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The document ceased to be valid since June 19, 2021 according to Item 2 of the Order of the Government of the Republic of Kazakhstan of June 4, 2021 No. 375

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 30, 2009 No. 1729

About approval of Rules of the organization and carrying out purchase of medicines and medical products, pharmaceutical services

(as amended on 06-08-2020)

According to the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" the Government of the Republic of Kazakhstan DECIDES:

1. Approve Rules of the organization and carrying out purchase of medicines and medical products, pharmaceutical services.

2. Recognize invalid:

1) the order of the Government of the Republic of Kazakhstan of July 26, 2007 No. 632 "About approval of Rules of the organization and carrying out purchase of medicines for rendering the guaranteed amount of free medical care" (SAPP of the Republic of Kazakhstan, 2007 No. 25, the Art. 298);

2) the order of the Government of the Republic of Kazakhstan of March 31, 2009 No. 448 "About entering of amendments and changes into the order of the Government of the Republic of Kazakhstan of July 26, 2007 No. 632" (SAPP RK, 2009 No. 17, the Art. 150).

3. This resolution becomes effective after ten calendar days from the date of the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of October 30, 2009 No. 1729

Rules of the organization and carrying out purchase of medicines, medical products and pharmaceutical services

Section 1. Basic provisions

Chapter 1. General provisions

1. These rules of the organization and carrying out purchase of medicines and medical products, pharmaceutical services (further - Rules) articles 6, the subitem 7) of article 10 of the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (further - the Code), Item 2 of article 7 of the Law of the Republic of Kazakhstan of November 16, 2015 "About compulsory social medical insurance" are drafted according to the subitem 12) and determine procedure for the organization and carrying out purchase of medicines and medical products, pharmaceutical services in rendering the guaranteed amount of free medical care and medical care in system of compulsory social medical insurance.

2. In these rules the following concepts are used:

1) the affiliate of the customer or the organizer of purchase or the single distributor - 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 accepted by the customer, the organizer of purchase or the single distributor of the decision, including owing to the agreement, and also any person concerning whom the customer or the organizer of purchase or the single distributor have such right;

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

3) customers - local authorities of public administration by health care of areas, the cities of republican value and the capital, military-medical (medical) divisions, departmental divisions (organizations), and also the subjects of health care belonging to the state companies, legal entities, fifty and more percent of voting shares (shares) of which belongs to the state, the rendering medical services within the guaranteed amount of free medical care and in system of compulsory social medical insurance;

4) the single distributor - the legal entity performing within the guaranteed amount of free medical care and in system of compulsory social medical insurance activities according to article 77 of the Code;

5) purchase - acquisition by the customer, single distributor, lessor of medicines, medical products, pharmaceutical services in rendering the guaranteed amount of free medical care and in system of compulsory social medical insurance according to the procedure and the methods established by these rules including with use of the web portal of purchases;

6) expert evaluation - assessment performed by the lessor, individual entrepreneurs and legal entities according to technique of implementation of the expert evaluation of optimum technical characteristics and kliniko-technical reasons for the medical products requiring field service, approved by authorized body in the field of health care;

7) medicine - the means representing or containing the substance or combination of substances coming into contact with human body, intended for treatment, prevention of diseases of the person or recovery, correction or change of its physiological functions by means of pharmacological, immunological or metabolic impact or for diagnosis of diseases and condition of the person;

8) immunological medicine (immunobiological medicine) - the medicine intended for forming of active or passive immunity or diagnostics of availability of immunity, or diagnostics (development) of the specific acquired change of the immunological answer to allergiziruyushchy substances;

9)  No. 347 is excluded according to the Order of the Government of the Republic of Kazakhstan of 30.05.2019;

