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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 11, 2015 No. 648

About approval of Rules of implementation of public procurements

(as amended on 23-02-2021)

According to the subitem 1) article 16 of the Law of the Republic of Kazakhstan of December 4, 2015 "About public procurements" PRIKAZYVAYU:

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

2. Declare invalid the order of the Minister of Finance of the Republic of Kazakhstan of June 23, 2015 No. 378 "About approval of Rules of carrying out electronic public procurements" (it is registered in the Register of state registration of regulatory legal acts of July 23, 2015 at No. 92255, it is published on July 31, 2015 in information system of law of Ad_let).

3. (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.

4. This order becomes effective since January 1, 2016 and is subject to official publication, except for paragraph 16 of the Section 5, which becomes effective since April 1, 2016, and also Items 424 and 426, which become effective since January 1, 2017.

Minister

B. Sultanov

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648

Rules of implementation of public procurements

1. These rules of implementation of public procurements (further - Rules) are developed according to the Law of the Republic of Kazakhstan of December 4, 2015 "About public procurements" (further - the Law), the laws of the Republic of Kazakhstan of January 7, 2003 "About the electronic document and the digital signature", of November 24, 2015 "About informatization" and determine procedure of public procurements.

2. Rules do not extend to public procurements using special procedure of public procurements.

1. General provisions

3. In these rules the following concepts are used:

1) the participant of the web portal - the customer, the organizer of public procurements, the single organizer, the potential supplier who was registered on the web portal;

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

3) private office - the automated workplace of the user on the web portal for implementation of procedures of electronic public procurements, participation in public procurements, and also receipt of automatic notifications and information placed on the web portal;

4) treasurer maintenance - control of target use of the funds allocated for implementation of the budget investment projects connected with construction, ensuring completeness of tax payment by all project participants - the prime contractor and subcontractor at all stages of carrying out payments through accounts in bodies of treasury for construction objects;

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

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

7) the single operator in the sphere of public procurements (further - the single operator) - the legal entity determined by authorized body in the sphere of public procurements, the single owner of shares (shares in the authorized capital) which is the state;

8) authorized body in the sphere of public procurements (further - authorized body) - the state body performing management in the sphere of public procurements;

9) electronic depositary in the sphere of public procurements (further - electronic depositary) - the electronic database containing the data and documents confirming experience of work of potential suppliers, created on the web portal of public procurements;

10) the agreement on public procurements (further - the agreement) - the civil agreement signed by means of the web portal between the customer and the supplier, certified by digital signatures, except as specified, provided by the Law;

11) the single organizer of public procurements - (further - the single organizer) the legal entity determined by the Government of the Republic of Kazakhstan, akimat of area, the cities of republican value and the capital or akimat of the area, city, area in the city, according to Item 1 of article 8 of the Law, the performing performing procedures of the organization and carrying out centralized public procurements;

12) the organizer of public procurements (further - the organizer) - the official either structural division of the customer, or the legal entity determined by the actionee of procedures of the organization and carrying out public procurements according to the procedure, established by these rules;

13) indicator of the paid taxes - percentage ratio of the amount of the paid taxes to the amount of the income of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues, calculated according to subitem part two 2) of Item 447 of these rules;

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

15) formatno-logical control - the complex of program restrictions established on the web portal, aimed at ensuring compliance by users of the web portal of the legislation of the Republic of Kazakhstan on public procurements;

16) e-wallet - the personal account of the potential supplier placed on the bank account of the single operator in the sphere of public procurements, intended for implementation of the settlement transactions connected with providing bids, auction and request of price offers;

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

18) 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;

19) the electronic catalog of goods - the information system integrated with the web portal in which the data on goods offered by potential suppliers by means of online stores are placed.

4. Other concepts used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

2. Planning of public procurements

5. The decision on implementation of public procurements is made by the customer based on the approved or specified annual plan of public procurements (the preliminary annual plan of public procurements), except as specified, of stipulated in Item 16 these rules.

6. The annual plan of public procurements is developed and affirms the customer based on the relevant budget (the development plan, individual funding plan) in form according to appendix 1 to these rules.

7. The customer, according to Item 2 of article 5 of the Law, based on the positive offer of the relevant budget commission before approval (refining) of the relevant budget develops and approves the preliminary annual plan of public procurements in form according to appendix 1 to these rules.

Customers, being the state companies, legal entities, more than fifty percent of voting shares (share in the authorized capital) which belong to the state develop and approve the preliminary annual plan of public procurements before approval of the development 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).

8. The preliminary annual plan of public procurements is effective before approval (refining) of the annual plan of public procurements. The customer by means of the web portal transfers data from the preliminary annual plan of public procurements to the approved annual plan of public procurements, except for the data which are not approved in the relevant budget (development plan).

9. The annual plan of public procurements affirms (is specified) by the customer within ten working days from the date of approval (refining) of the relevant budget (development plan) or individual funding plan.

10. The annual plan of public procurements (the preliminary annual plan of public procurements) contains the following data:

1) identification code of public procurement;

2) the nomenclature of goods, works, services according to the reference book, including the amounts allocated for implementation of public procurements, excluding tax for value added;

3) method and terms of implementation of public procurements;

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

5) 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 43 Laws;

6) conditions of implementation of public procurements according to article 51 of the Law.

