of December 31, 2015 No. 1200
About approval of Rules of implementation of public procurements using special procedure
According to Item 3 of article 50 of the Law of the Republic of Kazakhstan of December 4, 2015 "About public procurements" the Government of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules of implementation of public procurements using special procedure.
2. Declare invalid the order of the Government of the Republic of Kazakhstan of December 10, 2009 No. 2072 "About approval of the Special procedure of public procurements for ensuring requirements of defense".
3. This resolution becomes effective from the date of its first official publication.
Prime Minister of the Republic of Kazakhstan
K. Masimov
Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1200
These rules of implementation of public procurements using special procedure (further - Rules) are developed according to Item 3 of article 50 of the Law of the Republic of Kazakhstan "About public procurements" (further - the Law) and determine procedure of public procurements using special procedure.
1. Public procurements using special procedure (further – public procurements) are conducted in acquisition cases:
1) goods, works, services for ensuring needs of law and order and homeland security, data on which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) contain the office information of limited distribution determined by the Government of the Republic of Kazakhstan;
2) goods, works, services, data on which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) contain the office information of limited distribution determined by the Government of the Republic of Kazakhstan.
2. The decision on implementation of public procurements is made by the customer only based on the approved or specified annual plan of public procurements (the preliminary annual plan of public procurements).
Purchase of goods, the works, services which are not provided by the approved (specified) annual plan of public procurements (the preliminary annual plan of public procurements), except for purchases of goods, works, services according to subitems 4), 9), 31), 32) and 35) of Item 3 of article 39 of the Law is not allowed.
3. The customer develops and approves the separate annual plan of public procurements (the preliminary annual plan of public procurements) of goods, works, services, data on which constitute the state secrets and (or) contain the office information of limited distribution determined by the Government of the Republic of Kazakhstan based on the relevant budget (development plan) or individual funding plan for form according to appendix 1 to these rules.
Based on the positive offer of the relevant budget commission the customer the preliminary annual plan of public procurements having the right to develop and approve before approval (refining) of the relevant budget.
Customers, being the state companies, legal entities, more than fifty percent of voting shares (share in the authorized capital) which belong to the state, have the right to develop and approve the preliminary annual plan of public procurements before approval of the development plan or individual funding plan.
The preliminary annual plan of public procurements is developed and affirms as the specified cases separately both at stages before approval, and at stages before refining of the relevant budget (development plan) or individual funding plan.
Development of the annual plan of public procurements (the preliminary annual plan of public procurements) is performed according to the Law and affirms the official not below the deputy first head of the customer.
4. For performing procedures of the organization and carrying out public procurements the customer determines the organizer of public procurements, and also the official of the customer representing the interests of the last in the forthcoming public procurements, except as specified, when the customer and the organizer of public procurements act in one person.
5. As the organizer of public procurements the customer directly or on behalf of the structural division, the actionee of procedures of the organization and carrying out public procurements can act.
The customer has the right to determine the organizer of public procurements subordinated public institution of the customer.
The customer has the right to act as the organizer of public procurements for several public institutions subordinated to the customer.
The customer has the right for several public institutions subordinated to the customer, to determine among them the organizer of public procurements.
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 administrator of the budget program according to part two of Item 5 of article 7 of the Law for several legal entities concerning whom he acts as state body of departments and the subordinated organizations can determine among them the organizer of public procurements.
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.
The organizer of public procurements shall determine 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 shall be determined from number of persons employed of structural division, the actionee of procedures of the organization and carrying out public procurements.
6. In cases of determination of the organizer according to Item 5 of these rules, customers submit to the 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;
7) the information about potential suppliers for forming and approval of the list of potential suppliers for the special state bodies and the organizations which are under their authority.
7. In case of change of information provided in Item 6 of these rules, the customer (customers) without delay notifies on it the organizer of public procurements.
8. In case of participation in public procurements of temporary associations of 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 provide:
1) notarially attested agreement of joint liability signed between members 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.
9. Public procurements are conducted by one of the following methods:
1) tender;
2) from one source.
The customer determines method of implementation of public procurements according to these rules.
