ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of May 8, 2026 No. 297

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 (further – the List).

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 since July 12, 2026 and is subject to official publication, except for paragraphs of the fifty fifth and fifty sixth item 4 of the List which become 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 May 8, 2026, No. 297

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 amendment:

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:

in Item 2:

12) and 13) to state subitems in the following edition:

"12) the web portal of purchases (further – the web portal) – the digital system providing carrying out purchases in electronic format according to the Law and these rules;

13) the participant of purchases – the customer, the organizer of purchases, the potential supplier, the supplier and the operator of digital system of electronic procurement;";

23) to state the subitem in the following edition:

"23) the operator of digital system of electronic procurement – the legal entity (legal entities) determined (determined) by authorized body in the field of purchases which powers (which) are determined by these rules.";

state Item 15 in the following edition:

"15. When implementing purchases the tender method by the operator of digital system of electronic procurement provides confidentiality of tender price offers of potential suppliers before summing up purchases.

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 from the date of placement of the protocol of results of purchases.";

state Item 26 in the following edition:

"26. Legal capacity of the potential supplier performing types of activity on occupation which receipt of permission, the direction of the notification is necessary proves to be true by means of digital systems of bodies according to the Digital code of the Republic of Kazakhstan.

In case of lack of data in digital systems of bodies the potential supplier the copy of the corresponding permission (notification) received (directed) according to the legislation of the Republic of Kazakhstan.";

state Item 30 in the following edition:

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

Income of the potential supplier within three years preceding previous year according to data of digital systems of bodies of state revenues constitutes 1) more chetyrekhstatysyachekratny size of the monthly settlement indicator established for the corresponding financial year or the one second part of the amount allocated for purchase implementation suffices;

2) the indicator of the paid taxes within three years preceding previous year according to data of digital systems of bodies of state revenues constitutes at least three percent (3%) of the income of the potential supplier specified in the subitem 1) of this Item.

For the purposes of these rules measure calculation of the paid taxes is determined according to data of digital systems of bodies of state revenues on the following formula:

PUN = UN / D x 100%,

where:

PUN – indicator of the paid taxes;

UN – the amount of the paid taxes within three years preceding previous year according to data of digital systems of bodies of state revenues;

Д – the amount of the income of the potential supplier within three years preceding previous year according to data of digital systems of bodies of state revenues;

The annual average cost of fixed assets of the potential supplier within three years preceding previous year according to data of digital systems of bodies of state revenues constitutes 3) more chetyrekhstatysyachekratny size of the monthly settlement indicator established for the corresponding financial year or the one fifteenth part of the amount allocated for implementation of public procurement suffices;

4) the salary fund of workers of the potential supplier within three years preceding previous year according to data of digital systems of bodies of state revenues are constituted more chetyrekhstatysyachekratny size of the monthly settlement indicator established for the corresponding financial year or the one fifteenth part of the amount allocated for purchase implementation suffices.";

add with Item 33-1 of the following content:

"33-1. In case of evasion of the potential supplier from the conclusion of the purchase agreement, provision of unreliable information, and also not execution or improper execution of agreement obligations about purchases, such potential supplier (supplier) is subject to inclusion in the register of unfair participants of purchases according to the procedure, the stipulated in Article 10 Laws of the Republic of Kazakhstan "About purchases of certain subjects of the quasi-public sector".";

state Item 86 in the following edition:

"86. The potential supplier provides the separate documents required according to the tender documentation, received by means of the address to the state digital systems and (or) the state databases or by means of filling of electronic form with use of the web portal.";

state Item 88 in the following edition:

"88. The potential supplier chooses one of the following types of tender security on participation in the tender:

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

2) the bank guarantee provided in electronic form. The bank guarantee is submitted on paper in the cases provided by Chapter 16 of these rules.

The potential supplier does not make the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet.

