ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of July 22, 2025 No. 381

About modification and amendments in the 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"

I ORDER:

1. Bring in the 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" (it is registered in the Register of state registration of regulatory legal acts at No. 35220) the following changes and amendments:

change in Kazakh is made to heading of the order, the text in Russian does not change;

change in Kazakh is made to Item 1 of the order, the text in Russian does not change;

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

change in Kazakh is made to heading, the text in Russian does not change;

change in Kazakh is made to Item 1, the text in Russian does not change;

state Item 12 in the following edition:

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

1) tender;

2) from one source;

3) through electronic shop.

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

state Item 20 in the following edition:

"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 of the Law, is performed without placement of the announcement;

6) the approximate amount of tender (lot) on comparison to the limiting amount to one million tenges, to ten million tenges, to hundred million tenges, to one billion tenges, over one billion tenges;

7) place of delivery of acquired goods, works, services (area, city of republican value and capital of the Republic of Kazakhstan).

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.";

state Items 23 and 24 in the following edition:

"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.

At the same time, permission availability, for works with use of the data constituting the state secrets is obligatory only when implementing public procurements where the data relating to the state secrets are used;

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 in which the name of tender and surname, name, middle name (are completed in case of its availability) the head of the potential supplier;

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 domestic manufacturers 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 domestic manufacturers 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 domestic manufacturers of goods, works and services to which the notice goes the customer within 2 (two) working days creates the list of potential suppliers according to Item 17 of these rules.

In case of absence in the register of the Kazakhstan producers of potential suppliers on the purchased goods, the organizer places on the web portal the announcement of forming of the list among all potential suppliers.";

state Item 38 in the following edition:

"38. The qualification requirement in the form of financial stability is imposed on public procurements of works if the allocated amount of public procurement (lot) exceeds the twenty-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

Financial stability of the potential supplier is determined by the web portal automatically based on data of bodies of state revenues by the income and fixed assets of the potential supplier.

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

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 ten-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;

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 and a half the thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

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 transfer 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.";

state Item 43 in the following edition:

"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.";

state Item 50 in the following edition:

"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.

The organizer to the 3rd current (three) working days from the date of receipt of request answers it and without specifying from whom the request arrived the explanation of provisions of the tender documentation sends to the persons, data on whom are entered in the magazine of registration, stipulated in Item 47 these rules.

The organizer for explanation of provisions of the tender documentation if necessary holds meeting with authorized representatives of persons, data on whom are entered in the magazine of registration, stipulated in Item 47 these rules, in certain place and appropriate time, specified in the tender documentation.

No later than one working day from the date of registration and signing of the protocol on explanation of provisions of the tender documentation the organizer sends to the persons, data on whom are entered in the magazine of registration, stipulated in Item 47 these rules, the copy of the specified protocol.";

state Items 70 and 71 in the following edition:

"70. Tender security does not return the organizer in case of approach of one of the following cases to participation in tender:

The potential supplier recognized as the participant of tender did not provide 1) at the scheduled time or withdrew the competitive price offer;

2) the potential supplier determined by the winner of tender evaded from the conclusion of the agreement on public procurements;

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