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The document ceased to be valid since March 16, 2016 according to Item 1 of the Order of the Minister of Finance of the Republic of Kazakhstan of March 16, 2016 No. 128

ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of June 23, 2015 No. 379

About approval of Rules of implementation of public procurements

According to subitems 11), 12) and 13) article 14 of the Law of the Republic of Kazakhstan of July 21, 2007 "About public procurements" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of public procurements.

2. (Akhmetov S. M.) in the procedure established by the legislation to provide to department of the legislation of public procurements of the Ministry of Finance of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. This order becomes effective after ten calendar days after day of its first official publication.

Minister

B. Sultanov

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of June 23, 2015 No. 379

1. Planning of public procurements of goods, works, services

2. General provisions

3. The organization and carrying out public procurements of goods, works, the services performed by tender method

Paragraph 1. Development, coordination and approval of the tender documentation

Paragraph 2. Statement of the contest committee, expert (commission of experts)

Paragraph 3. Notice of potential suppliers on implementation of public procurements of goods, works, services as tender method

Paragraph 4. Representation of the tender documentation to potential suppliers of the copy

Paragraph 5. Explanation of provisions of the tender documentation

Paragraph 6. Content and submission of bids

Paragraph 7. Tender security on participation in tender

Paragraph 8. Carrying out public procurements of goods, works, services as tender method. Opening of envelopes with bids.

Paragraph 9. Consideration of bids, the admission to participation in tender

Paragraph 10. Assessment and comparison of competitive price offers (tender)

Paragraph 11. Procedure for determination of dumping price of the bid

Paragraph 12. Carrying out tender with use of two-stage procedures

Paragraph 13. Bases of recognition of public procurements by tender method cancelled

4. The organization and carrying out public procurements of goods, works, services as method from one source

5. Agreement on public procurements

Paragraph 1. Conclusion of the agreement on public procurements of goods, works, services

Paragraph 2. Agreement performance about public procurements of goods, works, services

6. Standard requirements to special procedure of public procurements by tender method

Paragraph 1. Requirements to procedure for carrying out on regular basis of prequalification of potential suppliers

Paragraph 2. Requirements to procedure for forming of the list of skilled potential suppliers

Paragraph 3. Requirements to procedures and terms of the choice of the supplier on the basis of request of price proposals of the potential suppliers who passed prequalification, and the conclusion of the contract with it on public procurements

7. Special procedure of public procurements by tender method

Paragraph 1. Special procedure of public procurements of goods, works, services for providing law and order and homeland security, observance of the mode of privacy, and also guarantee of homeland security of the Republic of Kazakhstan

Paragraph 2. Special procedure of public procurements of the dwelling belonging on the right of private property to the physical person which is not the subject of business activity

Paragraph 3. Special procedure of public procurements of the services provided by the state social order

Paragraph 4. Special procedure for carrying out public procurements of special social services in provision of the guaranteed amount of special social services

Appendices

Rules of implementation of public procurements

These rules of implementation of 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) and determine procedure of public procurements of goods, works, services.

1. Planning of public procurements of goods, works, services

1. The decision on implementation of public procurements is made by the customer only based on the approved or specified annual plan of the public procurements, except as specified, provided by Items 5 and 6 of these rules.

2. The customer develops and approves the annual plan of public procurements based on the relevant budget (the business plan, the profit and loss budget) in form according to appendix 1 to these rules.

The customer develops and approves the separate annual plan of public procurements of goods, works, services, data on which constitute the state secrets and data containing office information of limited distribution, determined by the Government of the Republic of Kazakhstan.

The annual plan of public procurements affirms the customer within ten working days from the date of approval of the relevant budget (the business plan, the profit and loss budget) and contains the following data:

1) the nomenclature of goods, works, services according to the reference book of goods, works, services, including the amounts allocated for implementation of public procurements for the three-year period by years, excluding tax for value added. In case of lack of the amounts approved by the relevant budget, the forecast amounts are specified;

2) method, except as specified, stipulated in Article 4 Laws, and terms of implementation of public procurements;

3) the planned terms and the place of delivery of goods, performance of works, rendering services;

4) the planned delivery dates of goods, performance of works, rendering services according to the schedule and breakdown by years within the allocated and provided amounts for each financial year in cases, the stipulated in Article 37 Laws.