10) medical products - any tools, devices, devices, the equipment, materials and other products which are applied in the medical purposes separately or in combination among themselves, and also with the accessories necessary for application of the specified products to destination, including the special software; diagnostics, treatments of diseases, medical rehabilitation and monitoring of condition of human body, carrying out medical researches, recovery, replacement, change of anatomical structure or physiological functions of organism, prevention or termination of pregnancy and which functional purpose is not implemented by pharmacological, immunological, genetic or metabolic impact on human body are intended by the producer of medical product for prevention, and can be supported by use of medicines;

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

12) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), applying for the conclusion of the agreement according to these rules;

13) the supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), signed the agreement according to these rules, the agreement of financial leasing according to legal acts of the Republic of Kazakhstan;

14) the tender - the purchase method providing open competition between potential suppliers and directed to determination of the most advantageous conditions of the agreement on purchase;

15) the tender with use of two-stage procedures (further - the two-stage tender) - the purchase method providing open competition between potential suppliers and directed to determination of the most advantageous conditions of the agreement using the auction performed according to these rules;

16) the tender documentation - documentation submitted by the customer or the organizer of the tender to the potential supplier for preparation of the tender according to these rules;

17) the tender - the proposal of the potential supplier constituted according to the tender documentation or provisions of these rules;

18) the organizer of purchase - person determined by the customer or fund and the single distributor who organizes purchase by the methods provided by these rules and sends purchase results to the customer or fund and the single distributor for the conclusion of the agreement of purchase or the contract for rendering pharmaceutical services;

19) domestic producer - the physical person performing business activity, or the legal entity, being residents of the Republic of Kazakhstan, corresponding to the following criteria:

pharmaceutical activities for production of medicines, medical products in the territory of the Republic of Kazakhstan are performed based on the corresponding permission (notification) received (directed) according to the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications";

the goods ready to the use (application) are made according to their state registration in the Republic of Kazakhstan (registration certificate) on the production sites located in the Republic of Kazakhstan;

goods are made or subjected to sufficient conversion according to criteria of sufficient conversion of goods in the territory of the Republic of Kazakhstan and intended for the further address in the territory of the Republic of Kazakhstan according to the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation";

goods are subjected to sufficient conversion in the territory of special economic zones of the Republic of Kazakhstan according to criteria of sufficient conversion of goods according to the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation" and exported on other part of customs area of the Republic of Kazakhstan;

20) foreign producer (manufacturing plant) - the foreign legal entity created by the legislation of foreign state, who is the nonresident of the Republic of Kazakhstan, goods of which, ready to the use (application), are completely made or processed outside the Republic of Kazakhstan that is confirmed with the certificates of origin issued by competent authorities in the country of the exporter;

21) the list of medicines, the medical products which are purchased from the single distributor, (further - the list of the single distributor) - the document developed and approved by authorized body in the field of health care containing:

characteristics of medicines, medical products, their ceiling prices for the international non-proprietary name, possibilities of the conclusion of the long-term agreement of delivery with domestic producers;

specifying for medicines of the international non-proprietary name or structure, for medical product - the name or structure;

the name for the medical products requiring field service, the technical specification and picking, cost for unit and by picking, delivery dates on each description of goods;

22) authorized body in the field of the state support of industrial and innovative activities - the central executive body performing management in spheres of the industry and industrial and innovative development, development of the pharmaceutical and medical industry of the country, the state investment policy and policy of support of investments;

23) residents of the Republic of Kazakhstan are citizens of the Republic of Kazakhstan, including the foreigners and stateless persons having the document on the right of permanent residence in the Republic of Kazakhstan, all legal entities created according to the legislation of the Republic of Kazakhstan with the location in the territory of the Republic of Kazakhstan and also their branches and representations with the location in the Republic of Kazakhstan and beyond its limits;

24) nonresidents of the Republic of Kazakhstan - the physical persons, legal entities, their branches and representations which are not specified in the subitem 23) of this Item;

25) fixed price - the price of medicine, medical product determined by results of purchase at which the supplier shall deliver medicines, medical product to the single distributor;

