ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 13, 2026 No. 102

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

I ORDER:

1. Approve the enclosed list of some orders of the Minister 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 after day of its first official publication;

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 February 13, 2026, No. 102

The list of some orders of the Minister 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 November 30, 2021 No. 1253 "About approval of Rules of implementation of purchases by certain subjects of the quasi-public sector, except for National welfare fund and the organizations of National welfare fund" (it is registered in the Register of state registration of regulatory legal acts at No. 25488) the following changes and amendments:

in Rules of implementation of purchases by certain subjects of the quasi-public sector, except for National welfare fund and the organizations of National welfare fund approved by the specified order:

state item 4 in the following edition:

"4. Based on the relevant budget (the production program, and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) the customer develops agreement signatures on accomplishment of the state task and approves procurement plans in form according to appendix 1 to these rules.

The customer before approval of the budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) develops agreement signatures on accomplishment of the state task and approves the preliminary plan of purchases.

The preliminary plan of purchases is effective before approval (refining) of the annual plan of purchases.

The data on purchases provided in the preliminary plan of purchases are subject to transfer in the annual plan of purchases.

The plan(s) of purchases affirm (are specified) by the first head of the Customer or other authorized person and (or) collegiate organ of the Customer within ten working days from the date of receipt of the statement of the minutes of collegiate organ on approval (refining) of the relevant budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) agreement signatures on accomplishment of the state task.";

add with Item 17-1 of the following content:

"17-1. Purchases of goods, works for which services the decision of the Government of the Republic of Kazakhstan according to the order of the Government of the Republic of Kazakhstan of October 15, 2024 No. 853 "About approval of Rules of establishment of withdrawal from national treatment when implementing public procurements" establishes withdrawals from national treatment are performed among the physical persons and legal entities which are:

1) in the register of the Kazakhstan producers 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.

Compliance of the potential supplier to requirements imposed in the subitem 1) of this Item is determined by the web portal automatically on the basis of data of authorized body in the field of industrial development.

Compliance of the potential supplier to requirements imposed in the subitem 2) of this Item is determined by the web portal automatically on the basis of data of the authorized body in the field of the electronic industry creating the register of the confidential software and products of the electronic industry.

In case of recognition of purchases cancelled in view of lack of the submitted requests, such procurements are conducted by the competitive methods determined by article 11 of the Law among all potential suppliers.";

exclude Item 34-1;

state Item 36 in the following edition:

"36. The tender for purchases of the goods belonging to the categories of the software and products of the electronic industry included in the register of the confidential software and products of the electronic industry and information and communication services in temporary use of these goods is carried out using prequalification.

Condition of passing of prequalification is finding of goods of the potential supplier in the register of the confidential software and products of the electronic industry created by authorized body in the field of the electronic industry.

In case of recognition not taken place the procurements conducted among potential suppliers whose goods are in the register of the confidential software and products of the electronic industry created by authorized body in the field of the electronic industry on the basis provided by the subitem 1) of Item 153 of these rules the customer makes the decision on the implementation of purchases among other potential suppliers according to the procedure established by these rules.";

state Item 51 in the following edition:

"51. Secretary of the tender commission:

Creates 1) and places the draft of the tender documentation on the web portal;

2) is placed on the web portal by the announcement of carrying out the tender, the protocol of preliminary discussion of the draft of the tender documentation, the protocol of opening of applications for participation in the tender, the protocol on results of purchases by tender method, and also other documents on the web portal in case of their availability;

3) is placed on the web portal by the conclusion of commission of experts or expert in case of their availability;

4) performs other functions provided by these rules.";

state Item 58 in the following edition:

"58. The conclusion of commission of experts or expert is surely considered by the tender commission only if it is constituted within the requirements provided by the tender documentation. The expert opinion is signed by members of commission of experts or the expert, in case of determination of the expert without creation of commission of experts, and attached to the protocol on results of purchases on the web portal in the form of the electronic copy of the document certified by the digital signature of the secretary of the tender commission.

The documents confirming qualification of the expert are surely put to the expert opinion (the diploma about education, the certificate, the certificate or other document).";

state Items 63 and 64 in the following edition:

"63. The organizer no later than three working days from the date of approval of the draft of the tender documentation places on the web portal the text of the announcement of implementation of purchases by tender method, and also the draft of the tender documentation.

The term of final date of submission by potential suppliers of applications for participation in the tender, constitutes at least five working days from the date of placement of the protocol of preliminary discussion of the draft of the tender documentation and the text of the approved tender documentation.

During the implementing of purchases of works and services in construction projects, reconstruction, capital, average, current repairs and content of the highways financed by borrowed funds according to the legislation of the Republic of Kazakhstan the term of final date of submission by potential suppliers of applications for participation in the tender for purchases of works and services at least three working days from the date of placement of the tender documentation and the text of the approved tender documentation constitute.

The customer before the expiration of submission by potential suppliers of applications for participation in the tender having the right on own initiative makes changes to the tender documentation. In such cases the tender documentation is subject to preliminary discussion.

If preliminary discussion of the draft of the tender documentation is not performed according to Item 66 of these rules, the term of final date of submission by potential suppliers of applications for participation in the tender constitutes at least five working days from the date of placement of the text of the announcement of implementation of purchases by tender method.

