Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 15, 2012 No. 623

About approval of Rules of carrying out electronic public procurements

(as amended on 14-04-2014)

According to the subitem 14) of article 13 of the Law of the Republic of Kazakhstan of July 21, 2007 "About public procurements" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of carrying out electronic public procurements.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of April 2, 2010 No. 281 "About approval of Rules of carrying out electronic public procurements" (SAPP of the Republic of Kazakhstan, 2010, No. 28, the Art. 216).

3. This resolution becomes effective 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 May 15, 2012 No. 623

Rules of carrying out electronic public procurements

These rules of carrying out electronic public procurements (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 21, 2007 "About public procurements" (further - the Law), the laws of the Republic of Kazakhstan of January 11, 2007 "About informatization", of January 7, 2003 "About the electronic document and the digital signature" and determine procedure for carrying out electronic public procurements.

Rules do not extend to the public procurements conducted according to special and special procedures of public procurements by tender method, and also special procedure of public procurements for ensuring the requirements of defense provided by the Law.

1. General provisions

1. In these rules the following concepts are used:

1) the single operator in the sphere of electronic public procurements (further - the operator) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan, the single owner of shares (shares in the authorized capital) which is the state or national holding enabling the realization of single technical policy in the sphere of electronic public procurements;

2) the web portal of public procurements (further - the web portal) - the state information system providing single point of access to electronic services of electronic public procurements;

3) registration on the web portal of public procurements (further - registration) - the admission of the subject of system of public procurements, to participation in public procurements by means of the web portal;

4) the participant of the web portal (further - the participant) - the customer, the organizer of public procurements, the single organizer of public procurements, the potential supplier who were registered on the web portal;

5) the user of the web portal (further - the user) - the official of the participant or the representative of the participant;

6) participation on the web portal - use by the user of the web portal of public procurements on behalf of the participant for receipt of electronic services in the sphere of public procurements;

7) private office - the automated workplace of the user on the web portal;

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

9) conditional discount - percentage value of conditional reduction of the competitive price proposal of the potential supplier, provided by the contest committee based on the criteria stipulated in the electronic tender documentation according to item 4 of article 17 of the Law;

10) the electronic copy of the document - the document which is completely reproducing the type and information (data) of the authentic document in electronic and digital form certified by the digital signature of the applicant or person having powers on the certificate of this document, or the authorized employee of service center of the population based on written consent of the receiver of the state service this at the time of its personal presence;

11) the authorized representative on the web portal - the user of the participant of the web portal to which the relevant decision of the first participant manager of the web portal delegates the rights to accomplishment of all actions on the web portal including assurance of electronic copies of documents;

12) 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;

13) the electronic agreement - the agreement on public procurements in electronic and digital form certified by means of the digital signature and signed on the web portal;

14) use of the web portal - action of participants and users, carried out on the web portal for the purpose of implementation of activities in the sphere of public procurements, participations in public procurements, and also receipts of information placed on the web portal.

2. Electronic public procurements by methods of tender, request of price offers, auction and from one source are carried out according to the procedure, determined by these rules.

3. Use of the web portal of public procurements, and also its work in case of technical failures, are performed according to the procedure, determined by authorized body.

2. Procedure for carrying out electronic public procurements of goods, works, the services performed by tender method

The organization and carrying out electronic public procurements of the goods, works, services by the organizer or customer acting with him in one person, performed by tender method

4. The organization and carrying out electronic public procurements of goods, works, the services performed by the organizer or the customer acting with it in one person, tender method provides accomplishment of the following consecutive events:

1) determination by the customer of the organizer and official of the customer representing the interests of the last in the forthcoming public procurements, except as specified, when the customer and the organizer act in one person;

2) the direction the customer by means of the web portal of the invitation to the organizer who is the participant of the web portal, except as specified when the customer and the organizer act in one person;

3) approval of the tender documentation by the customer;