26) pharmaceutical service - the activities of subjects in the sphere of drug circulation, medical products connected with out-patient provision of medicines of the population including purchase, transportation, storage, accounting and realization of medicines and medical products, within the guaranteed amount of free medical care and in system of compulsory social medical insurance;

27) cost recovery to the supplier of pharmaceutical service - compensation for the account of fund or means of local executive body of areas, the cities of republican value and the capital to the supplier of pharmaceutical service of costs at the cost established by results of purchase by the single distributor or local authorities of public administration by health care of areas, the cities of republican value and the capital, medicines, medical products including the cost of transportation services, to storage, accounting and realization of medicines, medical products;

28) the long-term agreement of supply of medicines and medical products - the civil agreement signed by the single distributor for up to ten years with producers of medicines, medical products of the Republic of Kazakhstan or the customer of the contract manufacturing of medicines and medical products located in the territory of the Republic of Kazakhstan on supply of the medicines and medical products made according to requirements of proper production practice (GMP) for medicines and requirements of the international standard of quality management system (ISO 13485) for medical products, except for medical products of class of safety of potential risk of application 1 and 2a (except sterile); or with the subject in the sphere of drug circulation and medical products having intention to create and modernize production of medicines and medical products or contract manufacturing of medicines and medical products with the producer of medicines located in the territory of the Republic of Kazakhstan, according to requirements of proper production practice (GMP) for medicines, and for medical products according to requirements of the international standard of quality management system (ISO 13485), except for medical products of class of safety of potential risk of application 1 and 2a (except sterile), according to the procedure, established by the legislation of the Republic of Kazakhstan;

29) guarantee field service - range of services on maintenance delivered by medical product in good repair, including any kinds of maintenance, technical diagnostics and fault detection of the equipment, rescue and recovery operations, technical consultations which are rendered by the supplier (the manufacturer, the contractor), including remotely (online, with use of specialized programs and the equipment, the data transmission channel identified barkody or other method), on condition of its proper use and storage is free for the term determined by agreements of purchase, long-term agreements of delivery, tripartite agreements of purchase and financial leasing, except for recoveries of the consumable materials and the worn-out nodes established by the plant the producer;

30) the agreement of financial leasing - the tripartite agreement according to which the lessor shall acquire in property the leasing subject specified by the leasing recipient at the supplier according to these rules and provide to the leasing recipient this subject of leasing in temporary ownership and use for a fee according to the Civil code of the Republic of Kazakhstan;

31) the agreement of purchase - the agreement signed between the customer and the supplier on the purchase of goods according to these rules and other regulatory legal acts of the Republic of Kazakhstan fixed in writing, signed by the parties or certified by digital signatures of the parties with all appendices;

32) the delivery agreement - the agreement signed between the single distributor and the supplier on the purchase of medicines, medical products according to these rules and other regulatory legal acts of the Republic of Kazakhstan signed by the parties or created in information system of the single distributor and certified by digital signatures of the parties with all appendices;

33) the agreement of purchase - the agreement signed between the single distributor and the customer on the purchase of medicines, medical products according to these rules and other regulatory legal acts of the Republic of Kazakhstan signed by the parties or created in information system of the single distributor and certified by digital signatures of the parties with all appendices;

34) the agreement on rendering pharmaceutical services - the agreement signed between the customer or the single distributor and the supplier on the purchase of pharmaceutical services according to these rules and other regulatory legal acts of the Republic of Kazakhstan fixed in writing, signed by the parties or created in information system of the single distributor and certified by digital signatures of the parties with all appendices;

35) kliniko-technical reasons - the document containing information on the need for the required medical product requiring field service, and readiness of the organization of health care it to apply;

36) the lessor - the legal entity (the participant of the leasing transaction) who by the attracted and (or) own money acquires subject of leasing in property and gives him to the leasing recipient on terms of the contract of financial leasing;

37) the leasing recipient - the organization of health care (the participant of the leasing transaction) which accepts leasing subject on terms of the contract of financial leasing;