The data on public procurements specified in subitems 1), 2), 3) and 4) of this Item in the cases provided by subitem 2-1) of part two of Item 2 of Article 79 of the Budget code of the Republic of Kazakhstan of December 4, 2008 affirm the customer as the annual plan of public procurements. The annual plan of public procurements affirms the customer within ten working days from the date of execution of Item 7 of Article 153 of the Budget code of the Republic of Kazakhstan of December 4, 2008.

Are not subject to inclusion in the annual plan of the public procurements of the data on public procurements conducted according to subitems 3), 28), 33-1) and 43) Item 1 of article 4 of the Law.

3. The customer within five working days from the date of approval of the annual plan of public procurements places it on the web portal of public procurements, except for the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, and (or) the data containing the office information of limited distribution determined by the Government of the Republic of Kazakhstan which are represented to authorized body without use of the web portal of public procurements.

The annual plan of public procurements is signed by the first head or the responsible secretary or other official of the customer performing powers of the responsible secretary or person fulfilling its duties.

4. The customer within five working days from the date of decision making about modification and (or) amendments in the annual plan of public procurements places the made changes and (or) additions on the web portal of public procurements, except for the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) the data containing the office information of limited distribution determined by the Government of the Republic of Kazakhstan which are represented to authorized body without use of the web portal of public procurements.

The specified decisions are signed by the first head or the responsible secretary or other official of the customer performing powers of the responsible secretary or person fulfilling its duties.

5. Purchase of goods, the works, services which are not provided by the approved annual plan of public procurements (specified by the annual plan of public procurements), except for purchases of goods, works, services according to subitems 3), 28), 33-1) and 43) of Item 1 of article 4 of the Law is not allowed.

6. The customer can make the decision on implementation of public procurements before approval of the budget only in cases of carrying out public procurements by tender method with use of two-stage procedures.

2. General provisions

7. For performing procedures of the organization and carrying out public procurements the customer determines the organizer of public procurements according to article 7 of the Law.

8. If as the organizer of public procurements the customer on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements acts, the customer the order determines its responsible for the organization and carrying out public procurements.

If the structural division of the customer is legal entity, the customer the order determines its responsible for the organization and carrying out public procurements.

At the same time, the organizer of public procurements determines the official representing him in relations with the customer, potential suppliers, the relevant commissions and the expert, except as specified, when the customer and the organizer of public procurements act in one person. The representative of the organizer of public procurements is determined from number of persons employed of structural division, the actionee of procedures of the organization and carrying out public procurements.

9. The customer determines the official of the customer representing its interests in the forthcoming public procurements, except as specified when the customer and the organizer of public procurements act in one person.

10. The administrator of the budget program has the right to act as the organizer of public procurements for public institution subordinated to it, the legal entity concerning whom he acts as state body, or persons, affiliirovanny with the legal entity concerning whom the administrator of the budget program acts as state body.

The state company has the right to act as the organizer of public procurements for persons, affiliirovanny with it.

The legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, have the right to act as the organizer of public procurements for persons, affiliirovanny with it.

11. For the purpose of carrying out single public procurements:

1) the customer has the right to act as the single organizer of public procurements for several public institutions subordinated to the customer or persons, affiliirovanny with it;

2) the customer has the right for several public institutions subordinated to the customer or persons, affiliirovanny with it, to determine among them the single organizer of public procurements.

12. In cases of determination of the organizer according to Item 10 of these rules or the single organizer of the public procurements determined by subitems 1) and 2) of Item 11 of these rules (further - the single organizer), customers submit to the organizer or the single organizer of public procurements within the term established by it information necessary for the organization and carrying out tender, including:

1) the statement from the annual plan of public procurements on the purchased goods, works, services;

2) the list and the technical specification of the purchased goods, works, services, signed and polistno the initialed head of the customer or person fulfilling its duties;

3) candidates for inclusion in structure of the competitive and expert commissions (expert);

4) the information about authorized representatives of the customer for participation in procedures for carrying out public procurements;

5) the design estimates on asset construction when purchasing construction works;

6) the draft agreement about public procurements with indication of essential conditions.