The operator of digital system of electronic procurement does not use the money which is in e-wallet, except as specified, of the these rules specified in Items 89 and 90.";

state Items 90 and 91 in the following edition:

"90. Tender security on the participation in the tender brought through e-wallet is blocked by the operator of digital system of electronic procurement and does not return to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner of the tender evaded from the conclusion of the agreement;

2) the winner of the tender, having signed the agreement, did not perform or in an inadequate way performed, including out of time performed, the requirements established by the tender documentation about introduction and (or) terms of introduction of ensuring agreement performance and (or) the amount according to Item 151 of these rules.

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 digital 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 Items 93 and 94 in the following edition:

"93. The operator of digital system of electronic procurement automatically will unblock to the potential supplier the tender security blocked by him on participation in the tender in the following cases:

1) response this potential supplier of the application for participation in the tender before the expiration of final term of submission of applications for participation in the tender;

2) signings of the protocol on results of purchases by tender method. The specified case does not extend to the participant of the tender determined by the winner of the tender;

3) signings by the potential supplier of the agreement and introduction of ensuring agreement performance by it about purchases, and also the amounts according to Item 151 of these rules.

94. Upon the demand of the potential supplier about refund, placed on its e-wallet, the operator of digital system of electronic procurement within three working days from receipt date of such requirement returns the specified money concerning which blocking is not performed or blocking is stopped.";

1) of Item 123 to state subitem paragraph two in the following edition:

"lack of permissions (notifications) got (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications, data on which prove to be true in digital systems of state bodies. In case of lack of data in digital systems of state bodies the potential supplier represents the copy of the corresponding permission (notification) received (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications;";

state Item 144 in the following edition:

"144. In case of equality of the conditional prices of tender price offers the winner the participant of the tender having the bigger indicator of financial stability of the potential supplier determined by the web portal automatically according to data of digital systems of bodies of state revenues is recognized.

For the purposes of these rules measure calculation of financial stability of the potential supplier is determined by the web portal automatically according to data of digital systems of bodies of state revenues on formula of measure calculation of financial stability according to appendix 8 to these rules.

In case of equality of indicators of financial stability the winner the participant of the tender, the application for participation which arrived before applications for participation in the tender of other potential suppliers is recognized.";

state Item 155 in the following edition:

"155. In cases of recognition of purchases cancelled on the bases provided by subitems 2) and 3) of Item 153 of these rules implementation of purchases by method from one source is not allowed by tender method.";

7) of Item 155-12 to state the subitem in the following edition:

"7) project implementation at the expense of own means with acceptance of object in trust management;

If the potential supplier as a part of the application for participation in the tender guarantees realization of object at the expense of own means with acceptance of object in trust management on the terms of the standard agreement of transfer to trust management, 48 (forty eight) points are appropriated to such potential supplier.

At the same time, other criteria, stipulated in Item 155-12 these rules, are not applied.

In case of equality of number of points of not price criteria the winner the participant of the tender having the bigger indicator of financial stability of the potential supplier determined by the web portal automatically according to data of digital systems of bodies of state revenues is recognized.";

state Item 156 in the following edition:

"156. Procurements by method of auction are conducted in real time on the web portal of purchases which carrying out is provided with the operator of digital system of electronic procurement.";

state Item 210 in the following edition:

"210. The potential supplier provides the separate documents required according to auction documentation, received by means of the address to the state digital systems and (or) the state databases or by means of filling of electronic form with use of the web portal.";

2) of Item 212 to state the subitem in the following edition:

"2) the bank guarantee provided in electronic form.

The potential supplier does not make the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet.

The operator of digital system of electronic procurement does not use the money which is in e-wallet, except as specified, of the these rules specified in Items 213 and 214.";

state Item 215 in the following edition:

"215. In case of approach of one of the cases provided by Items 213 and 214 of these rules, the amount of bid bond is credited in the income of the customer.

