is specified.

31. The decision of the contest committee is made by open voting and deemed accepted if for it the majority of votes from total quantity of the members of the contest committee who are present at meeting is given. In case of equality of votes, accepted is considered the decision for which the chairman of the contest committee voted. In case of disagreement with the solution of the contest committee any member of this contest committee has the right to special opinion which shall be stated in writing and attached to the minutes of the contest committee.

32. Organizational activities of the contest committee are provided with the secretary of the contest committee. The secretary of the contest committee is not member of the contest committee and has no right to vote in case of adoption of decisions by the contest committee.

The secretary of the contest committee is determined from among officials of structural division of the organizer responsible for the organization and carrying out public procurements.

Secretary of the contest committee:

1) creates the agenda of meeting of the contest committee, provides the contest committee with necessary documents, will organize holding meeting of the contest committee;

Draws up 2) and signs the protocol of opening of envelopes with bids, the protocol on tender results, and also others of the protocol of meetings of the contest committee;

3) sends to the customer the protocols of meetings signed by the contest committee, the expert opinion (commission of experts);

4) ensures safety of documents and materials of public procurements of goods, works, services as tender method from the date of approval of the tender documentation;

5) performs other functions provided by these rules.

33. In case of absence at the organizer of specialists of the corresponding profile for determination of compliance of the goods offered by potential suppliers, works, services to requirements of the tender documentation, the organizer if necessary involves as the experts government employees on a grant basis, and other experts, as on paid, and on a grant basis by agreement of the parties taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets and (or) about office information of limited distribution.

The compulsory provision for involvement of this or that person as the expert is compliance of profile of its activities to subject of public procurements.

Under the organization of public procurements the organizer involves as the experts specialists of the customer, the organizer or their subordinated organizations.

The choice of the expert on paid basis is performed by the organizer according to the Law.

34. In case of involvement of 3 (three) and more experts, the organizer creates commission of experts from among the involved experts and determines among them the head of commission of experts.

The decision on creation of commission of experts and determination of the head of commission of experts is accepted by the first head of the organizer or the chief of staff or person fulfilling its duties.

35. Experts (commission of experts) 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 contest committee. The expert opinion (commission of experts) is surely considered by the contest committee if it is constituted within the requirements provided by the tender documentation.

The expert opinion is drawn up in writing, signed and initialed by experts (members of commission of experts) and attached to the protocol on the admission to participation in tender.

In case of the expert's disagreement with the conclusion of commission of experts, such expert states special opinion in writing which is applied to the conclusion of commission of experts and is its integral part.

36. Prior to carrying out public procurements of goods, works, services as tender method members of the contest committee, the secretary of the contest committee, and also the expert (commission of experts) study the approved tender documentation and appendices to it.

Paragraph 3. Development, coordination and approval of the tender documentation

37. The organizer by method of tender develops the tender documentation for determination of conditions and procedure for carrying out public procurements in the Kazakh and Russian languages based on the standard tender documentation, taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets and (or) about office information of limited distribution.

38. To potential suppliers – nonresidents of the Republic of Kazakhstan, for confirmation of its compliance to qualification requirements the same documents, as for residents of the Republic of Kazakhstan, or the documents containing similar data on qualification of the potential supplier – the nonresident of the Republic of Kazakhstan with notarially attested translation into languages of the tender documentation taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets and (or) about office information of limited distribution, and also agreements ratified by the Republic of Kazakhstan are submitted.

39. The tender documentation developed by the organizer affirms the first head of the customer or person fulfilling its duties, either the head of the budget program, or person fulfilling its duties.

40. When implementing public procurements 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.

41. Material and the manpower necessary for the customer for obligation fulfillment under the agreement, are specified in the technical specification which is integral part of the tender documentation.

At the same time in the tender documentation content of 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 is not allowed if such specifying determines accessory of acquired goods, work, service to the certain potential supplier, except for the following cases of implementation of public procurements:

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

2) for determination of the service provider on provision of goods in leasing and in case of need of the detailed description of subject of leasing;

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

4) acquisitions of technical supportive (compensatory) means, cochlear implants, medicines and specialized products of clinical nutrition if they are bought for application concerning patients, having medical indications (individual intolerance, according to vital indications) established by results of the conclusions of medical consultations and the medico-genetic conclusions.

To the potential suppliers participating in public procurements of goods the qualification requirement regarding possession material and manpower is not shown.

When implementing public procurements of works on construction (new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects), development of the feasibility statement, design estimates and town-planning projects as the document confirming possession of the potential supplier material and manpower, the corresponding permission (license) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications is.