38) leasing payments - the periodical payments representing the total amount of payments under the agreement of financial leasing for all duration of the agreement of financial leasing which shall be calculated taking into account compensation of all cost of subject of leasing at the price of the moment of the conclusion of the agreement of financial leasing, and performed throughout the duration of the agreement of financial leasing which include:

compensation to the lessor of purchase costs of subject of leasing and any other expenses which are directly connected with acquisition, delivery of subject of leasing and its reduction in the working condition for proper use according to the agreement of financial leasing;

remuneration on leasing;

39) the medical products which are requiring field service, subject to unification - the medical products requiring field service, with uniform technical characteristics, the health cares which are purchased by the organizations for rendering uniform medical services at the expense of means of the republican budget, including target current transfers to regional budgets, budgets of the cities of Nour-Sultan, Almaty, Shymkent on material equipment of the medical organizations at the local level;

40) leasing term - the term for which the subject of leasing is provided to the leasing recipient in temporary ownership and use according to the agreement of financial leasing at the same time early agreement cancelation of financial leasing in case of reservation of ownership right regarding leasing for the lessor does not involve change of term of leasing;

41) the investment project - complex of the actions providing investments on creation new and (or) upgrade of the operating productions of medicines according to standards of proper production practice (GMP) and medical products according to standards of quality management system of ISO according to the procedure, established by the Law of the Republic of Kazakhstan of November 9, 2004 "About technical regulation";

42)  No. 347 is excluded according to the Order of the Government of the Republic of Kazakhstan of 30.05.2019;

43) the price list of the single distributor - the price offer on goods approved by the single distributor for customers and service providers on accounting and sales of goods, containing list of the goods which were purchased by the single distributor with indication of their characteristic, unit of measure, packing, the name of the producer, the country of the producer, the price which is not exceeding marginal price according to the list of the single distributor taking into account markup of the single distributor for unit and also for medicines trade and the international non-proprietary name or structure, for medical products of the trade name or structure;

44) orphan (rare) medicine - the medicine intended for diagnostics, etiopatogenetichesky or pathogenetic treatment of orphan (rare) diseases which frequency does not exceed officially certain level in the Republic of Kazakhstan;

45) the state expert organization in the sphere of drug circulation, medical products - the organization determined by authorized body in the field of health care for conducting examination of medicines and medical products in the doregistratsionny and postregistration periods (further - the expert organization);

46) the supplier of pharmaceutical service - the subject of health care rendering services in providing the population in recipes with medicines, medical products based on the contract with local state body health care of areas, the cities of republican value and the capital or the single distributor according to the procedure and the methods determined by these rules;

47) information system of the single distributor - the information system determined by the single distributor automating activities of the single distributor and allowing message exchange of electronic documents with all concerned parties of process of distribution;

48) the digital signature - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

49) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

50) fund of social medical insurance (further - fund) - the non-profit organization making accumulation of assignments and fees, and also performing purchase and fee of the subjects of health care providing medical care in amounts and on the conditions provided by the agreement of purchase of medical services and other functions determined by the laws of the Republic of Kazakhstan;

51) goods - medicines, medical products;

52) the international unlicensed name of medicine - the name of medicine recommended by the World Health Organization;

53) the collaborator - the subjects of health care involved as the supplier to joint agreement performance about rendering pharmaceutical services;

54) the passing remaining balance - the medicines and (or) medical products accepted last financial years from suppliers on warehouse of the single distributor including unrealized customers from not reduced inventory;

55) subjects of health care - the organizations of health care, and also the physical persons practising private medicine and pharmaceutical activities;

56) DDP the INCOTERMS 2010 - the international trade term of standard agreement provisions of the international purchase and sale which are developed and determined by International Chamber of Commerce when the goods are delivered to the customer to the destination specified in the agreement, cleared of all customs duties and risks;

57) the tripartite agreement of purchase - the agreement signed between the single distributor, the customer and the supplier within the long-term agreement of delivery of the medical products requiring field service;