10. Public procurements by method of tender are conducted without placement on the web portal of public procurements (further - the web portal) and Internet resource of customers of the notice on implementation of public procurements by tender method (further - the notice), texts of the tender documentation, signed protocols of opening of envelopes with bids, protocols on the preliminary admission to participation in tender, the admission and results of public procurements by tender method, except for case, stipulated in Item 10-1 these rules.
10-1. Public procurements by tender method, except for public procurements by method of tender of the special state bodies and organizations which are under their authority are performed by placement on the web portal of the announcement of the planned public procurements (summary by types of goods, works, services).
At the same time, the procedure of forming of the list of potential suppliers is performed by the organizer of public procurements taking into account the requirements provided by Items 28-1, 28-2, 28-3, 28-4 and 29-1 of these rules.
11. The organization and carrying out public procurements of goods, works, the services performed by tender method provide accomplishment of the following consecutive events:
1) determination by the customer of the organizer of public procurements of the 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) approval by the customer, organizer of the list of potential suppliers;
7) placement by the organizer of public procurements on the web portal of the announcement of the planned public procurements;
8) forming by the organizer of public procurements on the web portal of the list of the potential suppliers who submitted the petition for participation in the carried-out public procurements;
9) check by the organizer of public procurements of the potential suppliers who submitted the petition on compliance to requirements, stipulated in Item 29-1 these rules;
10) the direction by means of the web portal to the potential suppliers who are not included in the list of potential suppliers, notifications with indication of the reason their not inclusion;
11) the notice the organizer of public procurements of potential suppliers about implementation of public procurements of goods, works, services as tender method;
12) representation 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;
13) 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 38-40 of these rules;
14) registration by the organizer of public procurements in the magazine of registration of bids;
15) opening by the contest committee of envelopes with bids, and also execution of the corresponding minutes of the contest committee;
16) the direction (representation) by 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;
17) consideration by the contest committee of bids for determination of the potential suppliers conforming to qualification requirements and requirements of the tender documentation;
18) forming by the contest committee of the list of potential suppliers who are not allowed to participation in tender, and execution of the relevant protocol on the preliminary admission;
19) the direction (representation) by the organizer of public procurements to the potential suppliers who submitted bids, copies of the protocol on the preliminary admission;
20) reduction of bids in compliance with qualification requirements and requirements of the tender documentation;
21) 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;
22) the direction (representation) by the organizer of public procurements to the potential suppliers who submitted bids, copies of the protocol on the admission;
23) 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;
24) 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);
25) 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 to the potential suppliers allowed to participation in tender;
26) conclusion customer of the contract on public procurements with the winner of tender.
The actions provided by subitems 7), 8), 9) and 10) of this Item do not extend to the special state bodies and the organizations which are under their authority.
12. The customer has the right to refuse implementation of public procurements in cases, stipulated in Item the 13th 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.
13. The organizer of public procurements 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 standard 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.
14. If the potential supplier – the nonresident of the Republic of Kazakhstan, for confirmation of its compliance to qualification requirements the same documents, as for 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 notarially attested translation into languages of the tender documentation taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets and agreements ratified by the Republic of Kazakhstan are submitted.
15. The tender documentation developed by the organizer of public procurements affirms the first head of the customer or person fulfilling its duties, either the head of the budget program, or person fulfilling its duties.
In case of carrying out public procurements according to Item 5 of these rules, the tender documentation affirms the first head of the organizer or person fulfilling its duties.
15-1. When implementing public procurements of the works requiring the design estimates instead of the technical specification the tender documentation shall contain the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan.
15-2. Material and the manpower necessary for the customer for obligation fulfillment under the agreement, are specified in the technical specification which is integral part of the tender documentation.
When implementing public procurements of works on construction (new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects), development of the feasibility statement, design estimates and town-planning projects as the document confirming possession of the potential supplier material and manpower, the corresponding permission (license) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications is.
16. When implementing public procurements by method of tender of uniform goods, works, services the organizer of public procurements shall divide in the tender documentation uniform goods, works, services into lots in the place of their delivery (accomplishment, rendering).
In the presence of at least five places of deliveries of goods, rendering services specifying in lot which is carried out by method of tender, several places of deliveries of goods, rendering services is allowed.
17. 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, education of commission of experts or determination of the expert is accepted by the first head of the organizer of public procurements or the chief of staff, 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 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 taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets.
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).