13. In case of implementation of public procurements using special procedure by tender method using the closed procedures, the customer (customers) represents to the organizer / to the single organizer of public procurements the list of potential suppliers approved by the first head of the customer or person fulfilling its duties.

14. In case of change of information provided in Items 12 and 13 of these rules, the customer (customers) without delay notifies on it the organizer / the single organizer of public procurements.

Following the results of the competition held by the organizer / the single organizer of public procurements, the customer (customers) sign the agreement on public procurements of goods, works, services with winners.

15. In case of participation in public procurements of temporary associations legal entities (consortium), the legal entities who are members of this consortium in addition to the documents established by these rules for confirmation of the qualification requirements shall submit the following documents:

1) notarially attested agreement of joint liability signed between members of legal entities (consortium);

2) notarially attested copies of the corresponding licenses or the license in the form of the paper copy of the electronic document for the right of provision of goods, performance of works, rendering services regarding the activities provided by the agreement on joint economic activity.

In case of participation in tender of consortium, calculation of the criteria influencing the competitive price offer is applied to consortium from the moment of the conclusion of the agreement on joint economic activity in which legal entities unite these or those resources and coordinate efforts for the solution of specific economic objectives.

3. The organization and carrying out public procurements of goods, works, the services performed by tender method

16. The organization and carrying out public procurements of goods, works, the services performed by tender method provides accomplishment of the following consecutive events:

1) determination by the customer of the organizer of public procurements, authorized representative of the customer;

2) determination by the organizer of public procurements of the authorized representative of the organizer of public procurements;

3) development by the organizer of public procurements of the tender documentation, and also forming and approval, if necessary, structure of commission of experts (expert);

4) forming and representation on approval by the organizer of public procurements of structure of the contest committee, secretary of the contest committee;

5) approval of the tender documentation by the customer;

6) the notice the organizer of public procurements about implementation of public procurements of goods, works, services as tender method;

7) provision by the organizer of public procurements of the copy of the tender documentation to the potential suppliers who showed willingness to participate in public procurements of goods, works, services as tender method, and also entering of information about such potential suppliers into the magazine of registration of persons who received the tender documentation;

8) explanation the organizer of public procurements of provisions of the tender documentation to the potential suppliers who received its copy in the cases provided by Items 43 - 45 these rules;

9) registration by the organizer of public procurements in the magazine of registration of bids;

10) opening by the contest committee of envelopes with bids, and also execution of the corresponding minutes of the contest committee;

11) the direction the organizer of public procurements of copies of the protocol of opening of envelopes with applications for participation in public procurements to potential suppliers or their authorized representatives, data on whom are entered in the magazine of registration of bids;

12) consideration by the contest committee of bids for determination of the potential suppliers conforming to qualification requirements and requirements of the tender documentation;

13) forming by the contest committee of the list of potential suppliers who are allowed to participation in tender, and execution of the relevant protocol on the admission;

14) the direction the organizer of public procurements to the potential suppliers who submitted bids, copies of the protocol on the admission;

15) registration by the organizer of public procurements of data in the magazine of registration of the competitive price offers provided by the potential suppliers allowed to participation in tender, envelopes with competitive price offers;

16) opening of envelopes with competitive price proposals of participants of tender, assessment and comparison by the contest committee of competitive price offers (summing up public procurements by tender method);

17) registration and signing by the contest committee of the protocol on results of public procurements by method of tender and its direction the organizer of public procurements according to article 27 of the Law;

18) following the results of the competition held by the organizer of public procurements, the customer signs the agreement on public procurements of goods, works, services with the winner of tender.

17. The customer has the right to refuse implementation of public procurements in cases, stipulated in Item the 10th article 5 of the Law.

In that case, the customer or the organizer of public procurements within five working days from the date of adoption by the customer of the decision on refusal of implementation of public procurements shall:

1) to inform on the made decision of persons participating in the carried-out public procurements;

2) to return the brought providing bids and (or) ensuring agreement performance about public procurements.