11. In case of creation of the annual plan of public procurements (the preliminary annual plan of public procurements), the customer according to Item 3 of article 5 of the Law, divides goods, works, services into lots by their uniform types and in the place of their delivery (accomplishment, rendering), except for:

1) acquisitions of works, services providing complex of the interconnected works, services;

2) purchases of goods, works, services in the list approved by authorized body.

In case of availability at least five places of deliveries of goods, rendering services, specifying in lot of several places of deliveries of goods, rendering services is allowed.

11-1. Approval (refining) of the annual plan of public procurements in the amount which is not corresponding to the budget (development plan) in total on specifics to economic classification (expenditure items) according to which the conclusion of agreements on public procurements is required is not allowed.

11-2. When implementing public procurements of works on which there are design estimates, customers according to Item 5 of article 5 of the Law in the annual plan of public procurements (the preliminary annual plan of public procurements):

1) specify advance payment (advance payment) in the amount of thirty percent from the amount allocated for implementation of public procurements, excluding tax for value added;

2) place the design estimates which passed the examination in compliance the legislation of the Republic of Kazakhstan on the web portal of public procurements.

12. The customer within five working days from the date of approval of the annual plan of public procurements (the preliminary annual plan of public procurements) places it on the web portal, 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 office information of limited distribution.

13. Customers, according to Item 7 of article 5 of the Law, make changes and (or) additions to the annual plan of public procurements no more than two times a month.

The requirement of part one of this Item does not extend to cases:

1) implementation of public procurements by the state companies, legal entities, more than fifty percent of voting shares (shares in the authorized capital) which belong to the state, and the legal entities affiliated with them;

2) execution of instructions, notifications on elimination of the violations revealed by results of control actions, including by results of cameral control;

3) distributions of the distributed budget programs, and also implementation of public procurements when refining (adjustment) of the relevant budget according to the legislation of the Republic of Kazakhstan.

4) the decision making provided by the subitem 1) of part one of Item 2 of article 22 of the Law;

5) purchases of goods, services connected with entertainment expenses;

6) purchases of goods, works, services due to economy following the results of the carried-out public procurements.

14. The customer within five working days from the date of decision making about modification and (or) amendments in the annual plan of public procurements (the preliminary annual plan of public procurements) places the made changes and (or) additions on the web portal, 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 office information of limited distribution which are represented to authorized body without use of the web portal.

15. The customer no later than ten working days from the date of approval of the annual plan of public procurements (the preliminary annual plan of public procurements) or modification and (or) amendments of the annual plan of public procurements (the preliminary annual plan of public procurements) provides to the single organizer information on the planned public procurements of goods, works, services.

16. Are not subject to inclusion in the annual plan of public procurements (the preliminary annual plan of public procurements) of the data on the public procurements conducted according to subitems 4), 9), 31), 32) and 35) Item 3 of Article 39 and article 50 of the Law.

17. 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 and article 50 of the Law is not allowed.

18. The customer to the conclusion of the agreement, according to Item 10 of article 5 of the Law can refuse implementation of public procurements in cases:

1) reducings (not inclusion) expenses on purchase of goods, the works, services provided in the approved (specified) annual plan of public procurements (the preliminary annual plan of the public procurements) which happened in case of approval (refining, adjustment) of the relevant budget, approval of the budget statement, according to the legislation of the Republic of Kazakhstan;

2) the modification and amendments of the strategic plan of state body, the budget (the development plan, individual funding plan) of the customer excluding need of purchase of goods, works, the services provided in the approved (specified) annual plan of public procurements (the preliminary annual plan of public procurements), according to the legislation of the Republic of Kazakhstan.

In the case provided by the subitem 2) of part one of this Item, modification and amendments in the annual plan of public procurements (the preliminary annual plan of the public procurements) directed to acquisition of such goods, works, services in the current year are not allowed.

19. The customer, the organizer, or the single operator within five working days from the date of the decision making specified in Item 18 of these rules:

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

2) returns the brought providing bids (auction).

3. Procedure for determination of the organizer or single organizer

Paragraph 1. Procedure for determination of the organizer

20. For performing procedures of the organization and carrying out public procurements the customer determines the organizer and 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 act in one person.

21. As the organizer the customer on behalf of the structural division or the official, the actionee of procedures of the organization and carrying out public procurements can act.

22. The customer, according to Item 2 of article 7 of the Law has the right to determine the organizer subordinated public institution of the customer.

23. The customer, according to Item 3 of article 7 of the Law has the right to act as the organizer for several public institutions subordinated to the customer.

24. The customer, according to item 4 of article 7 of the Law has the right for several public institutions subordinated to the customer, to determine among them the organizer.

25. The administrator of the budget program, according to Item 5 of article 7 of the Law has the right to act as the organizer for public institution subordinated to it, the legal entity concerning whom he acts as state body, or persons affiliated with the legal entity concerning whom the administrator of the budget program acts as state body.

The state company or the legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, according to Item 5 of article 7 of the Law has the right to act as the organizer for persons, affiliirovanny with it.

26. According to the subitem 3) of Item 3 of article 8 of the Law for performing procedures of the organization and carrying out public procurements by method of tender (auction) the customer determines the organizer of public procurements of the single organizer in coordination with it.

