THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

30

Rejection by tender committee to assessment and comparison of the bid of the potential supplier on the following bases:

1) documents are not submitted

(1. The technical specification with the description of functional, technical, quality and operational characteristics of goods, works, services, and also the documents confirming compliance of goods, works, services to these requirements;

2. Licenses, permissions (notification), the patent, the certificate, the certificate, the diploma, data on which prove to be true in information systems of state bodies (in the presence of the relevant requirement in the tender documentation);

3. References of bank or bank branch in which the potential supplier is serviced on lack of arrears according to the obligations of the potential supplier lasting more than three months to bank or bank branch (if the potential supplier is client of several banks of the second level or branches, and also foreign bank, this reference is submitted from each of such banks). The reference issued not earlier than one month preceding date of opening of envelopes with bids;

4. Certificates of the relevant tax authority of lack of tax debt or of availability of the tax debt less than one tenge issued not earlier than three months about day of opening of bids;

5. If the potential supplier is not resident of the Republic of Kazakhstan and is not registered as the taxpayer of the Republic of Kazakhstan, are represented: certificates of tax authority of the Republic of Kazakhstan that this potential supplier is nonresident of the Republic of Kazakhstan and does not stay on tax accounting; documents of title with the put-down apostille (legalized);

6. The payment orders confirming introduction of providing the bid on the bank account of the subject of natural monopoly (in the presence of the relevant requirement in the tender documentation);

7. If competition is announced on purchases of strategic goods, documents, confirmatory are submitted that the potential supplier is producer of the strategic goods received from the relevant competent authority;

8. The data on state registration (re-registration) of the legal entity issued by registering body;

9. If the potential supplier is taxpayer on value added, copies of the certificate on registration on the value added tax or the paper copy of the electronic document).

2) the potential supplier did not bring providing the bid;

3) the bid, contains the documents submitted or which are drawn up with violation of requirements;

4) availability in the reference of the relevant tax authority of data on tax debt and debt on compulsory pension contributions and social assignments in the amount of one tenge and more;

5) availability of the reference of bank or branch of bank of overdue debt at least on one obligation type of the potential supplier lasting more than three months preceding date of issue of this reference;

6) representation by the potential supplier of the technical specification which is not conforming to the requirements established in the technical specification of the tender documentation;

7) established fact of representation of unreliable information;

8) the potential supplier is affiliate of other potential supplier who submitted the application for participation in this tender (lot) if only persons affiliated among themselves took part in tender;

9) the prices of requests in tenge of the potential suppliers allowed to participation in tender exceed the amount allocated for purchases provided by the list;

10) the price proposal of the potential supplier is recognized as tender committee dumping

Considerable

64

Not taking into account in costly part of rate of the following expenses:

1) on above-standard technical and commercial losses, spoil and shortages of inventory items and inventories in warehouses, other non-productive costs and losses;

2) the depreciation charges of the fixed assets which are not used by provision of regulated services, or not being on balance of the subject;

3) on payment for use of the fixed assets (except fixed assets of general economy appointment) received in lease, trust management or in property employment, payments for operational leasing, except for payments for use of trunk gas pipeline along route Karaozek (Kyzylorda area) – Zhezkazgan – Karaganda – Temirtau – Astana, received in the lease, trust management or in property employment including the tax liabilities on property and payments for the involved investments connected with construction of trunk gas pipeline along the specified route;

4) on content and repair of the fixed assets which are not on balance of the subject, except for content and repair of the fixed assets received in use for provision of regulated services based on the trust management agreement of state-owned property from local executive bodies and also content and repair of trunk gas pipeline along route Karaozek (Kyzylorda area) – Zhezkazgan – Karaganda of Temirtau – Astana. At the same time, charges and repair of the gas distribution networks received according to the trust management agreement from local executive bodies join in rate step by step for every year of the period of its action. Stages of inclusion of charges and repair are determined by department of authorized body. Charges (operation) and repair of the networks of transfer of electrical energy received in trust management from local executive bodies cannot exceed the rate of inflation provided by the Forecast of social and economic development of the Republic of Kazakhstan from cost amount of the tariff estimate;

5) payments for above-standard emissions (dumpings) of pollutants;

6) legal costs;

7) bad debt;

8) penalties, penalty fee, penalties and other types of sanctions for violation of conditions of economic agreements;

9) penalties and penalty fee for concealment (understating) of the income;

10) losses from plunders;

11) losses from scrap of the fixed assets used for provision of regulated service, materials;

12) on content of productions of services and farms (free provision of rooms, payment of cost of utilities to the organizations of public catering);

13) on content of health care facilities, preschool institutions, educational institutions, technical training colleges, except technologically necessary, approved with competent authority;

14) on content of recreation camps, objects of culture and sport, dwelling stock;

15) on holding cultural and educational, improving and sporting events (carrying out evenings of rest, performances, concerts);