Paragraph 1. Development, coordination and approval of the tender documentation

18. The organizer of public procurements, except for the case of purchases specified in Item 188 of these rules by method of tender develops the tender documentation for determination of conditions and procedure for carrying out public procurements in the Kazakh and Russian languages, based on the tender documentation according to appendix 2 to these rules taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets, and approves it with the customer.

19. The tender documentation shall contain:

1) the list of the documents submitted by the potential supplier in confirmation of it (and the subcontractors (collaborators) of compliance to general qualification requirements attracted by it:

notarially attested documents confirming legal capacity (for legal entities), civil capacity to act for physical persons (the document on registration as the subject of entrepreneurship, the copy of the identity certificate):

the legal entity represents notarially attested copy of the charter approved in the procedure established by the legislation, except as specified, when the legal entity performs activities based on the Standard charter. Nonresidents of the Republic of Kazakhstan represent the legalized statement, notarially attested with the translation into the Kazakh and (or) Russian languages, from the trade register;

notarially attested copies of licenses or the license in the form of the paper copy of the electronic document and (or) patents, certificates, certificates, permissions, other documents confirming the right of the potential supplier to production, conversion, delivery and realization of the purchased goods, performance of works, rendering services stipulated by the legislation the Republic of Kazakhstan;

notarially attested copy of the certificate * or certificates of state registration (re-registration) of the legal entity. If the legal entity performs activities based on the Standard charter approved in the procedure established by the legislation of the Republic of Kazakhstan, notarially attested copy of the application about state registration.

Note: * the certificate on the state (accounting) registration (re-registration) of the legal entity (branch, representation) issued before enforcement of the Law of the Republic of Kazakhstan of December 24, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state registration of legal entities and accounting registration of branches and representations" is valid before the termination of activities of the legal entity;

notarially attested statement from constituent documents (if the charter does not contain the information about founders or the list of founders) containing the information about the founder or the list of founders or the original of the statement from the register of shareholders signed and certified by seal in accordance with the established procedure, issued not earlier than one month preceding date of opening of envelopes;

the documents confirming solvency:

the data on lack (availability) of tax debt of the taxpayer, debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments received not earlier than one month preceding date of opening of envelopes with bids.

The tender documentation shall contain information on the right of the potential supplier to confirm compliance to general qualification requirement about solvency by means of provision of ensuring agreement performance in the form of the bank guarantee of one or several resident banks of the Republic of Kazakhstan in the amount of, equal to hundred percent from the amount of the carried-out public procurements together with the bid according to appendix 3 to these rules. Ensuring agreement performance about public procurements is provided by the potential supplier for the term established in the tender documentation for complete obligation fulfillment under the agreement on public procurements;

2) the list of the documents submitted by the potential supplier in confirmation of its compliance to special qualification requirements:

data on qualification for participation in process of public procurements according to appendices 6, 7 and 8 to the Standard tender documentation;

3) name and location of the organizer of public procurements;

4) the description and required functional, technical, quality and operational characteristics of the purchased goods, works, services, technical specifications with indication of the national standard or the non-governmental standard approved by non-profit organizations of producers of the Republic of Kazakhstan in case of its availability, and if necessary with indication of the specifications and technical documentation according to appendices 2 and 3 to the Standard tender documentation.

When implementing public procurements of the works requiring the design estimates, instead of the description and required functional, technical, quality and operational characteristics of the purchased works the tender documentation shall contain the design estimates approved in accordance with the established procedure;

5) the list of the purchased goods, works and services according to appendix 1 to the Standard tender documentation, with indication of number of lot, unit of measure, quantity, delivery conditions, term and the place of delivery, the term of payment and the amount allocated for purchase;

6) the draft agreement about public procurements with indication of essential conditions, developed on the basis of the standard agreement according to appendices 4, 5 and 6 to these rules;

7) criteria, except the price on the basis of which the winner of tender, including relative value of each of such criteria, and method of calculation of the conditional price will be determined;

8) requirements to contents of the competitive price offer, including specifying in addition to the price of the purchased goods, works, services, expenses on their transportation and insurance, payment of customs duties, taxes and fees, and also other expenses provided by delivery conditions of goods, performance of works, rendering services and also form of submission of the price offer according to appendix 12 to the Standard tender documentation;

