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The document ceased to be valid since  September 12, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of September 1, 2015 No. 727

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 5, 2011 No. 1467

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,

(as amended on 04-02-2014)

According to Item 3 of article 18-4 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" the Government of the Republic of Kazakhstan DECIDES:

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.

2. This resolution becomes effective after ten calendar days after 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 December 5, 2011 No. 1467

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,

1. General provisions

1. 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" (further - the Law) and establish 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.

2. The requirements provided by these rules do not extend to cases of carrying out purchases:

1) subjects of the natural monopolies conducting procurement according to the legislation of the Republic of Kazakhstan on public procurements;

2) subjects of natural monopolies, fifty and more percent of shares (shares) of which directly or indirectly belong to national managing holding;

3) electrical and (or) heat energy at the qualified power making organization according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources;

4) the balancing electrical energy, electrical energy at the centralized biddings, spotrynka according to the legislation of the Republic of Kazakhstan on power industry, and also on subjects of natural monopolies of low power and the regional electric grid companies.

3. In these rules the following concepts are used:

1) the potential supplier - the legal entity, physical person or the individual entrepreneur applying for the conclusion of the purchase agreement;

2) affiliirovanny face of the potential supplier - any 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 any physical person or legal entity concerning which this potential supplier has such right;

3) 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;

4) competent authority - the state body performing management of the corresponding industry (sphere) of public administration;

5) 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;

6) 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, established by these rules;

7) strategic goods - the coal, gas, fuel oil, diesel fuel used in fuel quality for production of heat energy by subjects of natural monopolies, electrical energy - for subjects of natural monopolies in spheres of transfer and (or) distribution of electrical energy, water management and sewer systems, gas - for own needs and losses for subjects of natural monopolies in the field of gas transportation or gas condensate on the bulk and (or) distribution pipelines;

8) producers of strategic goods - the physical persons and legal entities making strategic goods or being owners of raw materials for production (conversion) of strategic goods or it is direct on behalf of the foreign producer realizing them in the territory of the Republic of Kazakhstan;

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

10) 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;

11) 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;

12) 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;

13) 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;

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

15) 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;

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

4. The tender is held by the subject of natural monopoly with respect for the following principles:

1) openness and publicity of holding tender procedures;

2) providing to all potential suppliers of equal opportunities for participation in the tender;

3) fair competition among potential suppliers;

4) support of domestic producers and domestic suppliers of works, services.

5. The subject of natural monopoly conducts procurement of strategic goods directly at producers of strategic goods, except as specified:

1) availability of deficit of electrical energy in the corresponding goods market in the absence of access to the market of centralized trade of electrical energy and capacity;

2) discrepancies of the subject of natural monopoly to the conditions for participation in the wholesale market of electrical energy shown to consumers;

3) purchases of electrical energy for economic needs of subjects of natural monopolies in spheres of transfer and distribution of electrical energy;

4) purchases of gas at the organizations performing its import with deficit of gas;

5) purchases of electrical energy according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources.

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