When implementing public procurements of engineering services by the document confirming possession of the potential supplier material and manpower, the corresponding permission (the certificate on accreditation) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications is.

42. When implementing public procurements by method of tender of uniform goods, works, services the organizer in the tender documentation divides uniform goods, works, services into lots in the place of their delivery (accomplishment, rendering).

In the presence of at least 5 (five) places of deliveries of goods, rendering services specifying in lot which is carried out by method of tender, several places of deliveries of goods, rendering services is allowed.

Paragraph 4. Notice of potential suppliers on implementation of public procurements of goods, works, services as tender method

43. The organizer no later than 3 (three) working days from the date of approval of the tender documentation, but at least in 10 (ten) working days prior to final date of submission of bids by potential suppliers directs (represents) to the potential suppliers included in the list of potential suppliers, the notice on implementation of public procurements.

In response to the notice at the request of the potential supplier the organizer directs (represents) the copy of the tender documentation and provides registration in chronological procedure for the fact of submission of the approved tender documentation with indication of data about (about) the location, the postal address, and also other information about person who received the tender documentation.

44. When implementing repeated public procurements by tender method, the organizer no later than 3 (three) working days from the date of approval of the tender documentation, but at least in 10 (ten) calendar days prior to final date of submission of bids fulfills requirements, stipulated in Item 43 these rules.

The data containing in the notice of the organizer correspond to the data specified in the tender documentation.

Paragraph 5. Representation of the tender documentation to potential suppliers of the copy

45. From the date of the notice on implementation of public procurements the secretary of the contest committee represents (sends) to the potential supplier (his authorized representative) the copy of the tender documentation on paper or on the electronic medium no later than 3 (three) working days from the date of the address of the potential supplier.

46. The authorized representative of the organizer, and in cases when the customer and the organizer act in one person, – the secretary of the contest committee:

1) is checked by availability of documentary confirmation of powers of the representative of the potential supplier who is drawn up properly for receipt of the copy of the tender documentation;

Brings 2) in the magazine of registration of persons who received the copy of the tender documentation, data specified in subitems 3), 4) and 5) of Item 47 of these rules;

3) represents to the authorized representative of the potential supplier the copy of the tender documentation under list or directs with use of mail service;

4) performs other functions provided by Items 48, of 50 and 76 these rules. The potential supplier who showed willingness to participate in public procurements of goods, works, services as tender method submits the bid before the expiration of final term of their representation in sealed envelope on which face full name and legal address of the potential supplier (for the purpose of return of the bid are specified.

47. In the magazine of registration of persons who received the copy of the tender documentation the following data are reflected:

1) name and term of carrying out public procurements of goods, works, services as tender method;

2) full name of the customer and organizer, their location;

3) surname, name, middle name (in case of its availability) the authorized representative of the potential supplier, data of the document proving his identity;

4) full name, legal address and contact telephone numbers of the potential supplier;

5) time and the date of receipt by the authorized representative of the potential supplier of the copy of the tender documentation;

48. The magazine of registration of persons who received the copy of the tender documentation is stitched, pages (sheets) are numbered and initialed by the authorized representative of the organizer, and in cases when the customer and the organizer act in one person, – the secretary of the contest committee.

The last page of the magazine of registration of persons who received the copy of the tender documentation shall be under seal the organizer.

Maintaining the single magazine of registration of persons who received the copy of the tender documentation on all public procurements of goods, works, services as tender method within one financial year is allowed.

49. Submission of the copy of the tender documentation to the address of the potential supplier about provision of the copy of the tender documentation is not allowed.

Paragraph 6. Explanation of provisions of the tender documentation

50. The explanation of provisions of the tender documentation is carried out by the organizer by means of the organization of meeting with the potential suppliers participating in tender and also with observance of requirements of the legislation on the state secrets and (or) about office information of limited distribution.

The customer of public procurements in need of term no later than 3 (three) working days before the expiration of final date of submission of bids on own initiative or in response to request of persons makes changes and (or) additions to the tender documentation.

The organizer no later than one working day from the date of decision making about modification and (or) amendments sends to the tender documentation on a grant basis the text of the made changes and (or) additions to persons, data on whom are entered in the magazine of registration, stipulated in Item 47 these rules.

The final term of submission of bids is prolonged for term at least than 10 (ten) calendar days.

Persons, data on whom are entered in the magazine of registration, makes inquiry to the organizer about explanation of provisions of the tender documentation, but no later than 5 (five) working days to the final term of submission of bids. The inquiry is sent for explanation of provisions of the tender documentation to the organizer by the methods specified in the tender documentation.

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