ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 14, 2013 No. 133

About approval of Rules of purchase of goods, works and services when carrying out transactions in subsurface use by means of the state information system "The Register of the Goods, Works and Services Used when Carrying Out Transactions on Subsurface Use and Their Producers"

According to the subitem 54) of article 16 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of purchase of goods, works and services when carrying out transactions in subsurface use by means of the state information system "The Register of the Goods, Works and Services Used when Carrying Out Transactions on Subsurface Use and Their Producers".

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

Approved by the Order of the Government of the Republic of Kazakhstan of February 14, 2013 No. 133

Rules of purchase of goods, works and services when carrying out transactions in subsurface use by means of the state information system "The Register of the Goods, Works and Services Used when Carrying Out Transactions on Subsurface Use and Their Producers"

1. General provisions

1. These rules of purchase of goods, works and services when carrying out transactions in subsurface use by means of the state information system "The Register of the Goods, Works and Services Used when Carrying Out Transactions on Subsurface Use and Their Producers" (further - Rules) are developed according to the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (further - the Law) and determine procedure for purchase of goods, works and services (further - TRU) subsoil users and their authorized persons when carrying out the transactions on subsurface use provided in annual and (or) medium-term, and (or) long-term programs of purchase of TRU and also their contractors involved by subsoil users or their authorized persons to accomplishment of the separate work types connected with carrying out transactions on subsurface use with compulsory use of the state information system "The register of goods, works and services the transactions used when carrying out on subsurface use, and their producers".

The procedures of implementation of purchase by customers connected with purchase of TRU when carrying out transactions on subsurface use are held in the territory of the Republic of Kazakhstan.

2. Action of these rules does not extend on:

1) the subsoil users performing transactions on investigation or production of popular minerals;

2) the subsoil users acquiring TRU according to the legislation of the Republic of Kazakhstan on public procurements;

3) the legal entities having subsurface use rights, fifty and more percent of voting shares (shares) of which the national managing holding directly or indirectly owns.

3. In these rules the concepts and determinations established in the Law and also the following concepts are used:

1) the customer - the subsoil user, the contractor, the authorized person of the subsoil user performing acquisition of TRU according to these rules;

2) purchase - the acquisition at the expense of own means of TRU when carrying out transactions on subsurface use, contract commitments, necessary for accomplishment, and the activities provided in the contract as accompanying performed according to the procedure and the methods established by these rules;

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

4) purchase code - the code created by the register when forming announcements of carrying out purchase of TRU by the methods specified in subitems 1), 3), 4) of Item 6 of these rules or when forming the protocol of summing up purchase of TRU by the method specified in the subitem 2) of Item 6 of these rules;

5) essential terms of the contract are conditions about the subject of the agreement, terms and the place of delivery of goods, performance of works, rendering services, payment procedure, the duration of the agreement;

6) the tender documentation - documentation approved by the customer which contains conditions of holding open tender, represented to the potential supplier for preparation of the bid and the competitive price offer;

7) the contest committee - the collegiate organ created by the customer for accomplishment of the procedure of carrying out purchase of goods, works and services according to the procedure and the methods established by subitems 1), 4) of Item 6 of these rules;

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

9) the potential supplier - the physical person, the legal entity, temporary consolidation legal entities (consortium) participating in process of purchase of TRU used when carrying out transactions on subsurface use;

10) the contractor - the physical person or legal entity involved by the subsoil user or his authorized person for accomplishment of the separate work types connected with carrying out transactions on subsurface use;

11) the register of the goods, works and services used when carrying out transactions on subsurface use and their producers (further - the register) - the state information system intended for control and monitoring of purchases of TRU used when carrying out transactions on subsurface use and their producers, and also carrying out electronic procurement and forming of the list of TRU used when carrying out transactions on subsurface use;

12) the administrator of the register - authorized body in the field of industrial policy;

13) the accompanying activities - the activities which are not connected with carrying out transactions on subsurface use and directed to accomplishment of licensed contractual terms, expenses on which are considered by competent authority in workmanship the subsoil user of contract commitments;

14) the authorized person of the subsoil user - the physical person or legal entity authorized by the subsoil user to perform on behalf of the subsoil user purchase of TRU when carrying out transactions on subsurface use according to these rules;

15) National certification center of the Republic of Kazakhstan - the certification center serving members of "the electronic government", the state and non-state information systems;

16) the conditional price - the price calculated taking into account conditional reduction of price of the bid of the participant of the tender which is the Kazakhstan producer of the goods which are purchased within tender, or the Kazakhstan operator and (or) services, of twenty percent and used only in case of assessment and comparison of bids for the purpose of determination of the winner of tender;

17) 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;

18) financial year - the period of time determined according to the budget legislation of the Republic of Kazakhstan;

19) complex work - the set of works and services extended only to subsoil users in the sphere of solid minerals and including accomplishment of project and prospecting works, "turnkey" construction, management of project and prospecting works, "turnkey" construction (if necessary), and accompanying the specified works delivery of goods, rendering services;

20) "turnkey" construction - construction, its providing and delivery to the customer of object, ready for operation.

4. Holding procedures of purchase and all documentation on purchase, including bids of potential suppliers with the enclosed documents, are performed in the state and Russian languages with appendix in the cases provided by the tender documentation, the translation in other languages.

In case of disagreement between transfers in the documents approved as the customer and (or) submitted by the potential supplier, the advantage will be had by the documents submitted in state language.

5. The currency applied to simplification of assessment procedure and comparison of the prices offered by the potential suppliers participating in purchase, expressed in various currencies is the currency of the Republic of Kazakhstan - tenge on the official rate established by National Bank of the Republic of Kazakhstan for date of assessment and comparison of the prices.