4) forming and approval of the tender documentation on the web portal;

5) education by the organizer and approval by the customer, if necessary, structure of commission of experts or expert;

6) statement of the contest committee by the customer of structure and determination of the secretary of the contest committee;

7) forming by the organizer of structure of the contest committee and determination of the secretary of the contest committee on the web portal;

8) the publication on the web portal of the announcement of carrying out electronic tender (further - tender);

9) obtaining by potential suppliers - participants of the web portal of the tender documentation with automatic registration of the fact of its obtaining on the web portal;

10) explanation by means of the web portal of provisions of the tender documentation to the potential suppliers who received it in the cases provided by Items 49 and 50 of these rules;

11) automatic registration on the web portal of the bids submitted in electronic form;

12) opening of requests and the publication on the web portal of the relevant protocol of opening;

13) consideration by the contest committee by means of the web portal of bids for determination of the potential suppliers conforming to qualification requirements, requirements of the tender documentation;

14) determination by the contest committee by means of the web portal of the list of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation with indication of the reasons of their discrepancy and information on missing documents or data for reduction by potential suppliers of bids according to qualification requirements and requirements of the tender documentation. The publication of results of this determination is performed on the web portal in the relevant protocol of the preliminary admission to participation in tender;

15) automatic registration on the web portal, the bids provided by potential suppliers according to qualification requirements and requirements of the tender documentation submitted in electronic form;

16) determination by the contest committee by means of the web portal of the list of potential suppliers who are allowed to participation in tender and the size of conditional discounts. The publication of results of this determination is performed on the web portal in the relevant protocol on the admission to participation in tender;

17) determination by the contest committee taking into account opinion of commission of experts or the expert (in case of their attraction) the best technical specification (the best technical specifications) of goods, services provided by potential suppliers in the bid. The publication of results of this determination is performed on the web portal in the relevant protocol on the admission to participation in tender;

18) automatic registration on the web portal of the competitive price offers provided by potential suppliers, allowed to participation in tender in the form of electronic documents;

19) automatic opening, assessment, comparison of competitive price proposals of participants of tender and determination of the winner web portal;

20) the automatic publication on the web portal of the protocol on results;

21) following the results of the competition held by the organizer, the conclusion between the customer and the winner of tender of the agreement on public procurements.

The actions provided by subitems 14) and 15) of this Item are performed in case of identification by the contest committee of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation.

The action provided by the subitem 17) of this Item is performed in case of purchase of goods, services.

5. Under the organization of tender for public procurements of the goods, works, services which are not uniform the organizer can organize and carry out single public procurements by the specified method with separation of such goods, works, services in the tender documentation on lots by their uniform types.

When implementing tender on public procurements of uniform goods, works, services, the organizer in the tender documentation divides uniform goods, works, services into lots in the place of their delivery (accomplishment, rendering).

When implementing tender on public procurements of several types of uniform goods, works, services, the organizer in the tender documentation divides goods, works, services into lots by their uniform types and (or) in the place of their delivery (accomplishment, rendering).

When implementing public procurements of works on construction the organizer of public procurements shall divide in the tender documentation into the work lots inseparably linked with construction, and goods which are not connected with construction.

The organization and carrying out electronic public procurements of goods, works, the services by the single organizer performed by tender method

6. The organization and carrying out electronic public procurements of goods, works, services as method of tender is performed by the single organizer based on representation by the customer of the task containing the following documents:

1) the request of the customer for carrying out electronic public procurements of goods, works, services as the tender method signed by the first head or the responsible secretary or other official performing powers of the responsible secretary, determined by the President of the Republic of Kazakhstan, the customer or person, the acting as the first head of the customer;

2) the approved first head or the responsible secretary or other official performing powers of the responsible secretary determined by the President of the Republic of Kazakhstan, the customer or person, the acting as the first head of the customer, the technical specification. In cases, stipulated by the legislation the Republic of Kazakhstan, the technical specification shall be approved with the relevant authorized body;

3) the approved first head or the responsible secretary or other official performing powers of the responsible secretary determined by the President of the Republic of Kazakhstan, the customer or person, the acting as the first head of the customer, the decision on determination of structure of commission of experts or expert;

4) the approved first head or the responsible secretary or other official performing powers of the responsible secretary determined by the President of the Republic of Kazakhstan, the customer or person, the acting as the first head of the customer, the draft agreement about public procurements being integral part of the tender documentation.