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

Paragraph 2. Procedure for determination of the single organizer

28. Centralized public procurements are conducted by single organizers of public procurements.

28-1. The authorized body determines inventories, works, services on which public procurements are conducted by single organizers of public procurements.

28-2. The single organizer of public procurements conducts public procurements:

1) according to the inventory, works, services determined by authorized body, way of creation of the contest committees (the auction commissions), joint with the customer;

2) according to the inventory, works, services determined by authorized body, way of consolidation of uniform goods, works, services in one lot irrespective of the place of their delivery (accomplishment, rendering);

3) according to requests of customers for purchase of goods, the works, services which are not included in inventories, works, services, the determined authorized body, way of creation of the contest committees (the auction commissions), joint with the customer. This subitem is applied on condition of the consent of the single organizer of public procurements with carrying out such public procurements.

Chapter 4. Organization and carrying out public procurements by method of request of price offers

Paragraph 1. Notice on carrying out public procurements by method of request of price offers

29. The organizer no later than five working days before the termination of term of submission of price offers, places on the web portal in the Kazakh and Russian languages the following data on the carried-out public procurements by method of request of price offers:

1) about goods quantity, amounts of the performed works, the rendered services which are subject of the carried-out public procurements with indication of the allocated amounts;

2) the short description of the purchased goods, works, services;

3) place of delivery of goods, performance of works, rendering services;

4) desired delivery dates of goods, performance of works, rendering services;

5) about starting date and the ends of submission of price offers by potential suppliers;

6) the draft agreement with indication of the technical specification.

Customers develop the technical specification with indication of national standards, and in case of their lack of interstate standards on the purchased goods, works, service. In the absence of national and interstate standards required functional, technical, quality and operational characteristics of the purchased goods, works, services taking into account regulation of public procurements are specified.

At the same time the short description of the purchased goods shall contain the requirement to suppliers about provision of the documents confirming compliance of the delivered goods to the requirements established by technical regulations, provisions of standards or other documents according to the legislation of the Republic of Kazakhstan on technical regulation.

30. In the placed information, stipulated in Item 29 these rules, content of instructions on trademarks, service marks, trade names, patents, useful models, industrial designs, the name of the place of goods origin and the name of the producer, and also other characteristics is not allowed if such specifying determines accessory of acquired goods, work, service to the certain potential supplier, except for the following cases of implementation of public procurements:

1) for fitting, upgrade and retrofitting of the capital (installed) equipment, and also the established software (licensed software);

2) for determination of the service provider on provision of goods in leasing and emergence of need of the detailed description of subject of leasing;

3) for repair and (or) maintenance of the goods (equipment) which are available for the customer;

4) the goods presented and available at the market which cost does not exceed the thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

Paragraph 2. Submission of price offers by potential suppliers

31. The potential supplier represents only one price offer containing the data provided by these rules, modification and (or) amendments in which is not allowed.

The response by potential suppliers of the submitted price proposals before the expiration of their representation is allowed. At the same time repeated submission of price offers with the made changes before the expiration of their representation is allowed.

32. Submission of the price offer by the potential supplier is form of expression of its consent to perform delivery of goods, performance of works, rendering services with observance of the conditions provided in the draft agreement.

33. The price proposal of the potential supplier joins all expenses connected with delivery of goods, performance of works, rendering services.

34. The price offer is submitted the potential supplier by means of the web portal to the organizer before the termination of term of the reception of quotations specified in the announcement in form according to appendix 2 to these rules.

35. The price offer is deemed accepted after automatic sending by the web portal of the adequate notice to the potential supplier who submitted the price proposal.

Paragraph 3. Comparison of price offers and summing up public procurements by method of request of price offers

36. After the term of submission of price offers the web portal makes automatic comparison of price offers and summing up public procurements by method of request of price offers.

37. The winner the potential supplier who offered the smallest price offer is recognized.

38. The potential supplier who took the second place is determined on the basis of the price, following after the smallest price offer.

39. If the smallest price offer is provided by several potential suppliers, the winner the potential supplier whose price proposal arrived earlier price proposals of other potential suppliers is recognized.

40. Negotiation between the organizer and the potential supplier concerning its price offer by means of the web portal or different ways without application of the web portal, except as specified, the stipulated in Article 45 Laws is not allowed.

41. If during the term of submission of price offers only one price proposal of the potential supplier, such public procurements automatically is provided by the web portal are recognized cancelled and the organizer conducts public procurements by method from one source at the potential supplier who provided this price offer. At the same time the price of the signed agreement shall not exceed the price proposal of the potential supplier.

42. If during the term of submission of price offers any price proposal of potential suppliers, such public procurements automatically is not provided by the web portal are recognized cancelled and the organizer conducts repeated public procurements by method of request of price offers.

43. The price proposal of the potential supplier is subject to automatic variation the web portal in cases:

1) if it exceeds the amount allocated for acquisition of these goods, works, services;

2) provided by subitems 1), 3), 4), 5), 6) and 8) Item 1 of article 6 of the Law.

The variation of price offers on other bases is not allowed.

44. If after automatic variation of stipulated in Item 43 these rules, less than two price proposals of potential suppliers remained the web portal of price offers on the bases, then such public procurements are recognized cancelled and the organizer conducts repeated public procurements by method of request of price offers.