9) currency or currencies in which the price proposal of the participant of tender, and rate which will be applied to reduction of the conditional price to common currency for the purpose of their comparison and assessment shall be expressed;

10) requirements to language of creation and submission of bids on participation in tender, agreements on public procurements according to the legislation of the Republic of Kazakhstan on languages;

11) conditions of introduction, content and types of providing the bid on participation in tender;

12) specifying on the right of the potential supplier to change or withdraw the bid before the expiration of final term of their representation;

13) procedure, method, the place and final term of representation of envelope with the bid (but no later than sixteen hours of local time of the working day), and required effective period of bids (effective period of the bid submitted by the potential supplier for participation in tender on public procurements of goods, works and services constitutes at least 35 days from the date of opening of bids. The bid having shorter effective period, than specified in the tender documentation is rejected);

14) methods by means of which potential suppliers can request explanations on contents of the tender documentation, and also the place, date and time of meeting with potential suppliers on explanation of provisions of the tender documentation;

15) the place, date and time of opening of envelopes with bids (not later than two hours after the final term of representation of envelopes with bids);

16) the information about customer representatives and the organizer of public procurements, authorized to represent them in the forthcoming public procurements by tender method;

17) conditions, types, amount and method of introduction of ensuring agreement performance about the public procurements, in cases determined by Item 135 of these rules;

18) data on the amounts allocated for purchase of goods, works, services, which are subject of the carried-out public procurements by tender method (on each lot);

19) the e-mail address of Internet resource of the customer on which it is planned to place information which is subject to publication;

20) the information about subcontractors on performance of works (collaborators when rendering services), being subject of purchases at tender according to appendix 11 to the Standard tender documentation and about condition of prohibition of transfer by the potential supplier to subcontractors (collaborators) on sub contracting (co-execution) in total more than two thirds of the amount of works (construction cost), services.

20. For determination of the participant of the tender offering the most high-quality goods, work, service, and supports of domestic entrepreneurs, the organizer of public procurements shall provide the following criteria influencing the competitive price proposal of participants of tender in the tender documentation:

1) availability at the potential supplier:

work experience on commodity market, the works, services which are subject of the carried-out public procurements;

the document confirming carrying out voluntary certification of the offered goods for domestic producer according to the legislation of the Republic of Kazakhstan on technical regulation;

the certified system (the certified systems) of quality management according to requirements of national standards for the purchased goods, works, services;

the certified system (the certified systems) of management of management of the environment according to requirements of national standards and (or) confirmations of conformity to the standard of environmentally friendly products according to the legislation of the Republic of Kazakhstan on technical regulation;

2) functional, technical, quality characteristics of goods and (or) operating expenses, maintenance and repair of the purchased goods.

21. The tender documentation also shall provide the right of the potential supplier to confirmation of the compliance, and also the attracted subcontractors (collaborators), to general qualification requirements by means of provision of one of the following documents:

1) the document confirming assignment to the potential supplier of rating of the international rating organization;

2) statements from stock exchange about inclusion of the potential supplier in official listing of the exchange.

22. If the potential supplier - the nonresident of the Republic of Kazakhstan, for confirmation of its compliance to qualification requirements, the same documents, as residents of the Republic of Kazakhstan, or the documents containing similar data on qualification of the potential nonresident supplier of the Republic of Kazakhstan with the attested notary the translation into languages of the tender documentation are submitted.

23. The tender documentation developed by the organizer of public procurements affirms the first head or the responsible secretary or other official of the customer performing powers of the responsible secretary or person fulfilling its duties.

The tender documentation developed by the single organizer of public procurements affirms the first heads or responsible secretaries or other officials of customers or persons fulfilling their duties performing powers of the responsible secretary.

24. Under the organization of tender for purchase of the goods which are not uniform, works, services, the organizer of public procurements 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, and uniform goods, works, services on lots in the place of their delivery (performance of works, rendering services).

Paragraph 2. Statement of the contest committee, expert (commission of experts)

25. For performing procedures of carrying out public procurements of goods, works, services as tender method the organizer of public procurements on each tender separately creates 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 of the organizer of public procurements performing powers of the responsible secretary or person fulfilling its duties.