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 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.
19. Chairman of the contest committee:
1) plans work and directs activities of the contest committee;
2) presides over meetings of the contest committee;
3) 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 as tender method.
21. 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 confirming this fact is specified.
22. 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, 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 shall be stated in writing and attached to the minutes of the contest committee.
23. 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 others of the protocol of meetings of the contest committee;
3) sends to the customer 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 date of opening of bids;
5) performs other functions provided by these rules.
24. 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 taking into account requirements of the legislation of the Republic of Kazakhstan about the state secrets.
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 the organizer of public procurements can involve as the experts specialists of the customer, the 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.
25. In case of involvement of three and more experts, the organizer of public procurements creates commission of experts from among the involved experts and determines among them the head of commission of experts.
The decision on creation of commission of experts and determination of the head of commission of experts is accepted by the first head of the organizer of public procurements or the chief of staff or person fulfilling its duties.
26. 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.
27. 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.
28. When carrying out public procurements by tender method the organizer of public procurements sends to the address of the potential suppliers included in the list of potential suppliers, the notice on implementation of the public procurements, except as specified, established by Items 28-1, 28-2, 28-3, 28-4, 29-1 of these rules.
Potential suppliers to whom the notice on implementation of public procurements goes shall have the permission to works with use of the data constituting the state secrets, issued in accordance with the established procedure by Committee of homeland security of the Republic of Kazakhstan and its bodies, except as specified, when when implementing public procurements the data relating to the state secrets are not used, but the data containing office information of limited distribution, determined by the Government of the Republic of Kazakhstan are used.
When carrying out public procurements of goods, within implementation of requirements of ensuring information security for defense of the country and safety of the state the customer creates the list of potential suppliers of the register of the confidential software and products of the electronic industry established by the Law of the Republic of Kazakhstan "About informatization".
At the same time, in cases of absence of the potential suppliers delivering products corresponding to technical and functional characteristics or availability less than two potential suppliers in the register of the confidential software and products of the electronic industry established by the Law of the Republic of Kazakhstan "About informatization" to which the notice goes are created by the customer the list of potential suppliers according to Item 29 of these rules.
28-1. When carrying out public procurements by tender method, except for the special state bodies and the organizations which are under their authority, the organizer of public procurements on the web portal places the announcement of the planned public procurements. The announcement contains the following information:
1) full name of the customer and organizer of public procurements, their location;
2) method and terms of implementation of public procurements;
3) code of the purchased goods, works, services according to the nomenclature reference book approved by relevant organ;
4) date and time of acceptance of petitions of potential suppliers for inclusion in the list of potential suppliers.
At the same time, acceptance of petitions of potential suppliers for inclusion in the list constitutes one working day from 9-00 till 18-00 (inclusive) on time of the city of Nour-Sultan;
5) the short characteristic of the planned public procurements.
Purchase of goods, works, services according to subitems 4), 9), 9-1), 31), 32) and 35) of article 39 of the Law, is performed without placement of the announcement.
In the announcement contents of the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) containing the office information of limited distribution determined by the Government of the Republic of Kazakhstan are not allowed.
The announcement is placed the organizer of public procurements on the web portal at least in fifteen calendar days prior to carrying out public procurements.
28-2. The potential supplier who showed willingness to take part in the planned public procurements by means of the web portal submits to the organizer of public procurements the petition for inclusion it to the list of potential suppliers.
The potential supplier in the submitted petition confirms compliance to the requirements established in Item 29-1 of these rules.
The potential supplier creates the petition for inclusion it in the list of potential suppliers on the web portal in the terms established by the organizer of public procurements according to appendix 1-1 to these rules.
28-3. The organizer of public procurements, except for the organizer of public procurements of the special state bodies and organizations which are under their authority within two working days prior to carrying out public procurements creates on the web portal the list of potential suppliers from among submitted the petition with conducting check of their compliance to requirements, stipulated in Item 29-1 these rules.
At the same time, the list of potential suppliers to whom the notice goes can be supplemented if petitions for participation in the carried-out public procurements did not arrive or arrived less than from two potential suppliers, or after the inspection which is carried out by the organizer of public procurements on compliance to requirements, stipulated in Item 29-1 these rules one potential supplier is allowed.