45. The protocol on results of public procurements by method of request of price offers take place on the web portal automatically after their leading in form according to appendix 3 to these rules.

Paragraph 3-1. Tender security on participation in public procurements by method of request of price offers

45-1. Tender security on participation in public procurements method of request of price offers is brought in the amount of one percent from the amount allocated for purchase of goods, works, services.

In case of participation in public procurements by method of request of price offers on several lots the potential supplier represents tender security on each lot separately.

Tender security compliance on participation in public procurements by method of request of price offers is determined by the web portal automatically in case of submission by the potential supplier of the application for participation in public procurements by method of request of price offers.

45-2. The potential supplier chooses one of the following types of tender security on participation in public procurements as method of request of price offers:

1) the money which is in e-wallet of the potential supplier;

2) the bank guarantee provided in electronic form according to appendix 3-1 to these rules.

Making by the potential supplier of the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet is not allowed.

Use by the single operator of the money which is in e-wallet, except as specified, of the these rules specified in Items 45-4 and 45-5 is not allowed.

45-3. Tender security does not return to the participation in public procurements by method of request of price offers brought in the form of the electronic bank guarantee the organizer of public procurements to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner evaded from the conclusion of the agreement on public procurements;

2) the winner, having signed the agreement, did not perform or in an inadequate way performed, including out of time performed requirements about introduction and (or) terms of introduction of ensuring agreement performance.

45-4. Tender security on the participation in public procurements by method of request of price offers brought through e-wallet is blocked by the single operator and does not return to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner evaded from the conclusion of the agreement on public procurements;

2) the winner, having signed the agreement on public procurements, did not perform or in an inadequate way performed, including out of time performed, requirements about introduction and (or) terms of introduction of ensuring agreement performance about public procurements.

45-5. In case of approach of one of the cases provided by Items 45-3 and 45-4 of these rules the tender security amount on participation in public procurements by method of request of price offers is credited in the income of the relevant budget, the state company, the legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, or legal entities, affiliirovanny with them.

The single operator within five working days from the date of receipt from the customer of the statement by means of the web portal makes transfer from e-wallet of the potential supplier of the blocked money on tender security into the account specified in the statement of the customer if the potential supplier evaded from the conclusion of the agreement or having signed the agreement did not bring ensuring agreement performance.

45-6. The organizer returns to the potential supplier the tender security brought by him on participation in public procurements by method of request of price offers in the form of the electronic bank guarantee, within three working days from the date of approach of one of the following cases:

1) placements of the protocol of opening in response cases the this potential supplier of the request before the expiration of final term of submission of applications for participation in public procurements by method of request of price offers;

2) signings of the protocol on results of public procurements. The specified case does not extend to the participant determined by the winner public procurements by method of request of price offers;

3) signings by the potential supplier of the agreement on public procurements and introduction of ensuring agreement performance by it.

45-7. The single operator automatically will unblock to the potential supplier the tender security blocked by him on participation in public procurements by method of request of price offers in the following cases:

1) response the this potential supplier of the request before the expiration of final term of submission of requests in public procurements by method of request of price offers;

2) signings of the protocol on results of public procurements. The specified case does not extend to the participant determined by the winner public procurements by method of request of price offers;

3) signings by the potential supplier of the agreement on public procurements and introduction of ensuring agreement performance by it about public procurements.

45-8. Upon the demand of the potential supplier about refund, placed on its e-wallet, the single operator within three working days from receipt date of such requirement returns the specified money concerning which blocking is not performed or blocking is stopped.

5. Procedure of public procurements by tender method

Paragraph 1. Stages of implementation of public procurements by method of tender by the organizer, single organizer

46. The organization and carrying out public procurements by tender method, provides accomplishment of the following consecutive events:

1) determination by the customer of the organizer, except as specified, when the customer and the organizer act in one person and the authorized representative of the customer representing the interests of the last in the forthcoming tender;

2) provision by the customer to the organizer of information and documents for the organization and carrying out public procurements by method of tender or representation by the customer to the single organizer of task for the organization and carrying out public procurements by tender method;

3) the direction the customer to the organizer, the single organizer by means of the web portal of Items of the annual plan of public procurements (the preliminary annual plan of public procurements) for performing procedures of the organization and carrying out public procurements by tender method;

4) determination and statement of structure of the contest committee, structure of commission of experts or expert (if necessary), determination of the secretary of the contest committee;

5) approval of the draft of the tender documentation;

6) placement on the web portal of the announcement of implementation of public procurements by tender method, and also the text of the tender documentation;

7) preliminary discussion by means of the web portal of the draft of the tender documentation and placement on the web portal of the protocol of preliminary discussion of the draft of the tender documentation, and also the text of the tender documentation;

8) submission of bids by potential suppliers in electronic form and their automatic registration on the web portal;

9) automatic opening of requests and placement on the web portal of the relevant protocol of opening;

10) consideration by the contest committee by means of the web portal of bids of potential suppliers regarding their compliance to qualification requirements and requirements of the tender documentation, and also lack of restrictions, the stipulated in Article 6 Laws;

11) reduction by potential suppliers of the bids in compliance with qualification requirements and requirements of the tender documentation;

12) de novo review of bids of the potential suppliers brought into accord with qualification requirements and requirements of the tender documentation;

13) determination of potential suppliers who conform to qualification requirements and requirements of the tender documentation, and recognition by their participants of tender, and also use of relative values of criteria to competitive price proposals of participants of tender;

14) automatic comparison by the web portal of the conditional prices of participants of tender, determination of the winner of tender on the basis of the smallest conditional price, and also the potential supplier who took the second place, and placement on the web portal of the protocol on results of public procurements by tender method;

15) the conclusion the customer of the contract with the winner based on the protocol on results of public procurements by tender method.