If as the organizer of purchases 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 of the customer performing powers of the responsible secretary or person fulfilling its duties.

In case of implementation of public procurements of works the organizer of public procurements can include in structure of the contest committee of representatives of authorized body in the corresponding field of activity in coordination with it.

For development of the specification and (or) the technical specification of the purchased goods, works, services, the organizer of public procurements during development of the tender documentation can create commission of experts (to involve the expert).

26. 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 carries out the face replacing it. The total quantity of members of the contest committee shall constitute odd number and to be at least three people.

By the chairman of the contest committee the official not below the deputy first head of the organizer of public procurements shall be determined. If as the organizer of public procurements the customer directly acts, by the chairman of the contest committee the official not below the deputy first head of the customer shall be determined. If as the organizer of public procurements the customer on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements acts, by the chairman of the contest committee the official not below the head of this structural division of the customer shall be determined.

27. The chairman of the contest committee shall:

1) to plan work and to direct activities of the contest committee;

2) to preside over meetings of the contest committee;

3) to perform other functions provided by these rules.

28. 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 as tender method.

29. Meetings of the contest committee are held on condition of presence of simple majority of total number of members of the contest committee and drawn up by the protocol which is signed by the present members of the contest committee and the secretary of the contest committee. In case of absence of any member of the contest committee in the minutes of the contest committee the reason of its absence with appendix of the document, confirmatory this fact is specified.

30. The decision of the contest committee is made by open voting and deemed accepted if for it the majority of votes from total quantity of the members of the contest committee who are present at meeting 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 shall be stated in writing and attached to the minutes of the contest committee.

31. 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 of public procurements responsible for the organization and carrying out public procurements.

Secretary of the contest committee:

1) creates the agenda of meeting of the contest committee, provides the contest committee with necessary documents, will organize holding meeting of the contest committee;

Draws up 2) and signs the protocol of opening of envelopes with bids, the protocol on the admission to participation in tender, the protocol on tender results, and also other protocols of meetings of the contest committee;

3) sends to the organizer of public procurements the protocols of meetings signed by the contest committee, the expert opinion (commission of experts);

4) ensures safety of documents and materials of public procurements of goods, works, services as tender method from the moment of opening of bids;

5) performs other functions provided by these rules.

32. In case of absence at the organizer of public procurements of specialists of the corresponding profile for determination of compliance of the goods offered by potential suppliers, works, services to requirements of the tender documentation, the organizer of public procurements can involve as the experts government employees on a grant basis, and other experts, as on paid, and on a grant basis by agreement of the parties.

The compulsory provision for involvement of this or that person as the expert is compliance of profile of its activities to subject of public procurements.

Under the organization of public procurements by special procedure using the closed procedures the organizer of public procurements can involve as the experts specialists of the customer, the organizer, the single organizer of public procurements or their subordinated organizations.

The choice of the expert on paid basis is performed by the organizer of public procurements according to the Law.

33. In case of involvement of several experts the organizer of public procurements forms commission of experts from among the involved experts and determines among them the head of commission of experts.

34. Experts (commission of experts) draw the expert opinion regarding compliance of the goods offered by potential suppliers, works, services to requirements of the tender documentation and have no right to vote in case of adoption of the decision by the contest committee. The expert opinion (commission of experts) is surely considered by the contest committee only if it is constituted within the requirements provided by the tender documentation. The expert opinion is drawn up in writing, signed by experts (members of commission of experts) and attached to the protocol on the admission to participation in tender.

In case of the expert's disagreement with the conclusion of commission of experts, such expert states special opinion in writing which is applied to the conclusion of commission of experts and is its integral part.

35. Prior to carrying out public procurements of goods, works, services as tender method members of the contest committee, the secretary of the contest committee, and also the expert (commission of experts) shall study the approved tender documentation and appendices to it.

Paragraph 3. Notice of potential suppliers on implementation of public procurements of goods, works, services as tender method

36. The organizer of public procurements no later than three working days from the date of approval of the tender documentation, but at least in thirty calendar days prior to final date of submission of bids by potential suppliers shall:

To publish 1) on the customer's Internet resource the text of the announcement of implementation of public procurements by tender method, and also the approved tender documentation;

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