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The document ceased to be valid since  May 7, 2019 according to Item 1 of the Joint Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan and the Minister of Energy of the Republic of Kazakhstan of April 12, 2019 No. 214, on April 16, 2019 No. 119

JOINT ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2015 No. 253, on March 27, 2015 No. 241

About approval of Rules of purchase of goods, works and services when carrying out transactions in subsurface use

(as amended on 28-03-2017)

According to the subitem 6) of article 19 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" I ORDER:

1. Approve the enclosed Rules of purchase of goods, works and services when carrying out transactions in subsurface use.

2. To provide to committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) in the procedure established by the legislation 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 in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the Internet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan and the supervising vice-Minister of Energy of the Republic of Kazakhstan.

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

Minister of investments and development of the Republic of Kazakhstan 

A. Isekeshev

Minister of Energy of the Republic of Kazakhstan

B. School student

No. 253, No. 241 are approved on March 27, 2015 by the joint Order of the Minister of investments and development of the Republic of Kazakhstan and the Minister of Energy of the Republic of Kazakhstan of February 27, 2015

Rules of purchase of goods, works and services when carrying out transactions in subsurface use

1. General provisions

1. These rules of purchase of goods, works and services when carrying out transactions in subsurface use (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 - I RUB) 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 I RUB, and also the 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 use of the systems of electronic purchase located in the Kazakhstan segment of the Internet which work is synchronized with work of the register of the goods, works and services used when carrying out transactions on subsurface use and their producers.

The procedures of implementation of purchase by customers connected with acquisition I RUB when carrying out transactions on subsurface use, are carried out 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 I RUB 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 potential supplier - the physical person, the legal entity, temporary consolidation legal entities (consortium) participating in process of acquisition I RUB, the transactions used when carrying out on subsurface use;

2) it is excluded according to the Joint Order of the Minister of investments and development of the Republic of Kazakhstan and the Minister of Energy of the Republic of Kazakhstan of 28.03. 2017 No. 168, 10.04.2017 No. 134;

3) homogeneous 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;

4) 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;

5) 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 acquisition I RUB, the transactions used when carrying out on subsurface use, and their producers, and also carrying out electronic procurement and forming of the list I RUB, the transactions used when carrying out on subsurface use;

6) the authorized person of the subsoil user - the physical person or legal entity authorized by the subsoil user to perform acquisition on behalf of the subsoil user I RUB when carrying out transactions on subsurface use according to these rules;

7) tender committee - the collegiate organ created by the customer for accomplishment of the procedure of carrying out acquisition I RUB according to the procedure and the methods established by subitems 1), 4) of Item 6 of these rules;

8) 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;

9) complex work - the set of works and services extended only to subsoil users in the field 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;

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

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

12) 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;

13) purchase - acquisition at the expense of own means I RUB 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;

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

15) the customer - the subsoil user, the contractor, the authorized person of the subsoil user performing acquisition I RUB according to these rules;

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

16-1) construction of "turnkey" wells - the set of works and services providing design stages, constructions, drillings, testing (approbation), researches, liquidation or preservation of wells, waste recycling and the delivery of goods and rendering services accompanying the specified works (services);

17) 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;

18) 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;

19) system of electronic procurement (further - system) - the electronic information system used by organizers of purchase (the subsoil user or persons authorized by subsoil users) for acquisition I RUB, created and operated according to procedure for acquisition I RUB when carrying out transactions on subsurface use, the approved authorized body in the field of the state support of industrial and innovative activities together with authorized body in the field of oil and gas;

20) 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.

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, transfer 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 acquisition I RUB, expressed in different currencies, 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 is.

6. Acquisition I RUB when carrying out transactions on subsurface use it is performed with use by the customer of system one of the following methods:

1) open tender;

2) from one source;

3) request of price offers;

4) through system of electronic procurement.

Purchase of goods through commodity exchanges are performed according to the legislation of the Republic of Kazakhstan on commodity exchanges.

The system providing the functionality providing implementation of all procedures of purchase determined by these rules is created by physical persons and legal entities. The method of operation of system is determined by her owner or the owner.

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 system.

8. When carrying out acquisition I RUB by method of open tender and through system of electronic procurement the following qualification requirements are imposed to the potential supplier:

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 I RUB, the transactions used when carrying out on subsurface use, it 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 RUB producers.

In case of violation by the customer of regulations, according to these rules, until the procedure of determination of the winner and creation of the protocol of results, the customer refuses carrying out this purchase and carries out such purchase(s) again.

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

10. Process of acquisition I RUB includes:

1) planning of acquisition I RUB;

2) the choice of the supplier and the conclusion of the contract with it on acquisition I RUB;

3) agreement performance about acquisition I RUB.

11. Participation in acquisition is allowed I RUB temporary associations of legal entities (consortia). In case of participation in acquisition I RUB 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.

12. For participation in acquisition I RUB when carrying out transactions on subsurface use by means of system 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 the physical and (or) legal entity in system as the participant of purchase (the customer and (or) the supplier), and also in system to register persons authorized on forming and placement of information in system.

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 customer 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 system until their opening by system at the scheduled time is not allowed.

Removal and (or) change by the customer of the documents submitted by potential suppliers for participation in acquisition is not allowed I RUB, carried out by the customer.

2. Purchase planning

13. Annual, medium-term, long-term programs of purchase I RUB are developed on the basis of the working 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 I RUB are developed on the basis of approved budgets of the subsoil user.

In annual, medium-term, long-term programs of purchase I RUB all are reflected I RUB, 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 I RUB are subject to placement by the customer in system.

14. The procedure of purchase I RUB the subsoil user or by the authorized person when carrying out transactions on subsurface use it is performed according to the annual program of purchase I RUB. The procedure of acquisition I RUB the subsoil user or by the authorized person when carrying out transactions on subsurface use it is performed according to the medium-term or long-term program of purchase in cases, stipulated in Item 168 these rules.

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

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