The actions provided by the subitem 7) of this Item are not performed in case of public procurements, data on which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, and (or) contain office information of limited distribution, and also in case of public procurements of the works requiring the design estimates where instead of the technical specification the tender documentation contains the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan.

The actions provided by the subitem 11) of this Item are performed in case of identification by the contest committee of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation.

46-1. The single organizer carries out public procurements with observance of the following consecutive stages:

1) representation by the customer to the single organizer of the task for the organization and carrying out public procurements containing documents, stipulated in Item 52 these rules;

2) development and approval of the tender documentation by the single organizer of the project based on the task provided by the customer containing documents, stipulated in Item 52 these rules;

3) determination and statement of structure of the contest committee by the single organizer of public procurements.

In the cases provided by subitems 1) and 3) of Item 28-2 of these rules customer representatives also enter into structure of the contest committee determined and approved by the single organizer;

4) in case of need modification and (or) amendments by the single organizer in the tender documentation;

5) placement by the single organizer on the web portal of the announcement of carrying out public procurements;

6) in the cases provided by subitems 1) and 3) of Item 28-2 of these rules the direction the single organizer to the customer of requests and notes from the persons automatically registered on the web portal, who received the tender documentation to the draft agreement about public procurements and (or) the technical specification of the tender documentation;

7) determination of the winner of public procurements by tender method;

8) the conclusion the customer of the contract on public procurements with the winner based on the protocol on results of public procurements according to the procedure, established by these rules.

46-2. The customer no later than ten working days from the date of approval of the annual plan of public procurements (the preliminary annual plan of public procurements) or modification and (or) amendments of the annual plan of public procurements (the preliminary annual plan of public procurements) provides to the single organizer information on the planned public procurements of goods, works, services.

46-3. The organization and carrying out public procurements by the single organizer are performed according to requirements imposed to the organizer taking into account the features established by the Law and these rules.

47. No. 1130 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 29.12.2018

48. No. 1130 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 29.12.2018

49. No. 1130 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 29.12.2018

50. Consideration of bids, assessment and comparison of competitive price proposals of participants of tender, and also determination of the winner of tender are performed on each lot provided in the tender documentation.

Paragraph 2. Provision by the customer to the organizer (the single organizer) of information and documents for the organization and carrying out public procurements by tender method

51. The customer provides to the organizer for carrying out tender the technical specification and the draft agreement in the Kazakh and Russian languages, except as specified, when the organizer and the customer act in one person.

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. At the same time terms of performance of works on such public procurements shall correspond to the terms of performance of works specified in the design estimates approved in accordance with the established procedure. In addition to the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan, the tender documentation shall contain the electronic copy of the positive conclusion of complex non-departmental examination.

At the same time, in the tender documentation content of instructions on trademarks, service marks, trade names, patents, useful models, industrial designs, the name of the place of goods origin and the name of the producer, and also other characteristics is not allowed if such specifying determines accessory of acquired goods, work, service to the certain potential supplier, except for the following cases of implementation of public procurements:

1) for fitting, upgrade and retrofitting of the capital (installed) equipment, and also the established software (licensed software);

2) for determination of the service provider on provision of goods in leasing and emergence of need of the detailed description of subject of leasing;

3) for repair and (or) maintenance of the goods (equipment) which are available for the customer.

52. In the cases provided by subitems 1) and 3) of Item 28-2 of these rules the organization and carrying out public procurements by method of tender is performed by the single organizer based on representation by the customer of the task in the Kazakh and Russian languages containing the following documents:

1) the request of the customer for carrying out tender signed by the first head of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties with indication of candidates from among customer representatives for inclusion in structure of the contest committee;

2) the approved first head of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties, the technical specification, draft agreement being integral part of the tender documentation and structure of commission of experts or the expert in case of its creation (attraction).

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.

52-1. In the case provided by the subitem 2) of Item 28-2 of these rules the organization and carrying out public procurements by method of tender is performed by the single organizer based on representation by the customer of the task in the Kazakh and Russian languages containing the following documents:

1) the request of the customer for carrying out tender signed by the first head of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties;

2) the approved first head of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties, the draft of the technical specification with indication of required functional, technical, quality and operational characteristics of the purchased goods, works, services.

Paragraph 3. Determination and statement of structure of the contest committee, structure of commission of experts or expert (if necessary), determination of the secretary of the contest committee

53. For performing procedures of the organization and carrying out public procurements by tender method the organizer, the single organizer on each tender separately approves the contest committee and determines the secretary of the contest committee.

54. The decision on creation of the contest committee and determination of the secretary of the contest committee is accepted by the first head of the organizer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties.

55. If as the organizer the customer directly or on behalf of the structural division, (official), 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 of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties.

56. In case of implementation of public procurements by the single organizer, the decision on creation of the contest committee and determination of the secretary of the contest committee is accepted by the first head or person, the acting as the first head of the single organizer.