16) on repayment of the loans (including interest-free) issued to employees of the companies on improvement of housing conditions, acquisition of garden lodges and acquisition by household;

17) on improvement of garden partnerships (including, construction of roads, power - and water supply, implementation of other expenses of general nature);

18) on carrying out and the organization of lectures, exhibitions, debates, meetings with scientists and arts, scientifically technical conferences, the membership fees in public organizations and associations;

19) on media advertizing, according to the edition of advertizing, poster and typographical products, except for products used in the production purposes;

20) on acquisition, lease and content of apartments, residential buildings and constructions, places in hostels and hotels for personnel of the subject (except for maintenance costs of office premises on railway traveling for production personnel, regulated services, technologically necessary for provision, which join in production expenses);

21) on performance of works on improvement of the city, assistance to agricultural industry and other works of this sort;

22) on payment of the leaves to workers studying in the organization of education;

23) on awarding and other forms of remuneration following the results of work;

24) on payment of permits to workers and their children on treatment, rest, excursions at the expense of means of the subject, except the costs connected with rehabilitation treatment of occupational diseases;

25) on fee of polyclinics according to the agreements signed with bodies of health care on provision to the workers of medical care;

26) insurance payments (the fees paid by the companies for agreements of personal and property insurance, concluded by the companies for benefit of the workers);

27) on payment in addition provided (over stipulated by the legislation the Republic of Kazakhstan) leaves to workers, including the women raising children, payment of journey of members of the family of the worker to the place of use of leave and back and also compensation for unused leave;

28) on provision of all types of the sponsor's help;

29) privileges to the subject's workers (provision of food to workers is free or at reduced prices, payment of subscriptions in groups of health, occupations in sections, clubs, prosthetics);

30) on acquisition of gifts on anniversaries or issued in the form of encouragement to workers (including cars, apartments, objects of long-term use, and also increase in interest rates of employee personal accounts);

31) on compensation of cost of food to the children who are in preschool institutions, sanatoria and recreation camps;

32) on services of the banks and the organization performing separate types of banking activities on acceptance of utility payments from consumers;

33) assignments to labor unions on the purposes defined by the collective agreement;

34) connected with carrying out experienced and experimental works, production and testing of models and samples according to inventions and improvement suggestions (except for the works which are applied in representation of regulated services, the organization of exhibitions, reviews, tenders and other actions for invention and rationalization, payments of awards and others;

35) the expenses which are not relating to production and provision of regulated services and leading to growth of rates

Considerable

30.

Rejection by tender committee to assessment and comparison of the bid of the potential supplier on the following bases:

1) documents are not submitted

1. The technical specification with the description of functional, technical, quality and operational characteristics of goods, works, services, and also the documents confirming compliance of goods, works, services to these requirements;

2. Licenses, permissions (notification), the patent, the certificate, the certificate, the diploma, data on which prove to be true in information systems of state bodies (in the presence of the relevant requirement in the tender documentation);

3. References of bank or bank branch in which the potential supplier is serviced on lack of arrears according to the obligations of the potential supplier lasting more than three months to bank or bank branch (if the potential supplier is client of several banks of the second level or branches, and also foreign bank, this reference is submitted from each of such banks). The reference issued not earlier than one month preceding date of opening of envelopes with bids;

4. Certificates of the relevant tax authority of lack of tax debt or of availability of the tax debt less than one tenge issued not earlier than three months about day of opening of bids;

5. If the potential supplier is not resident of the Republic of Kazakhstan and is not registered as the taxpayer of the Republic of Kazakhstan, are represented: certificates of tax authority of the Republic of Kazakhstan that this potential supplier is nonresident of the Republic of Kazakhstan and does not stay on tax accounting; documents of title with the put-down apostille (legalized);

6. The payment orders confirming introduction of providing the bid on the bank account of the subject of natural monopoly (in the presence of the relevant requirement in the tender documentation);

7. If competition is announced on purchases of strategic goods, documents, confirmatory are submitted that the potential supplier is producer of the strategic goods received from the relevant competent authority;

8. The data on state registration (re-registration) of the legal entity issued by registering body;

9. If the potential supplier is taxpayer on value added, copies of the certificate on registration on the value added tax or the paper copy of the electronic document).

2) the potential supplier did not bring providing the bid;

3) the bid, contains the documents submitted or which are drawn up with violation of requirements;

4) availability in the reference of the relevant tax authority of data on tax debt and debt on compulsory pension contributions and social assignments in the amount of one tenge and more;

5) availability of the reference of bank or branch of bank of overdue debt at least on one obligation type of the potential supplier lasting more than three months preceding date of issue of this reference;

6) representation by the potential supplier of the technical specification which is not conforming to the requirements established in the technical specification of the tender documentation;

7) established fact of representation of unreliable information;

8) the potential supplier is affiliate of other potential supplier who submitted the application for participation in this tender (lot) if only persons affiliated among themselves took part in tender;

9) the prices of requests in tenge of the potential suppliers allowed to participation in tender exceed the amount allocated for purchases provided by the list;

10) the price proposal of the potential supplier is recognized as tender committee dumping

64.