58) the expert - the physical person having special and (or) technical knowledge, experience and qualification in the field of the carried-out purchases, the confirmable relevant documents (diplomas, certificates, certificates and other documents), attracted by the customer, the organizer of purchases or the single distributor on a grant basis to making the expert opinion concerning compliance of the characteristic or the technical specification of the offered goods of potential suppliers to the list of the single distributor or the technical specification and requirements to the purchased goods established by these rules;

59) the web portal of purchase of medicines and medical products - the information system providing single point of access to electronic services of purchase of medicines and medical products within the guaranteed amount of free medical care and in system of compulsory social medical insurance;

Marginal 60) the price for the international non-proprietary name of medicine or technical characteristic of medical product within the guaranteed amount of free medical care and in system of compulsory social medical insurance (further - the ceiling price for the international non-proprietary name) - the price of the international non-proprietary name of medicine or technical characteristic of medical product above which the purchase within the guaranteed amount of free medical care and in system of compulsory social medical insurance cannot be made;

60-1) ceiling price for the trade name of medicine or medical product within the guaranteed amount of free medical care and in system of compulsory social medical insurance (further - the ceiling price for the trade name) - the price of the trade name of medicine or medical product above which the purchase within the guaranteed amount of free medical care and in system of compulsory social medical insurance cannot be made;

61) markup of the single distributor - the allowance approved by authorized body in the field of health care to the price of medicines, the medical products which are purchased by the single distributor specified in the delivery agreement;

62) service in accounting and realization of medicines, medical products - the activities of subjects in the sphere of drug circulation, medical products connected with providing the population with medicines, medical products, providing accounting, storage, realization (prescription dispensing) to the population;

63) the service provision agreement on accounting and realization of medicines, medical products - the agreement signed between the single distributor and the service provider on accounting and realization of medicines, medical products according to these rules and other regulatory legal acts of the Republic of Kazakhstan, fixed in writing, signed by the parties with all appendices;

64) local authorities of public administration by health care of areas, the cities of republican value and the capital - the state bodies realizing state policy in the field of health care, providing execution of the legislation of the Republic of Kazakhstan in the field of health care, performing management in the field of protection of public health, drug circulation, medical products, exercising monitoring and control of activities of subjects of health care;

65) service of the single distributor - set of the services rendered by the single distributor to fund connected with out-patient provision of medicines of the population medicines, medical products within the guaranteed amount of free medical care and medical care in system of compulsory social medical insurance;

66) information system of accounting of out-patient provision of medicines - the information system determined by authorized body in the field of health care for automation of accounting of the statement of recipes, goods issue by the supplier of pharmaceutical service or service in accounting and realization within the guaranteed amount of free medical care and medical care in system of compulsory social medical insurance at the out-patient level;

67) cost recovery to the supplier of service in accounting and realization of goods - compensation by the single distributor of costs for storage, realization and accounting of goods to the supplier of service in accounting and realization of medicines, medical products by results of purchase of services by fund;

68) not reduced inventory of medicines and medical products - the list of medicines, medical products established and acquired by the single distributor in the current financial year at the expense of own means in amount to ten percent from the total amount of the medicines, medical products from the list of the single distributor which were actually purchased by customers in previous year;

69) the service provision agreement of the single distributor - the agreement signed between fund and the single distributor on the purchase of service of the single distributor according to these rules and other regulatory legal acts of the Republic of Kazakhstan fixed in writing, signed by the parties or created in information system of the single distributor and certified by digital signatures of the parties with all appendices;

70) the agreement of out-patient provision of medicines - the agreement signed between the single distributor and subjects of health care within out-patient provision of medicines for the purpose of out-patient provision of medicines of the attached population by fund, according to these rules and other regulatory legal acts of the Republic of Kazakhstan, signed by the parties or created in information system of the single distributor and certified by digital signatures of the parties, with all appendices;