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

58. For development of the specification and (or) the technical specification of the purchased goods, works, services, the customer if necessary creates commission of experts or involves the expert.

59. Members of the contest committee are the chairman and other members of the contest committee. Members of the contest committee consider requests and take part in vote without the replacement right.

The total quantity of members of the contest committee, according to the subitem 10) of article 2 of the Law constitutes odd number, but at least three people.

The total quantity of members of the contest committee created by the single organizer constitutes odd number, but at least five people.

59-1. For the purpose of realization of the powers members of public councils take part in the contest committees of the relevant state body.

60. In case, stipulated in Item 20 these rules, the chairman of the contest committee determines the official not below the deputy first head of the customer.

When carrying out tender on material logistics of activities of the central executive bodies, the chairman of the contest committee determines the head of the budget program or person fulfilling its duties.

In the cases provided by Items 22 and 24 of these rules, the chairman of the contest committee determines the official not below the deputy first head of the organizer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties.

In case, 23 and 25 these rules provided by Items 21,, are determined by the chairman of the contest committee the official not below the deputy first head of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties.

In case, stipulated in Item 26 these rules, the chairman of the contest committee determines the official not below the first head of the customer or person fulfilling its duties.

61. In case of absence of the chairman of the contest committee the candidate for the chairman of the contest committee pereutverzhdatsya. At the same time, the chairman of the contest committee determines the official not below the deputy first head, and in case of its absence – the first head.

In case of reapproval of the contest committee created by the single organizer, the chairman of the contest committee determines the official fulfilling duties of the first head of the customer or akim of the corresponding administrative and territorial unit of the Republic of Kazakhstan.

62. When carrying out tender within the budget development programs providing implementation of the budget investment projects by the central executive and other central state bodies, their departments and territorial subdivisions, subordinated state legal entities, and also legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belongs to the state, and the legal entities affiliated with them), the chairman of the contest committee determines the first head of the customer.

63. When carrying out tender within the budget development programs providing implementation of the budget investment projects by local executive body, the executive body financed from the local budget, the chairman of the contest committee determines the first head of the customer.

64. In the cases provided by subitems 1) and 3) of Item 28-2 of these rules, the chairman of the contest committee determines the first head of the customer, and in cases if the allocated amount on implementation of public procurements by method of tender exceeds the vosemsottysyachekratny size of the monthly settlement indicator established for the corresponding financial year the akim of the corresponding administrative and territorial unit.

Akims of the cities of republican value and the capital are determined by chairmen of the contest committee if the allocated amount on implementation of public procurements by method of tender exceeds one million the shestsottysyachekratny size of the monthly settlement indicator established for the corresponding financial year.

In the case provided by the subitem 2) of Item 28-2 of these rules, the chairman of the contest committee determines the first head of the single organizer of public procurements or person fulfilling its duties or his deputy.

65. When carrying out tender on material logistics of activities of the central executive bodies, the chairman of the contest committee is determined by the first head of the central executive body or person fulfilling its duties, except for the case provided by the subitem 2) of Item 28-2 of these rules.

66. No. 1130 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 29.12.2018

67. No. 1130 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 29.12.2018

68. Chairman of the contest committee:

1) directs activities of the contest committee;

2) performs other functions provided by these rules.

69. The contest committee acts from the date of entry into force of the decision on its creation and stops the activities in day of the conclusion of the agreement.

70. The decision of the contest committee is made by vote by means of the web portal and deemed accepted if for it the majority of votes from total quantity of members of the contest committee is given. In case of equality of votes the decision for which the chairman of the contest committee voted is deemed accepted.

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

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

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

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

In case of implementation of public procurements by the single organizer, the secretary of the contest committee is determined from among officials of the single organizer.

72. Secretary of the contest committee:

Creates 1) and places the draft of the tender documentation on the web portal;

2) is placed on the web portal by the announcement of carrying out tender, the protocol of preliminary discussion of the draft of the tender documentation, the protocol of opening of bids, the protocol of the preliminary admission to participation in tender in case of its availability, the protocol on results of public procurements by tender method, and also other documents on the web portal in case of their availability;

3) is placed on the web portal by the conclusion of commission of experts or expert in case of their availability;

4) performs other functions provided by these rules.

73. Under the organization and carrying out public procurements by tender method the organizer, according to Item 2 of article 27 of the Law forms commission of experts or determines the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers, the technical specification which is integral part of the tender documentation.

In the cases provided by subitems 1) and 3) of Item 28-2 of these rules, the customer if necessary approves commission of experts or the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers, the technical specification which is integral part of the tender documentation.

In the case provided by the subitem 2) of Item 28-2 of these rules, the single organizer approves commission of experts or the expert for preparation of the expert opinion concerning compliance of the goods, works, services offered by potential suppliers, the technical specification which is integral part of the tender documentation.

74. Under the organization and carrying out public procurements of works where instead of the technical specification which is integral part of the tender documentation, the tender documentation contains the design estimates which passed the examination according to the legislation, the commission of experts is not created, the expert is not attracted.

75. The decision on creation of commission of experts or on involvement of the expert is accepted by the first head of the organizer, or person fulfilling its duties, either the head of the budget program or person fulfilling its duties.