7. When implementing public procurements of works on construction the customer sends to the single organizer the task containing information on obligatory separation in the tender documentation into the work lots inseparably linked with construction, and goods which are not connected with construction.

8. The organization and carrying out goods by the single organizer of electronic public procurements, works, the services performed by tender method provides accomplishment of the following consecutive stages:

1) approval by the single organizer of the tender documentation containing the technical specification approved by the customer, the draft agreement about public procurements, structure of commission of experts or the expert and its forming by means of the web portal;

2) statement of the contest committee by the single organizer of structure and determination of the secretary of the contest committee from among users of the web portal and forming by means of the web portal of structure of the contest committee and determination of the secretary of the contest committee;

3) the publication on the web portal of the announcement of carrying out tender;

4) obtaining by potential suppliers - participants of the web portal of the tender documentation with automatic registration of the fact of its obtaining on the web portal;

5) explanation the single organizer by means of the web portal of provisions of the tender documentation to the potential suppliers who received it in the cases provided by Items 51, of 52, of 53, of 54 and 55 these rules;

6) automatic registration on the web portal of the bids submitted in electronic form;

7) opening of requests and the publication on the web portal of the relevant protocol of opening;

8) consideration by the contest committee by means of the web portal of bids for determination of the potential suppliers conforming to qualification requirements, requirements of the tender documentation;

9) determination by the contest committee by means of the web portal of the list of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation with indication of the reasons of their discrepancy and information on missing documents or data for reduction by potential suppliers of bids according to qualification requirements and requirements of the tender documentation. The publication of results of this determination is performed on the web portal in the relevant protocol of the preliminary admission to participation in tender;

10) automatic registration on the web portal, the bids provided by potential suppliers according to qualification requirements and requirements of the tender documentation submitted in electronic form;

11) determination by the contest committee by means of the web portal of the list of potential suppliers who are allowed to participation in tender and the size of conditional discounts. The publication of results of this determination is performed on the web portal in the protocol on the admission to participation in tender;

12) determination by the contest committee taking into account opinion of commission of experts or the expert in case of their availability of the best technical specification (the best technical specifications) of goods, services provided by potential suppliers in the bid. The publication of results of this determination is performed on the web portal in the protocol on the admission to participation in tender;

13) automatic registration on the web portal of the competitive price offers provided by potential suppliers, allowed to participation in tender in the form of electronic documents;

14) automatic opening, assessment, comparison of competitive price proposals of participants of tender and determination of the winner web portal;

15) the automatic publication on the web portal of the protocol on results;

16) following the results of tender the conclusion between the customer and the winner of tender of the agreement on public procurements.

The actions provided by subitems 9) and 10) of this Item are performed in case of identification by the contest committee of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation.

The action provided by the subitem 12) of this Item are performed in case of purchase of goods, services.

9. Under the organization of tender for public procurements of the goods, works, services which are not uniform the single organizer can organize and carry out single public procurements by the specified method with separation of such goods, works, services in the tender documentation on lots by their uniform types.

When implementing tender on public procurements of uniform goods, works, services, the single organizer in the tender documentation divides uniform goods, works, services into lots in the place of their delivery (accomplishment, rendering).

When implementing tender on public procurements of several types of uniform goods, works, services, the single organizer in the tender documentation divides goods, works, services into lots by their uniform types and (or) in the place of their delivery (accomplishment, rendering).