Not taking into account in costly part of rate of the following expenses:

1) on above-standard technical and commercial losses, spoil and shortages of inventory items and inventories in warehouses, other non-productive costs and losses;

2) the depreciation charges of the fixed assets which are not used by provision of regulated services, or not being on balance of the subject;

3) on payment for use of the fixed assets (except fixed assets of general economy appointment) received in lease, trust management or in property employment, payments for operational leasing, except for payments for use of trunk gas pipeline along route Karaozek (Kyzylorda area) – Zhezkazgan – Karaganda – Temirtau – Astana, received in the lease, trust management or in property employment including the tax liabilities on property and payments for the involved investments connected with construction of trunk gas pipeline along the specified route;

4) on content and repair of the fixed assets which are not on balance of the subject, except for content and repair of the fixed assets received in use for provision of regulated services based on the trust management agreement of state-owned property from local executive bodies and also content and repair of trunk gas pipeline along route Karaozek (Kyzylorda area) – Zhezkazgan – Karaganda of Temirtau – Astana. At the same time, charges and repair of the gas distribution networks received according to the trust management agreement from local executive bodies join in rate step by step for every year of the period of its action. Stages of inclusion of charges and repair are determined by department of authorized body. Charges (operation) and repair of the networks of transfer of electrical energy received in trust management from local executive bodies cannot exceed the rate of inflation provided by the Forecast of social and economic development of the Republic of Kazakhstan from cost amount of the tariff estimate;

5) payments for above-standard emissions (dumpings) of pollutants;

6) legal costs;

7) bad debt;

8) penalties, penalty fee, penalties and other types of sanctions for violation of conditions of economic agreements;

9) penalties and penalty fee for concealment (understating) of the income;

10) losses from plunders;

11) losses from scrap of the fixed assets used for provision of regulated service, materials;

12) on content of productions of services and farms (free provision of rooms, payment of cost of utilities to the organizations of public catering);

13) on content of health care facilities, preschool institutions, educational institutions, technical training colleges, except technologically necessary, approved with competent authority;

14) on content of recreation camps, objects of culture and sport, dwelling stock;

15) on holding cultural and educational, improving and sporting events (carrying out evenings of rest, performances, concerts);

16) on repayment of the loans (including interest-free) issued to employees of the companies on improvement of housing conditions, acquisition of garden lodges and acquisition by household;

17) on improvement of garden partnerships (including, construction of roads, power - and water supply, implementation of other expenses of general nature);

18) on carrying out and the organization of lectures, exhibitions, debates, meetings with scientists and arts, scientifically technical conferences, the membership fees in public organizations and associations;

19) on media advertizing, according to the edition of advertizing, poster and typographical products, except for products used in the production purposes;

20) on acquisition, lease and content of apartments, residential buildings and constructions, places in hostels and hotels for personnel of the subject (except for maintenance costs of office premises on railway traveling for production personnel, regulated services, technologically necessary for provision, which join in production expenses);

21) on performance of works on improvement of the city, assistance to agricultural industry and other works of this sort;

22) on payment of the leaves to workers studying in the organization of education;

23) on awarding and other forms of remuneration following the results of work;

24) on payment of permits to workers and their children on treatment, rest, excursions at the expense of means of the subject, except the costs connected with rehabilitation treatment of occupational diseases;

25) on fee of polyclinics according to the agreements signed with bodies of health care on provision to the workers of medical care;

26) insurance payments (the fees paid by the companies for agreements of personal and property insurance, concluded by the companies for benefit of the workers);

27) on payment in addition provided (over stipulated by the legislation the Republic of Kazakhstan) leaves to workers, including the women raising children, payment of journey of members of the family of the worker to the place of use of leave and back and also compensation for unused leave;

28) on provision of all types of the sponsor's help;

29) privileges to the subject's workers (provision of food to workers is free or at reduced prices, payment of subscriptions in groups of health, occupations in sections, clubs, prosthetics);

30) on acquisition of gifts on anniversaries or issued in the form of encouragement to workers (including cars, apartments, objects of long-term use, and also increase in interest rates of employee personal accounts);

31) on compensation of cost of food to the children who are in preschool institutions, sanatoria and recreation camps;

32) on services of the banks and the organization performing separate types of banking activities on acceptance of utility payments from consumers;

33) assignments to labor unions on the purposes defined by the collective agreement;

34) connected with carrying out experienced and experimental works, production and testing of models and samples according to inventions and improvement suggestions (except for the works which are applied in representation of regulated services, the organization of exhibitions, reviews, tenders and other actions for invention and rationalization, payments of awards and others;

35) the expenses which are not relating to production and provision of regulated services and leading to growth of rates