The operator of digital 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, providing advance payment (if the agreement provides advance payment) and (or) the amounts according to Item 151 of these rules. and (or) the amounts according to Item 151 of these rules.";

1) of Item 238-9 to state the subitem in the following edition:

"1) it is determined not conforming to qualification requirements on the following bases:

non-presentation of electronic copies of permissions (notifications) or permissions (notifications) in the form of the electronic document got (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications, data on which prove to be true in digital systems of state bodies. In case of lack of data in digital systems of state bodies the potential supplier represents notarially attested copy of the corresponding permission (notification) received (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications;

availability of tax debt exceeding sixfold monthly settlement indicator established for the corresponding financial year by the law on the republican budget, and also the discrepancy of financial stability determined by the web portal automatically based on data of bodies of state revenues;

overdue debt availability on the salary payment before workers determined automatically by means of digital system of authorized state body by work;

non-presentation, and is equal submission of incomplete data on qualification according to appendix 4 to auction documentation;

established fact of representation of unreliable information on qualification requirements;

is subject to insolvency proceeding or liquidation;";

2) of Item 267 to state the subitem in the following edition:

"2) the bank guarantee provided in electronic form according to appendix 16 to these rules.

The potential supplier does not make the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet.

The operator of digital system of electronic procurement does not use the money which is in e-wallet, except as specified, of the these rules specified in Items 268 and 269.";

state Items 269 and 270 in the following edition:

"269. Tender security on the participation in procurement by method of request of price offers brought through e-wallet is blocked by the operator of digital system of electronic procurement and does not return to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner evaded from the conclusion of the purchase agreement;

2) the winner, having signed the agreement, did not perform or in an inadequate way performed, including out of time performed, requirements about introduction and (or) terms of introduction of ensuring agreement performance.

270. In case of approach of one of the cases provided by Items 268 and 269 of these rules the tender security amount on participation in procurement by method of request of price offers is credited in the income of the customer.

The operator of digital 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.";

the paragraph one of Item 272 to state in the following edition:

"272. The operator of digital system of electronic procurement automatically will unblock to the potential supplier the tender security blocked by him on participation in procurement by method of request of price offers in the following cases:";

in Item 287:

the fifth the subitem 11) to state the paragraph in the following edition:

"about purchases, concluded by it as the supplier within fulfillment of duties (powers) of the operator of information and communication infrastructure of "the digital government";";

38) to state the subitem in the following edition:

"38) acquisitions or constructions of the data-processing centers having strategic importance for ensuring cyber security of the state, acquisition or lease of objects of information and communication infrastructure for data-processing centers at the request of the President of the Republic of Kazakhstan;";

323, 324 and 325 to state Items in the following edition:

"323. The supplier chooses one of the following types of ensuring agreement performance, providing advance payment (in the presence), the anti-dumping amount (in the presence):

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

2) the bank guarantee represented in electronic form in form according to appendix 27 to these rules;

3) the insurance contract of civil responsibility of the supplier signed according to the insurance contract for the purposes of ensuring agreement performance about purchases according to appendix 27-1 to these rules.

Subject of the insurance contract for the purposes of ensuring agreement performance about purchases and providing advance payment is the valuable interest of the supplier connected with its obligation to compensate the property harm done to the customer as a result of non-execution or improper execution of its agreement obligations about purchases.

The insured event according to the insurance contract for the purposes of ensuring agreement performance about purchases and providing advance payment admits the fact of approach of civil responsibility of the supplier on indemnification caused to valuable interests of the customer.

The insurance sum is determined by the insurance contract for the purposes of ensuring agreement performance about purchases and there cannot be less than three percent from the total amount of the purchase agreement.

324. The supplier does not make the actions leading to origin at the third parties of right to claim in general or in part on the placed money which is in e-wallet of the supplier before complete obligation fulfillment under the agreement.