Forming by means of the web portal and approval of the tender documentation, in case of the organization and carrying out electronic public procurements by method of tender by the organizer or the customer acting with it in one person

10. The organizer for determination of conditions and procedure for carrying out tender creates in the state and Russian languages electronic form of the tender documentation on the web portal, according to appendix 1 to these rules, and approves it with the customer, except as specified, when the customer and the organizer act in one person.

11. The tender documentation developed by the organizer affirms the first head or the responsible secretary or other official performing powers of the responsible secretary determined by the President of the Republic of Kazakhstan, the customer or person, the acting as the first head of the customer.

Forming by means of the web portal and approval of the tender documentation, in case of the organization and carrying out electronic public procurements by method of tender by the single organizer

12. Was effective till January 1, 2015

13. The tender documentation developed by the organizer determined by the single organizer of public procurements according to subitems 3) 4) and 5) of Item 5 of article 7 of the Law affirms the first heads or responsible secretaries or other officials performing powers of the responsible secretary determined by the President of the Republic of Kazakhstan, customers or persons, the acting as the first heads of customers.

14. The single organizer for determination of conditions and procedure for carrying out tender creates in the state and Russian languages electronic form of the tender documentation on the web portal according to appendix 1 to these rules.

15. The tender documentation developed by the single organizer affirms the first head or person, the acting as the first head of the single organizer.

16. The tender documentation developed and approved by the single organizer shall contain:

1) approved according to the subitem 2) of Item 7 of these rules the customer, and in cases, stipulated by the legislation the Republic of Kazakhstan, the technical specification approved by the customer with the meeting authorized body;

2) the commission of experts approved according to the subitem 3) of Item 7 of these rules the customer or the expert for determination of the best technical specification (the best technical specifications) of goods, services provided by potential suppliers in the bid;

3) Item 7 of these rules the customer the draft agreement about public procurements which is integral part of the tender documentation approved according to the subitem 4).

Statement of structure of the contest committee, commission of experts or expert in case of the organization and carrying out electronic public procurements by method of tender by the organizer or the customer acting with it in one person

17. For performing procedures of carrying out tender the organizer on each tender separately creates and approves the contest committee and determines the secretary of the contest committee.

The decision on creation of the contest committee and determination of the secretary of the contest committee is accepted by the first head or the responsible secretary or other official performing powers of the responsible secretary determined by the President of the Republic of Kazakhstan, the organizer or person, the acting as the first head of the organizer.

If as the organizer the customer directly or on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements acts, the decision on creation of the contest committee and determination of the secretary of the contest committee is accepted by the first head or the responsible secretary or other official performing powers of the responsible secretary determined by the President of the Republic of Kazakhstan, the customer or person, the acting as the first head of the customer.

When implementing public procurements of works the organizer and if as the organizer the customer directly, or on behalf of the structural division acts, the customer if necessary includes in structure of the contest committee of representatives of authorized body in the corresponding field of activity in coordination with it, from among his workers registered on the web portal.

For development of the specification and (or) the technical specification of the purchased goods, works, services, the organizer and if as the organizer the customer directly, or on behalf of the structural division acts, the customer during development of the tender documentation if necessary creates commission of experts or involves the expert.

18. Members of the contest committee are the chairman, the vice-chairman and other members of the contest committee. During absence of the chairman of its function the vice-chairman carries out. The total quantity of members of the contest committee shall constitute odd number and to be at least three people.

If as the organizer the customer directly acts, the chairman of the contest committee determines the official not below the deputy first head.

If as the organizer the customer on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements acts, the chairman of the contest committee determines the official not below the head of this structural division of the customer.

When carrying out tender within the budget development programs providing implementation of the budget investment projects, the chairman of the contest committee determines the first head of the customer.