6. The purchase of TRU when carrying out transactions on subsurface use is performed with use by the customer of the register one of the following methods:

1) open tender;

2) from one source;

3) request of price offers;

4) through system of electronic procurement.

Procurements of goods by method through commodity exchanges are conducted according to the legislation of the Republic of Kazakhstan on commodity exchanges.

7. The customer the decision determines the authorized person which on behalf of the customer makes the actions for forming and placement of information provided by these rules in the register.

8. When carrying out purchases of TRU the method of open tender and through system of electronic procurement to the potential supplier imposes the following qualification requirements:

1) to have legal capacity (for legal entities), civil capacity to act (for physical persons);

2) to be solvent;

3) not to be subject to liquidation procedure or bankruptcies.

To the specified requirements the potential supplier submits the documents specified in subitems 2), 5), 10) of Item 40 of these rules to confirmation of conformity.

9. Acquisition of TRU used when carrying out transactions on subsurface use is performed, with respect for the following principles:

1) publicity and transparency of process of purchases;

2) fair competition among potential suppliers;

3) supports of the Kazakhstan TRU producers.

In case of violation by the customer of the regulations reflected in these rules at any stage of procurement procedure, the customer shall refuse carrying out purchase and carry out such purchase(s) again.

The potential supplier in case of disagreement with the decision of the customer on refusal of carrying out purchase has the right to appeal behind protection of the interests to court.

10. Process of purchase includes:

1) purchase planning;

2) choice of the supplier and conclusion of the contract with it on purchase;

3) agreement performance about purchase.

11. Participation of the potential supplier in the carried-out purchase is not allowed if:

1) close relatives, the spouse (a) or cousins-in-laws of heads of this potential supplier and (or) the authorized representative of this potential supplier have power of decision about the choice of the supplier or are the customer's worker;

2) the potential supplier and (or) his worker rendered to the customer consulting and (or) other services in preparation of the carried-out purchase;

3) the potential supplier participated in quality of the general designer or subdesigner in development of the feasibility statement and (or) project (project and estimate) documentation on asset construction which is subject of the carried-out purchase, except for participations of developer of the feasibility statement in purchase on development of project (project and estimate) documentation;

4) financial and economic activities of the potential supplier are suspended according to the legislation of the Republic of Kazakhstan or the legislation of the state of the potential nonresident supplier of the Republic of Kazakhstan;

5) financial and economic activities of the contractor involved by the potential supplier are suspended according to the legislation of the Republic of Kazakhstan or the legislation of the state of the nonresident contractor of the Republic of Kazakhstan.

Action of subitems 2) and 3) of this Item does not extend to purchase of complex works.

12. Participation of the potential supplier and his affiliate in one open tender (lot), except for participations of such persons in the carried-out purchase as temporary consolidation of legal entities (consortium) is not allowed.

Participation of the member of consortium in the same purchase on the same lot with consortium as the independent potential supplier of TRU is not allowed.

13. Participation in purchase of TRU of temporary associations of legal entities (consortia) is allowed. In case of participation in procurement of such temporary associations of legal entities, his participants in addition to documents for confirmation of the qualification requirements, stipulated in Item 40 these rules, are represented:

1) the scanned copy of the agreement on joint economic activity signed by authorized representatives of the legal entities entering consolidation (consortium), and fastened with corporate seals of these legal entities;

2) the scanned copies of the corresponding licenses of one or several the member(s) of consortium on sales right of goods, performance of works, rendering services, regarding the activities provided by the agreement on joint economic activity if such activities of the potential supplier are subject to licensing according to the current legislation of the Republic of Kazakhstan about licensing.

14. For participation in purchase of TRU when carrying out transactions on subsurface use by means of the register it is necessary to receive or introduce in the register of registration certificates the digital signature in National certification center of the Republic of Kazakhstan, to register legal and (or) physical person in the register as the participant of purchase (the customer and (or) the supplier), and also in the register to register persons authorized on forming and placement of information in the register.

This requirement does not extend to the purchases which are carried out by the method provided by the subitem 2) of Item 6 of these rules.

Viewing by the administrator of the register of competitive price offers, price offers, price offers on purchase by method through system of the electronic procurement provided by participants of open tender and (or) potential suppliers by means of the register until their opening by the register at the scheduled time is not allowed.

Removal and (or) change by the customer of the documents submitted by potential suppliers for participation in procurement which are carried out by the customer is not allowed.

2. Purchase planning

15. Annual, medium-term, long-term programs of purchase of TRU are developed on the basis of the approved worker of the program and the relevant budgets of the subsoil user.

In case of lack of the working program, annual, medium-term, long-term programs of purchase of TRU are developed on the basis of approved budgets of the subsoil user.

In annual, medium-term, long-term programs of purchase of TRU all are reflected TRU acquired as for direct use when carrying out transactions on subsurface use, and for the activities provided in the contract as accompanying.

Annual, medium-term, long-term programs of purchase of TRU are subject to placement by the customer in the register.

16. The procedure of purchase of TRU by the subsoil user or authorized person when carrying out transactions on subsurface use is performed according to the annual program of purchase of TRU. The procedure of purchase of TRU by the subsoil user or authorized person when carrying out transactions on subsurface use is performed according to the medium-term or long-term program of purchase in cases, stipulated in Item 163 these rules.

17. In need of annual, medium-term, long-term programs of purchase of TRU changes and (or) additions can be made.

18. The refusal of implementation of purchases in case of expense reduction on acquisition of TRU provided in the approved annual, medium-term, long-term programs of purchase of TRU of the subsoil user is allowed.

3. Procedure of purchase of goods, works and services as method of open tender when carrying out transactions on subsurface use

19. When implementing purchase the method of open tender of TRU which are not uniform allows the organization and carrying out by the customer single purchase by the specified method with obligatory separation of such TRU in the tender documentation on lots.

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