In the cases provided by subitems 1) and 3) of Item 28-2 of these rules, the decision on creation of commission of experts is made by the first head of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties.

In the case provided by the subitem 2) of Item 28-2 of these rules, the decision on creation of commission of experts is made by the first head of the single organizer or person fulfilling its duties.

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

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

78. Under the organization and carrying out public procurements by tender method the commission of experts or the expert 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.

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

The documents confirming qualification of the expert are surely put to the expert opinion (the diploma about education, the certificate, the certificate or other document).

80. Determination by commission of experts regarding compliance of the goods offered by potential suppliers, works, services to requirements of the tender documentation is performed by open voting and deemed accepted if for it the majority of votes from total quantity of members of commission of experts is given.

81. In case of equality of votes, accepted is considered the decision for which the chairman of commission of experts or, in case of its absence, the vice-chairman voted.

In case of disagreement with the conclusion of commission of experts, any member of this commission of experts has the right to special opinion which is applied to the conclusion of commission of experts and accommodates on the web portal.

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

Paragraph 4. Approval of the draft of the tender documentation and placement it on the web portal

82. The organizer or the single organizer for determination of conditions and procedure for carrying out tender creates on the web portal in the Kazakh and Russian languages the tender documentation, according to appendix 4 to these rules, and approves it with the customer, except as specified when:

1) the customer and the organizer act in one person;

2) public procurements by method of tender are conducted by the single organizer.

83. The draft of the tender documentation developed by the organizer affirms the first head of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties.

84. The draft of the tender documentation developed by the single organizer of public procurements determined according to subitems 1), 2), 3) of Item 28-2 of these rules affirms the first head of the single organizer or person fulfilling its duties.

85. The draft of the tender documentation developed and approved by the single organizer shall contain the technical specification, the draft agreement, being integral part of the tender documentation and structure of commission of experts or the expert (in the presence).

85-1. It is excluded according to the Order of the deputy. The Minister of Finance of the Republic of Kazakhstan of 20.08.2019 No. 899

85-2. It is excluded according to the Order of the deputy. The Minister of Finance of the Republic of Kazakhstan of 20.08.2019 No. 899

Paragraph 5. Notice on carrying out tender

86. The organizer no later than three working days from the date of approval of the draft of the tender documentation places on the web portal the text of the announcement of implementation of public procurements by tender method, and also the draft of the tender documentation.

The term of final date of submission of bids by potential suppliers, according to Item 3 of article 22 of the Law constitutes at least fifteen calendar days from the date of placement of the protocol of preliminary discussion of the draft of the tender documentation and the text of the approved tender documentation.

The customer before the expiration of submission of bids by potential suppliers can make changes to the tender documentation on own initiative. In such cases the tender documentation is subject to preliminary discussion according to the procedure, determined by article 22 of the Law.

If preliminary discussion of the draft of the tender documentation is not performed, according to Item 89 of these rules, the term of final date of submission of bids by potential suppliers, according to Item 3 of article 22 of the Law constitutes at least fifteen calendar days from the date of placement of the text of the announcement of implementation of public procurements by tender method.

87. In case of implementation of repeated public procurements by tender method the organizer at least in five working days prior to final date of submission of bids places on the web portal the text of the announcement of implementation of repeated public procurements by tender method on condition of invariance of the tender documentation of cancelled tender, except for increases in term of a contract about public procurements in connection with carrying out repeated public procurements.

88. In case of modification and (or) amendments of the tender documentation public procurements are carried out according to Item 86 of these rules.

Paragraph 6. Preliminary discussion and placement on the web portal of the protocol of preliminary discussion of the draft of the tender documentation

89. The compulsory provision of approval of the tender documentation is preliminary discussion of the draft of the tender documentation by potential suppliers, except as specified implementation of public procurements of the data on which constitute the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, and (or) contain office information of limited distribution.

90. Notes to the draft of the tender documentation, and also inquiries can be sent by potential suppliers by means of the web portal for explanation of provisions of the tender documentation to the customer, the organizer, the single organizer no later than five working days from the date of placement of the announcement of implementation of public procurements.

91. In the absence of notes to the draft of the tender documentation, and also requests on explanation of provisions of the tender documentation within five working days from the date of placement of the announcement of implementation of public procurements, the tender documentation is considered approved.

92. In the presence of notes, and also requests on explanation of provisions of the tender documentation the customer, the organizer, the single organizer within five working days from the date of the expiration of preliminary discussion of the tender documentation make the following decisions:

1) make changes and (or) additions to the draft of the tender documentation;

2) is rejected by notes to the draft of the tender documentation with indication of reasons and the reasons of their variation;

3) make explanations of provisions of the tender documentation.

In case of modification and (or) amendments of the draft of the tender documentation the decision on approval of the changed tender documentation on the web portal according to the procedure established by Items 83, of 84 these rules is made.

From the date of decision making, provided by subitems 2) and 3) this Item the tender documentation is considered approved.

92-1. The requirement about preliminary discussion of the draft of the tender documentation extends to public procurements of the works requiring the design estimates where instead of the technical specification the tender documentation contains the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan regarding the subitem 3) of Item 92 of these rules.

93. The organizer, the single organizer no later than one working day from the date of approval of the tender documentation place on the web portal the protocol of preliminary discussion of the draft of the tender documentation in form according to appendix 5 to these rules.