325. Use by the Customer of the money which is in e-wallet brought by the supplier, on the purposes which are not provided by the Law is not allowed.";

4) of Item 348 to state the subitem in the following edition:

"4) execution of the electronic invoice which is written out by means of digital system of electronic invoices, according to the Rules of the statement of the invoice and its form approved by the order of the Minister of Finance of the Republic of Kazakhstan of October 28, 2025 No. 629, registered in the Register of state registration of regulatory legal acts at No. 37241 (further – Rules of the statement of the invoice and its form);";

3) of Item 349 to state the subitem in the following edition:

"3) registration electronic invoices, written out by means of digital system of electronic invoices, according to Rules of the statement of the invoice and its form;";

state Item 354 in the following edition:

"354. The work experience in the market of the purchased works, services of the potential supplier taking into account requirements of Item 353 of these rules is established in the tender documentation (auction documentation), according to the following criteria:

1) one year if the allocated amount on implementation of purchases by method of the tender (lot) or auction exceed the twenty-five-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

2) two years if the allocated amount on implementation of purchases by method of the tender (lot) or auction exceed the fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

3) three years if the allocated amount on implementation of purchases by method of the tender (lot) or auction exceed the hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

4) four years if the allocated amount on implementation of purchases by method of the tender (lot) or auction exceed the hundred-fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

5) five years if the allocated amount on implementation of purchases by method of the tender (lot) or auction exceed the two hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year.";

state Item 359-1 in the following edition:

"359-1. The tender for purchases of goods on which 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 withdrawals from national treatment when implementing public procurements" establishes withdrawals from national treatment are performed among the physical persons and legal entities which are in the register of the Kazakhstan producers.

The document confirming production of goods by the potential supplier who is in the register of the Kazakhstan producers is the Statement from the register of the Kazakhstan producers issued in accordance with the established procedure according to the order of the Minister of Industry and construction of the Republic of Kazakhstan of August 27, 2025 to No. 327 "About approval of Rules of maintaining the register of the Kazakhstan producers" (it is registered in the Register of state registration of regulatory legal acts at No. 36717).

In case of recognition not taken place the procurements conducted among the potential suppliers included in the register of the Kazakhstan producers, the customer makes the decision on the implementation of purchases among other potential suppliers according to the procedure established by these rules.";

state Item 412 in the following edition:

"412. The potential supplier brings providing the tender in type:

the money which is in e-wallet of the supplier which is brought by the potential supplier on the bank account of the organizer of purchases;

the bank guarantee according to appendix 10 to the standard tender documentation.";

1) of Item 434 to state the subitem in the following edition:

"1) it and (or) his subcontractor or the collaborator are determined not conforming to qualification requirements on the following bases:

non-presentation of notarially attested copies of permissions (notifications) in cases of lack of information about them in the state digital system, and also patents, certificates, certificates, other documents confirming the right of the potential supplier to production, conversion, delivery and realization of the purchased goods, performance of works, rendering services stipulated by the legislation the Republic of Kazakhstan;

non-presentation of permissions (notifications) in the form of the paper copy of the electronic document got (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications, data on which prove to be true in digital systems of state bodies;

non-presentation of the certificate of registration (re-registration) of legal entities, about accounting registration (re-registration) of their branches and representations received from the web portal of "the digital government": www.egov.kz;

non-presentation of notarially attested statement from constituent documents (if the charter does not contain the information about founders or the list of founders) containing the information about the founder or the list of founders, or the original of the statement from the register of the shareholders signed and assured by seal in accordance with the established procedure issued not earlier than one month preceding date of opening of envelopes;

availability in data of relevant organ of state revenues of information on the tax debt and debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget (except as specified when the payment due date is delayed according to the legislation of the Republic of Kazakhstan);

Note: financial stability of potential suppliers is determined by submission of the specified data taking into account requirements of these rules;

non-presentation of data on qualification according to appendices 7, 8 and 9 to the standard tender documentation;

discrepancy of the potential supplier to qualification requirements regarding possession material and the manpower sufficient for obligation fulfillment under the agreement, specified in the tender documentation (at the same time material and the manpower necessary for the customer for obligation fulfillment under the agreement, shall be specified in the technical specification which is integral part of the tender documentation);

established fact of submission of false information according to the documents submitted in the request;

it is subject to insolvency proceeding or liquidation;";

1) of Item 435 to state the subitem in the following edition:

"1) it and (or) his subcontractor or the collaborator are determined not conforming to qualification requirements on the following bases:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info