The potential suppliers who submitted petitions and conforming to requirements, stipulated in Item 29-1 these rules join in the list of potential suppliers to which the notice goes.
28-4. The organizer of public procurements, except for sends the organizer of public procurements of the special state bodies and organizations which are under their authority to the address of the potential suppliers included in the list of potential suppliers, the notice on implementation of public procurements.
To the potential suppliers who are not included in the list the notification on variation of the petition of the potential supplier with indication of the reason their not inclusions goes.
The notification on variation of the petition of the potential supplier goes within ten calendar days from the date of approval of the list of potential suppliers according to appendix 1-2 to these rules.
29. The list of potential suppliers to whom the notice will go is constituted by the customer taking into account restrictions, the stipulated in Article 6 Laws, and affirms the first head of the customer or person fulfilling its duties.
In case of carrying out public procurements according to Items 3 and 4 of article 7 of the Law, the list of the potential suppliers invited to participation in tender is constituted by the organizer of public procurements and affirms the first head of the organizer or person fulfilling its duties, either the chief of staff or person fulfilling its duties.
29-1. The list of potential suppliers to whom the notice will go is created by the organizer, except for the special state bodies and the organizations which are under their authority taking into account:
1) permission, for works with use of the data constituting the state secrets, issued in accordance with the established procedure by Committee of homeland security of the Republic of Kazakhstan and its bodies shall correspond to subject of the carried-out public procurements;
2) lack of restrictions, stipulated in Article 6 Laws;
3) availability of the corresponding registration on the web portal of public procurements.
At the same time, permission availability, for works with use of the data constituting the state secrets is obligatory only when implementing public procurements where the data relating to the state secrets are used.
The list of potential suppliers to whom the notice will go is created by the organizer of public procurements on the web portal.
The list of potential suppliers affirms the first head of the organizer or person fulfilling its duties.
30. On public procurements of goods, works, services on which production, conversion, delivery and realization the right of the potential supplier to their production, conversion, delivery and realization is required the customer creates the list of the potential suppliers invited to participation in tender from among the potential suppliers having the appropriate rights.
In case of acquisition of food products and food services the list of the potential suppliers invited to participation in tender is created of number of domestic producers and/or domestic entrepreneurs.
31. The organizer of public procurements 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 sends to the address of the potential suppliers included in the list of potential suppliers, the notice on implementation of public procurements.
The notice on implementation of public procurements is drawn up by method of tender according to appendix 7 to these rules.
In response to the notice at the request of the potential supplier the organizer of public procurements directs the copy of the tender documentation and provides registration in chronological procedure for the fact of submission of the approved tender documentation with indication of data about (about) the location, the postal address, and also other information about person who received the tender documentation.
32. In case of implementation of repeated public procurements by tender method, the organizer of public procurements 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 shall fulfill requirements, stipulated in Item 31 these rules.
The data containing in the announcement (notification) of the organizer of public procurements shall correspond to the data specified in the tender documentation.
33. From the date of the notice on implementation of public procurements of goods, works, services as tender method the authorized representative of the organizer of public procurements, and in cases when the customer and the organizer of public procurements act in one person – the secretary of the contest committee represents (sends) to the potential supplier (his authorized representative) the copy of the tender documentation on paper no later than three working days from the date of the address of the potential supplier.
34. The authorized representative of the organizer of public procurements, and in cases when the customer and the organizer of public procurements act in one person, – the secretary of the contest committee:
1) is checked by availability of documentary confirmation of powers of the representative of the potential supplier who is drawn up properly for receipt of the copy of the tender documentation;
2) is checked by availability of documentary confirmation about introduction by the potential supplier or his authorized representative of payment for submission of the copy of the tender documentation;
Brings 3) in the magazine of registration of persons who received the copy of the tender documentation, data specified in subitems 3), 4), 5) and 6) of Item 35 of these rules;
4) represents to the authorized representative of the potential supplier the copy of the tender documentation under list or directs with use of mail service;
5) performs other functions provided by Items 36, of 38 and 66 these rules.
35. The following data shall be reflected in the magazine of registration of persons who received the copy of the tender documentation:
1) name and term of carrying out public procurements of goods, works, services as tender method;
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The document ceased to be valid since July 14, 2023 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of July 14, 2023 No. 587