When carrying out tender within the budget development programs providing implementation of the budget investment projects by local executive body, the executive body financed from the local budget, the chairman of the contest committee determines the akim of the corresponding administrative and territorial unit of the Republic of Kazakhstan.

19. Chairman of the contest committee:

1) directs activities of the contest committee;

2) performs other functions provided by these rules.

20. The contest committee acts from the date of entry into force of the decision on its creation and stops the activities from the date of the conclusion of the agreement on public procurements of goods, works, services.

21. The decision of the contest committee is made by vote with use of the web portal and deemed accepted if for it the majority of votes from total quantity of members of the contest committee is given. In case of equality of votes the decision for which the chairman of the contest committee or, in case of its absence, the vice-chairman voted is deemed accepted.

In case of disagreement with the solution of the contest committee any member of this contest committee has the right to special opinion which is published on the web portal in the form of the electronic copy of the document.

In case of lack of the signature of any member of the contest committee in the relevant protocols of the contest committee the secretary of the contest committee on the web portal publishes the document or information containing signature absence reason.

22. Organizational activities of the contest committee are provided with the secretary of the contest committee. The secretary of the contest committee is not member of the contest committee and has no right to vote in case of adoption of decisions by the contest committee.

The secretary of the contest committee is determined from among officials of structural division of the organizer responsible for the organization and carrying out public procurements.

Secretary of the contest committee:

1) creates the tender documentation on the web portal;

2) is published by the announcement of carrying out tender on the web portal,

the protocol of opening of bids, the protocol on the preliminary admission in case of its availability, the protocol on the admission to participation in tender, and also other documents on the web portal, in case of their availability;

3) is published on the web portal by the conclusion of commission of experts or expert;

4) performs other functions provided by these rules.

23. Under the organization and carrying out tender for public procurements of works the organizer or the customer acting with it in one person according to Item 3 of article 25 of the Law has the right to approve commission of experts or the expert for preparation of the expert opinion concerning compliance of the works offered by potential suppliers, the technical specification which is integral part of the tender documentation.

Under the organization and carrying out tender for public procurements of works where instead of the technical specification which is integral part of the tender documentation, the tender documentation contains the design estimates approved in accordance with the established procedure the commission of experts or the expert does not affirm.

24. Under the organization and carrying out tender for public procurements of goods, services the organizer or the customer acting with it in one person according to Item 2 of article 25-1 of the Law has the right to approve structure of commission of experts or the expert.

25. The decision on creation of commission of experts is made by the first head or the responsible secretary or other official performing powers of the responsible secretary determined by the President of the Republic of Kazakhstan, the organizer or the customer acting with it in one person or person, the acting as the first head of the organizer or the customer acting with it in one person.

26. Members of commission of experts are the chairman, the vice-chairman and other members of commission of experts. During absence of the chairman of its function the vice-chairman carries out. The total quantity of members of commission of experts shall constitute odd number and to be at least three people.

27. The conclusion of commission of experts or expert is surely considered by the contest committee only if it is constituted within the requirements provided by the tender documentation. The expert opinion is signed by members of commission of experts or the expert, in case of determination of the expert without creation of commission of experts and is attached to the protocol on the admission to participation in tender on the web portal in the form of the electronic copy of the document certified by the digital signature of the secretary of the contest committee.

28. Under the organization and carrying out tender for public procurements of works the commission of experts or the expert draw the expert opinion regarding compliance of the works offered by potential suppliers to requirements of the tender documentation and have no right to vote in case of adoption of the decision by the contest committee.

Determination by commission of experts regarding compliance of the works offered by potential suppliers to requirements of the tender documentation is performed by open voting and deemed accepted if for it the majority of votes from total quantity of members of commission of experts is given. In case of equality of votes, accepted is considered the decision for which the chairman of commission of experts or, in case of its absence, the vice-chairman voted.

In case of disagreement with the conclusion of commission of experts, any member of this commission of experts has the right to special opinion which is applied to the conclusion of commission of experts and is published on the web portal in the form of the electronic copy of the document.