64. In case of implementation of repeated purchases by tender method the organizer at least in three working days prior to final date of submission of applications for participation in the tender places on the web portal the text of the announcement of implementation of repeated purchases by tender method on condition of invariance of the tender documentation of the cancelled tender, except for increases in term of a contract about purchases in connection with carrying out repeated purchases.";

67, 68 and 69 to state Items in the following edition:

"67. Notes to the draft of the tender documentation, and also inquiries can be sent by potential suppliers by means of the web portal for explanation of provisions of the tender documentation to the customer, the organizer no later than two working days from the date of placement of the announcement of implementation of purchases.

68. In the absence of notes to the draft of the tender documentation, and also requests on explanation of provisions of the tender documentation within two working days from the date of placement of the announcement of implementation of purchases, the tender documentation is considered approved.

69. In the presence of notes, and also requests on explanation of provisions of the tender documentation the customer, the organizer within two working days from the date of the expiration of preliminary discussion of the tender documentation make the following decisions:

1) make changes and (or) additions to the draft of the tender documentation;

2) is rejected by notes to the draft of the tender documentation with indication of reasons and the reasons of their variation;

3) make explanations of provisions of the tender documentation.

In case of modification and (or) amendments of the draft of the tender documentation the decision on approval of the changed tender documentation on the web portal according to the procedure, stipulated in Item 63 these rules is made.

From the date of decision making, provided by subitems 2) and 3) this Item the tender documentation is considered approved.";

state Items 73 and 74 in the following edition:

"73. The organizer, in need of reply to the requests or notes of potential suppliers, makes changes and (or) additions to the tender documentation. Modification and (or) amendments in the tender documentation affirms the customer according to the procedure, stipulated in Item 71 these rules.

The customer in case of modification and (or) the amendments in the technical specification or the draft agreement which are integral part of the tender documentation sends the approved decision to the organizer no later than two working days from the date of the expiration of preliminary discussion of the draft of the tender documentation.

74. The organizer based on the decision on modification approved by the customer and (or) the amendments in the technical specification or the draft agreement which are integral part of the tender documentation brings no later than one working day from the date of the expiration of preliminary discussion of the draft of the tender documentation, change and (or) amendment in the technical specification or the draft agreement which are integral part of the tender documentation in time.";

state Item 85 in the following edition:

"85. Changes and (or) additions are not made to applications for participation in the tender after the expiration of final term of their representation.";

state Item 91 in the following edition:

"91. In case of approach of one of the cases provided by Items 89 and 90 of these rules, the tender security amount on participation in the tender, auction, request of price offers is enlisted in the income of the customer.

The operator of information system of electronic procurement within five working days from the date of receipt from the customer of the statement by means of the web portal makes transfer from e-wallet of the potential supplier of the blocked money on tender security into the account specified in the statement of the customer if the potential supplier evaded from the conclusion of the agreement or having signed the agreement did not bring ensuring agreement performance and (or) the amount according to Item 151 of these rules.";

state Item 98 in the following edition:

"98. Access to viewing of applications for participation in this tender of other potential suppliers, except for tender price offers is provided to the potential suppliers who submitted the application for participation in the tender after placement of the protocol on results.";

be reworded as follows Item 101:

"101. By consideration of applications for participation in the tender regarding compliance of potential suppliers to qualification requirements and requirements of the tender documentation, the tender commission:

1) in writing and (or) form of an electronic document by means of the web portal requests from potential suppliers materials and explanations in connection with their requests to simplify consideration, assessment and comparison of applications for participation in the tender;

2) for the purpose of refining of the data containing in applications for participation in the tender, in writing and (or) form of an electronic document requests necessary information from the relevant physical persons or legal entities, bodies, manufacturing plants of the purchased goods;

3) considers applications for participation in the tender of potential suppliers regarding their compliance to qualification requirements and requirements of the tender documentation;

4) determines the potential suppliers who are corresponding and (or) not conforming to qualification requirements and requirements of the tender documentation.

Sending an inquiry and other actions of the tender commission connected with amendment of the application for participation in the tender a missing documents, replacement of the documents submitted in the application for participation in the tender, reduction to compliance in an inadequate way of the processed documents are not allowed.";

102, 103 and 104 to exclude Items;

106, of 107, of 108, of 109, of 110, of 111, of 112, 113 and 114 to exclude Items;

state Item 115 in the following edition:

"115. The potential supplier is not allowed to participation in the tender (it is recognized as the participant of the tender) if:

1) it and (or) the subcontractor (collaborator) attracted by it are determined to not conforming qualification requirements and conditions of the tender documentation on the bases determined by these rules;

2) it violated requirements of article 7 of the Law.";

state Item 117 in the following edition:

"117. By results of consideration of applications for participation in the tender the tender commission:

1) determines potential suppliers who conform to qualification requirements and requirements of the tender documentation, and recognizes as participants of the tender;

Applies 2) and calculates the criteria influencing the tender price offer;

3) within three working days from the date of opening of applications for participation in the tender is drawn up by the protocol on results of purchases by tender method according to appendix 7 to these rules.";

be reworded as follows Item 119:

"119. The protocol on results of purchases by tender method, contains the following information:

1) about requests of the tender commission according to Item 101 of these rules;

2) about potential suppliers, applications for participation in whose tender were rejected, with the detailed description of the reasons of their variation, including with indication of the data and documents confirming their discrepancy to qualification requirements and requirements of the tender documentation;

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