71) portable complex - special motor transport, on which are stationary fixed (not figurative and not portable), the medical products, medical products requiring field service, allowing to carry out autonomous medical and diagnostic actions;

72) the single operator in the sphere of purchases of medicines and medical products (further - the single operator) - the legal entity determined by authorized body in the field of health care in coordination with authorized body in the sphere of public procurements;

73) fund of social medical insurance - the non-profit organization making accumulation of assignments and fees, and also performing purchase and fee of the subjects of health care providing medical care in amounts and on the conditions provided by the agreement of purchase of medical services and other functions determined by the laws of the Republic of Kazakhstan;

74) pharmaceutical activities - the activities performed in the field of health care on production, production, wholesale and retail sale of medicines and medical products, connected with purchase (acquisition), storage, import, export, transportation, quality control, registration, distribution, use and destruction of medicines and medical products, and also ensuring their safety, quality and efficiency;

75) contract manufacturing of medicines and medical products (further - contract manufacturing) - production of medicines and medical products on contractual basis on production capacities of producers of the medicines and medical products located in the territory of the Republic of Kazakhstan which provide full compliance with requirements of proper production practice (GMP) for medicines;

76) the customer of contract manufacturing - the legal entity (except for public institutions, if other is not established for them the laws of the Republic of Kazakhstan) having contract manufacturing with the producer located in the territory of the Republic of Kazakhstan and the contract for the contract manufacturing of the original patented medicine which signed with it;

77) the list of the drugs, psychotropic substances and precursors which are subject to control in the Republic of Kazakhstan - the list of the drugs which are subject to control in the Republic of Kazakhstan, the psychotropic substances and precursors numbered and united in the corresponding tables and the list on the basis of international conventions;

78) the production site - territorially isolated complex of the producer of medicines, medical products intended for accomplishment of all production process of medicines, medical products or its certain stages;

79) expert group - the group of specialists in profile of the required medical products requiring field service, approved by authorized body in the field of health care on quantitative structure at least three people.

Chapter 2. The principles, methods and restrictions connected with purchase

3. The purchase is made with respect for the principles:

1) optimum and effective expenditure of the money used for purchase;

2) provisions to potential suppliers of equal opportunities for participation in the procedure of carrying out purchase;

3) fair competition among potential suppliers;

4) publicity and transparency of process of purchase;

5) supports of domestic producers;

6) supports of entrepreneurial initiative;

7) patsiyentooriyentirovannost of the medicinal help;

8) uninterrupted providing population of the Republic of Kazakhstan with medicines, medical products.

4. For the purpose of optimum and effective expenditure of the budgetary funds allocated for purchase of medicines, the medical products intended for rendering the guaranteed amount of free medical care, medical care in system of compulsory social medical insurance, medicines, medical products are bought at the prices which are not exceeding ceiling prices for the international non-proprietary name and ceiling prices for the trade name established by authorized body in the field of health care.

5. Annually till June first of the corresponding financial year the authorized body in the field of health care approves ceiling prices for international non-proprietary names of medicines, medical products according to the list of the single distributor the following financial year.

6. The purchase is performed by the customer or the organizer of purchase by one of the following methods:

1) tender;

2) request of price offers;

3) from one source;

4) at the single distributor according to its list;

5) through the single distributor on acquisition of the medical products requiring field service;

6) acquisitions of the medical products requiring field service on the terms of financial leasing according to the procedure, the established legal acts of the Republic of Kazakhstan for financial leasing of health care by the organizations, except for public institutions.

The purchase provided by subitems 1) - 3) this Item, customers or organizers of purchase can conduct procurements on the web portal.

7. The single distributor the purchase is performed by one of the following methods:

1) two-stage tender;

2) from one source;

3) special procedure of purchase of medicines, medical products for the prevention of origin and spread of infectious and parasitic diseases, prevention and elimination of consequences of emergency situations;

4) special procedure of purchase according to long-term agreements of delivery at the potential suppliers having intention on creation and (or) upgrade of production of medicines, medical products;

5) special procedure of purchase according to long-term agreements of delivery at the potential suppliers having production of medicines, medical products;

6) special procedure of purchase according to long-term agreements of delivery at the potential suppliers having production on the medical products requiring field service;

7) special procedure of purchase according to long-term agreements of supply of the original patented medicines at customers of contract manufacturing.