In case of lack of the signature of any member of commission of experts to the corresponding expert opinion the secretary of the contest committee on the web portal publishes the document or information containing signature absence reason.

Under the organization and carrying out tender for public procurements of works where instead of the technical specification which is integral part of the tender documentation, the tender documentation contains the design estimates approved in accordance with the established procedure the expert opinion regarding compliance of the works offered by potential suppliers to requirements of the tender documentation is not submitted.

29. Under the organization and carrying out tender for public procurements of goods, services the commission of experts or the expert determine the best technical specification (the best technical specifications) of goods, services provided by potential suppliers in the bid and have no right to vote in case of adoption of the decision by the contest committee.

Determination by commission of experts of the best technical specification (the best technical specifications) of goods, services provided by potential suppliers in the bid is performed by open voting and deemed accepted if for it the majority of votes from total quantity of members of commission of experts is given. In case of equality of votes the decision for which the chairman of commission of experts or, in case of its absence, the vice-chairman voted is deemed accepted.

In case of disagreement with the conclusion of commission of experts, any member of this commission of experts has the right to special opinion which is applied to the conclusion of commission of experts and is published on the web portal in the form of the electronic copy of the document.

In case of lack of the signature of any member of commission of experts to the corresponding expert opinion the secretary of the contest committee on the web portal publishes the document or information containing signature absence reason.

30. Prior to carrying out tender members of the contest committee, the secretary of the contest committee, and also commission of experts or the expert study the approved tender documentation and appendices to it.

Statement of structure of the contest committee, commission of experts or expert in case of the organization and carrying out electronic public procurements by method of tender by the single organizer

31. The single organizer on each tender separately develops for performing procedures of carrying out tender and approves the contest committee and determines the secretary of the contest committee.

The decision on creation of the contest committee and determination of the secretary of the contest committee is accepted by the first head or person, the acting as the first head of the single organizer.

32. Members of the contest committee are the chairman, the vice-chairman and other members of the contest committee. The total quantity of members of the contest committee shall constitute odd number and to be at least five people.

Under the organization and carrying out the tender by the single organizer determined according to the subitem 1) of Item 5 of article 7 of the Law, the chairman of the contest committee determines the first head of the customer.

Under the organization and carrying out the tender by the single organizer determined according to the subitem 2) of Item 5 of article 7 of the Law, the chairman of the contest committee determines the akim of the respective area, city of republican value and the capital.

The customer has the right to offer the employees in structure of the contest committee.

33. Chairman of the contest committee:

1) directs activities of the contest committee;

2) performs other functions provided by these rules.

34. The contest committee acts from the date of entry into force of the decision on its creation and stops the activities from the date of the conclusion of the agreement on public procurements of goods, works, services.

35. The decision of the contest committee is made by vote with use of the web portal and deemed accepted if for it the majority of votes from total quantity of members of the contest committee is given. In case of equality of votes, accepted is considered the decision for which the chairman of the contest committee or, in case of its absence, the vice-chairman voted.

In case of disagreement with the solution of the contest committee any member of this contest committee has the right to special opinion which is published on the web portal in the form of the electronic copy of the document.

In case of lack of the signature of any member of the contest committee in the relevant protocols of the contest committee the secretary of the contest committee on the web portal publishes the document or information containing signature absence reason.

36. Organizational activities of the contest committee are provided with the secretary of the contest committee. The secretary of the contest committee is not member of the contest committee and has no right to vote in case of adoption of decisions by the contest committee.

The secretary of the contest committee is determined from among officials of the single organizer.

Secretary of the contest committee:

1) creates the tender documentation on the web portal;

2) is published by the announcement of carrying out tender not the web portal,

the protocol of opening of bids, the protocol on the preliminary admission in case of its availability, the protocol on the admission to participation in tender, and also other documents on the web portal, in case of their availability;

3) is published on the web portal by the conclusion of commission of experts or expert;

4) performs other functions provided by these rules.

