THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES AND PROTECTION OF THE COMPETITION

of June 6, 2003 No. 149-OD

About approval of Rules of purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services,

Being guided by the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" and the subitem 6) of Item 21 of the Regulations on the Agency of the Republic of Kazakhstan on regulation of natural monopolies approved by the order of the Government of the Republic of Kazakhstan of October 12, 2007 No. 943, I ORDER:

1. Approve the enclosed Rules of purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services (further - Rules).

2. To department of the legislation and regulation of the housing-and-municipal relations (Dzholdybayeva G. T.) provide in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

3. To department of administrative work (Shabdarbayev A. T.):

provide in the procedure established by the legislation publication of Rules in official mass media;

bring Rules to the attention of structural divisions and territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition.

4. Declare invalid the order of Committee of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against August 15, 1998 No. 03/1-OD "About approval of Rules of purchase of material and financial resources, the equipment for production needs by subjects of natural monopoly on tender basis".

5. To impose control of execution of this order on the Vice-chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition Amrin A. K.

6. This order becomes effective from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan.

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against June 6, 2003 No. 149-OD

Rules of purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services,

These rules of purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services (further - Rules), are developed according to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" and establish the general legal and economic principles, and also procedure for carrying out purchases by subjects of natural monopolies of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services.

The purposes of these rules are ensuring the maximum profitability and efficiency of purchases and control of expenditure of the funds allocated by subjects of natural monopolies for purchases of goods, works and services, costs for which are considered when forming rates (the prices, rates of charges) on the services rendered by them.

The requirements provided by these rules do not extend to the subjects of the market determined by part two of Item 3 and Item 9 of article 18-4 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets".

Section 1. General provisions

Chapter 1. The concepts used in these rules

1. In these rules the following concepts are used:

1) affiliirovanny face of the customer - person (except for the state bodies performing regulation of its activities within the conferred powers) who has opportunity directly and (or) indirectly to determine decisions and (or) to exert impact on the decisions made by the subject of natural monopoly, including owing to the agreement, including the verbal agreement, or other transaction, and also any person concerning whom the subject of natural monopoly has such right;

2) affiliirovanny face of the potential supplier - any physical person or legal entity which has the right directly and (or) to indirectly determine the decision and (or) to exert impact on the decisions made by this potential supplier, including owing to the agreement or other transaction, and also any physical person or legal entity concerning which this potential supplier has such right;

3) warranty providing the tender - pledge of money or the bank guarantee provided by the potential supplier who showed willingness to take part in the tender;

4) the customer - the subject of natural monopoly conducting procurement according to these rules;

5) purchase - acquisition by the customer of goods, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services, according to the procedure and the methods established by these rules;

6) competent authority - the industry ministry and (or) department, and for subjects of the natural monopolies rendering regulated services of water management and (or) sewer systems in the territory of one area - local executive bodies, and for subjects of the natural monopolies rendering regulated services of water management system in the territory of two or more oblasteykomitt on water resources of the Ministry of Agriculture of the Republic of Kazakhstan;

7) homogeneous goods, works, services - goods, works and services which without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and to be interchangeable;

8) The list of the goods which are purchased by the subject of natural monopoly, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services (further - the List) - the nomenclature of the goods which are purchased within year by the subject of natural monopoly, works and services, costs for which are considered in case of approval of rates (the prices, rates of charges) or their limits and tariff estimates on regulated services, with indication of units of measure, amounts, terms, methods of procurement, and also the maximum sizes of the amounts directed within one year to purchases of each type of goods, works and services;

9) the potential supplier - legal, physical person or the individual entrepreneur;

10) the tender - the purchase method providing the competition between potential suppliers and directed to detection of the most advantageous conditions of the agreement of purchase;

11) the tender documentation - the document provided by the customer to the potential supplier for preparation of the tender, containing conditions and procedure for carrying out the tender;

12) the tender - the tender offer of the potential supplier constituted according to the tender documentation;

13) the tender commission - the commission which is created of number of persons employed of the customer for implementation of purchase of goods, works and services in cases and the methods established by these rules;

14) authorized body - the state body performing management in spheres of natural monopolies and in the controlled markets;

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