The purchase provided by subitems 1) and 2) of this Item the single distributor can conduct procurements on the web portal.

In cases of simultaneous carrying out in one financial year according to subitems 1) or 2) of this Item and purchase methods according to subitems 4), 5) of this Item in which the same potential supplier in whose requests medicines and (or) medical products with one characteristic and (or) technical characteristic are specified (lots) takes part requests with such lots which procedure of opening is begun earlier are considered by the single distributor of procedures of purchase the tender or contest committee. At the same time such lots in the purchase begun later are not considered by the tender or contest committee before summing up the purchase begun earlier.

In case of the conclusion by the tender or contest committee in the purchase begun later such lots deviate by the single distributor of the long-term agreement by results of the purchase begun earlier without consideration.

8. The lessor performs purchase of the medical products requiring field service for further transfer of health care to the organizations on the terms of financial leasing through the single distributor.

9. Workers, and also affiliates of the customer, the organizer of purchase, the single distributor or the lessor do not participate in quality of potential suppliers when implementing the purchase regulated by these rules.

The potential supplier and his affiliate do not act as the participant of the tender for one lot.

The potential supplier does not participate in purchase if:

1) close relatives, the spouse (spouse) or cousins-in-laws of the first heads of the potential supplier and (or) the authorized representative of the potential supplier have power of decision about the choice of the supplier or are customer representative, the organizer of purchase, the single distributor or the lessor in the carried-out purchase;

2) the head of the potential supplier applying for participation in procurement is connected with management, organization, participation in the authorized capital of the legal entities who are in the list of unfair potential suppliers or suppliers;

3) the head of the potential supplier applying for participation in purchase is the physical person performing business activity which is included in the list of unfair potential suppliers or suppliers;

4) the potential supplier who is the physical person performing business activity, applying for participation in purchase is the head of the potential supplier included in the list of unfair potential suppliers (suppliers);

5) the potential supplier consists in the list of unfair potential suppliers (suppliers);

6) financial and economic activities of the potential supplier or supplier are suspended according to the legislation of the Republic of Kazakhstan or the legislation of the state of the potential supplier - the nonresident of the Republic of Kazakhstan.

10. The list of unfair potential suppliers or suppliers is created by the customer, the organizer of purchase, the single distributor or the lessor based on the decisions of the courts which took legal effect and goes to authorized body in the field of health care for placement on its Internet resource according to the procedure and the terms provided by authorized body in the field of health care.

11. The bases for inclusion in the list of unfair potential suppliers or suppliers are:

1) representation by potential suppliers of unreliable information on qualification requirements or requirements to the goods and services acquired within rendering the guaranteed amount of free medical care and medical care in system of compulsory social medical insurance;

2) evasion of the potential suppliers determined by winners from the conclusion of the agreement according to these rules;

3) evasion of the potential suppliers who took the second place from the conclusion of the agreement according to these rules;

4) non-execution or improper execution by suppliers of obligations under the agreements signed with them that led to agreement cancelation by the customer, organizer of purchase or the single distributor unilaterally.

11-1. The single distributor shall make in court the claim for recognition of the potential supplier or the supplier unfair within 30 (thirty) calendar days from the date of when he knew of approach of the basis of presentation of the claim.

12. Involvement of the collaborator by the potential supplier for rendering pharmaceutical services is allowed, at the same time the collaborator of the potential supplier conforms to the qualification requirements imposed to the potential supplier of pharmaceutical services, established in subitems 1), 3), 10) of Item 14 of these rules.

Chapter 3. The qualification requirements imposed to the potential supplier

13. The potential supplier participating in purchase:

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