37. Under the organization and carrying out tender for public procurements of works the customer, according to Item 3 of article 25 of the Law approves commission of experts or the expert for preparation of the expert opinion concerning compliance of the works offered by potential suppliers, the technical specification which is integral part of the tender documentation.

Under the organization and carrying out tender for public procurements of works where instead of the technical specification which is integral part of the tender documentation, the tender documentation contains the design estimates approved in accordance with the established procedure the commission of experts or the expert does not affirm.

38. Under the organization and carrying out tender for public procurements of goods, services the customer according to Item 2 of article 25-1 of the Law approves commission of experts or the expert for determination of the best technical specification (the best technical specifications) of goods, services provided by potential suppliers in the bid.

39. The decision on creation of commission of experts is made by the first head or the responsible secretary or other official performing powers of the responsible secretary determined by the President of the Republic of Kazakhstan, the customer or person, the acting as the first head of the customer.

40. Members of commission of experts including are the chairman, the vice-chairman of commission of experts. During absence of the chairman of its function the vice-chairman carries out. The total quantity of members of commission of experts shall constitute odd number and to be at least three people.

41. The conclusion of commission of experts or expert is surely considered by the contest committee only if it is constituted within the requirements provided by the tender documentation. The expert opinion is signed by members of commission of experts or the expert, in case of determination of the expert without creation of commission of experts and is attached to the protocol on the admission to participation in tender on the web portal in the form of the electronic copy of the document certified by the digital signature of the secretary of the contest committee.

42. Under the organization and carrying out tender for public procurements of works the commission of experts or the expert draw the expert opinion regarding compliance of the works offered by potential suppliers to requirements of the tender documentation and have no right to vote in case of adoption of the decision by the contest committee.

Determination by commission of experts regarding compliance of the works offered by potential suppliers to requirements of the tender documentation is performed by open voting and deemed accepted if for it the majority of votes from total quantity of members of commission of experts is given. In case of equality of votes the decision for which the chairman of commission of experts or, in case of its absence, the vice-chairman voted is deemed accepted.

In case of disagreement with the conclusion of commission of experts any member of this commission of experts has the right to special opinion which is applied to the conclusion of commission of experts and is published on the web portal in the form of the electronic copy of the document.

In case of lack of the signature of any member of commission of experts to the corresponding expert opinion the secretary of the contest committee on the web portal publishes the document or information containing signature absence reason.

Under the organization and carrying out tender for public procurements of works where instead of the technical specification which is integral part of the tender documentation, the tender documentation contains the design estimates approved in accordance with the established procedure the expert opinion regarding compliance of the works offered by potential suppliers to requirements of the tender documentation is not drawn.

43. Under the organization and carrying out tender for public procurements of goods, services the commission of experts or the expert determine the best technical specification (the best technical specifications) of goods, services provided by potential suppliers in the bid and have no right to vote in case of adoption of the decision by the contest committee.

Determination by commission of experts of the best technical specification (the best technical specifications) of goods, services provided by potential suppliers in the bid is performed by open voting and deemed accepted if for it the majority of votes from total quantity of members of commission of experts is given. In case of equality of votes the decision for which the chairman of commission of experts or, in case of its absence, the vice-chairman voted is deemed accepted.

In case of disagreement with the conclusion of commission of experts any member of this commission of experts has the right to special opinion which is applied to the conclusion of commission of experts and is published on the web portal in the form of the electronic copy of the document.

In case of lack of the signature of any member of commission of experts to the corresponding expert opinion the secretary of the contest committee on the web portal publishes the document or information containing signature absence reason.

44. Prior to carrying out tender members of the contest committee, the secretary of the contest committee, and also commission of experts or the expert study the approved tender documentation and appendices to it.

Notice on carrying out tender

45. The organizer, the single organizer no later than three working days from the date of approval of the tender documentation, but at least in twenty calendar days prior to final date of submission of bids by potential suppliers, and in case of implementation of repeated tender the organizer no later than three working days from the date of approval of the tender documentation, but at least in ten calendar days prior to final date of submission of bids, publishes the announcement of the held competition, and also the approved tender documentation by means of the web portal.

Representation of the tender documentation to potential suppliers

46. From the date of the publication of the announcement of carrying out tender everyone is given opportunity of free receipt of the tender documentation from the web portal.

47. Provision of the tender documentation to potential suppliers - participants of the web portal automatically is registered on the web portal.

48. Provision of the tender documentation until the notice on carrying out tender on the web portal is not allowed.

Explanation of provisions of the tender documentation the organizer or the customer acting with it in one person

49. The potential supplier - the participant of the web portal if necessary sends to the organizer inquiry for explanation of provisions of the tender documentation with use of the web portal, but no later than five calendar days before the expiration of final term of submission of bids.

The organizer within two working days from the date of receipt of request publishes the text of explanation of provisions of the tender documentation on the web portal with the automatic notification of potential suppliers - the participants of the web portal who received the tender documentation.

50. The organizer in need of term no later than three calendar days before the expiration of final date of submission of bids on own initiative or in response to request of potential suppliers - participants of the web portal, makes changes and (or) additions to the tender documentation. Modification and (or) amendments in the tender documentation affirms according to the procedure, established by Items 11, of 12, of 13 these rules.

The organizer no later than one working day from the date of decision making about modification and (or) amendments in the tender documentation publishes on the web portal the specified tender documentation with indication of the made changes and (or) additions, with the automatic notification of potential suppliers - the participants of the web portal who received the tender documentation.

In that case the final term of submission of bids is prolonged for term at least fifteen calendar days.

Explanation of provisions of the tender documentation single organizer

51. The potential supplier - the participant of the web portal if necessary sends to the single organizer inquiry for explanation of provisions of the tender documentation with use of the web portal, but no later than five calendar days before the expiration of final term of submission of bids.

The single organizer within two working days from the date of receipt of request publishes the text of explanation of provisions of the tender documentation on the web portal with the automatic notification of potential suppliers - the participants of the web portal who received the tender documentation.

52. In case of the direction the potential supplier - the participant of the web portal of request about explanation of regulations of the technical specification and draft agreement on the public procurements which are integral part of the tender documentation, the single organizer in day of receipt of such request sends it to the customer with use of the web portal.

The customer within one working day from the date of receipt of request of the potential supplier - the participant of the web portal from the single organizer shall answer it with use of the web portal.

The single organizer in day of receipt of reply to the request of the potential supplier - the participant of the web portal shall publish the text of explanation of provisions of the technical specification and the draft agreement about the public procurements which are integral part of the tender documentation on the web portal with the automatic notification of potential suppliers - the participants of the web portal who received the tender documentation.

53. The single organizer in need of term no later than three calendar days before the expiration of final date of submission of bids on own initiative or in response to request of potential suppliers - participants of the web portal makes changes and (or) additions to the tender documentation, except for the changes and (or) amendments in the technical specification and the draft agreement which are integral part of the tender documentation. Modification and (or) amendments in the tender documentation, except for the changes and (or) amendments in the technical specification and the draft agreement which are integral part of the tender documentation affirms the single organizer according to the procedure, stipulated in Item 15 these rules.

The customer if necessary sends the approved decision on modification and (or) amendments to the technical specification or the draft agreement about the public procurements which are integral part of the tender documentation, to the single organizer in time no later than five calendar days before the expiration of final date of submission of bids.

The single organizer based on the decision approved by the customer brings no later than three calendar days before the expiration of final date of submission of bids, change and (or) amendment in the technical specification or the draft agreement about the public procurements which are integral part of the tender documentation in time.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.