In case of modification and (or) amendments of the draft of the tender documentation, according to the subitem 1) of Item 92 of these rules, the organizer, the single organizer together with the protocol of preliminary discussion of the tender documentation places the approved text of the tender documentation, with the automatic notification of the potential suppliers who received the draft of the tender documentation.

94. The protocol of preliminary discussion of the draft of the tender documentation, according to Item 2 of article 22 of the Law contains information on the arrived notes to the draft of the tender documentation and decisions made according to them.

The protocol of preliminary discussion of the draft of the tender documentation is signed by 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 by the single organizer the protocol of preliminary discussion of the draft of the tender documentation is signed by the first head of the single organizer.

In the cases provided by Items 22, of 24 and 25 these rules, the protocol of preliminary discussion of the draft of the tender documentation is signed by the first head of the organizer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties.

95. The organizer, in need of current of five working days from the date of the expiration of preliminary discussion of the draft of the tender documentation, in response to requests or notes of potential suppliers, makes changes and (or) additions to the tender documentation. Modification and (or) amendments in the tender documentation affirms the customer according to the procedure, stipulated in Item 83 these rules.

96. The single organizer in need of current of five working days from the date of the expiration of preliminary discussion of the draft of the tender documentation, in response to requests or notes of potential participating suppliers of the web portal, makes changes and (or) additions to the draft of the tender documentation, except for the changes and (or) amendments in the technical specification and the draft agreement which are integral part of the tender documentation. Modification and (or) amendments in the tender documentation, except for the changes and (or) amendments in the technical specification and the draft agreement which are integral part of the tender documentation affirms the single organizer according to the procedure, stipulated in Item 84 these rules.

The customer if necessary directs the approved decision on modification and (or) the amendments in the technical specification or the draft agreement which are integral part of the tender documentation, to the single organizer no later than three working days from the date of the expiration of preliminary discussion of the draft of the tender documentation.

97. The single organizer based on the decision on modification approved by the customer and (or) the amendments in the technical specification or the draft agreement which are integral part of the tender documentation brings no later than five working days from the date of the expiration of preliminary discussion of the draft of the tender documentation, change and (or) amendment in the technical specification or the draft agreement which are integral part of the tender documentation in time.

98. In case of decision making about variation of notes to the draft of the tender documentation, according to the subitem 2) of Item 92 of these rules, detailed reasons for the reasons of their variation are specified in the protocol of preliminary discussion of the draft of the tender documentation.

99. In case of receipt of requests of potential suppliers about explanation of provisions of the tender documentation by means of the web portal, according to the subitem 3) of Item 92 of these rules, the text of explanation of provisions of the tender documentation is reflected in the protocol of preliminary discussion of the draft of the tender documentation.

100. In the cases provided by subitems 1) and 3) of Item 28-2 of these rules the explanation of the provisions of the technical specification and draft agreement which are integral part of the tender documentation is performed by the customer.

In the case provided by the subitem 2) of Item 28-2 of these rules explanation of the provisions of the technical specification and draft agreement which are integral part of the tender documentation it is performed by the single organizer.

The text of explanation of provisions of the technical specification and the draft agreement which are integral part of the tender documentation is reflected in the protocol of preliminary discussion of the draft of the tender documentation.

Paragraph 7. Representation to potential suppliers of the tender documentation or draft of the tender documentation

101. From the date of placement of the announcement of carrying out tender everyone is given opportunity of free receipt of the tender documentation, or draft of the tender documentation on the web portal.

102.  No. 521 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 03.10.2016

103. Provision of the tender documentation, or draft of the tender documentation until the notice on carrying out tender on the web portal is not allowed.

Paragraph 8. Content and submission of requests by potential suppliers for participation in tender

104. The bid is submitted in electronic form by means of the web portal before the expiration of final term of its representation specified in the tender documentation and is form of expression of consent of the potential supplier with the requirements and conditions established by the tender documentation and also the consent of the potential supplier to receipt of the information about him confirming compliance to qualification requirements and restrictions, the stipulated in Clause 6 Laws.

105. The bid submitted to the organizer, the single organizer by the potential supplier who showed willingness to participate in tender shall contain the documents listed in the form of the tender documentation and also contain confirmation of the potential supplier:

1) about lack of restrictions, the stipulated in Article 6 Laws;

2) about absence between it and the customer or the organizer (the single organizer) of the relations forbidden by the Law;

3) about consent to termination according to the procedure established by the laws of the Republic of Kazakhstan, the agreement in case of identification of the facts specified in Item 19 of article 43 of the Law.

106. The bid is considered to the potential supplier accepted at the time of automatic sending by the web portal of the adequate notice who submitted the bid.

107. The potential supplier submits only one bid.

108. The bid of the potential supplier is subject to automatic variation the web portal in the following cases:

1) the potential supplier earlier submits the application for participation in this tender;

2) the bid arrived on the web portal after the expiration of final term of order taking for participation in this tender;

3) the competitive price offer exceeds the amount allocated for acquisition of these goods, works, services;

4) provided by subitems 1), 3), 4), 5), 6) and 8) Item 1 of article 6 of the Law.

Effective period of the bid submitted by the potential supplier for participation in tender constitutes at least sixty calendar days from the date of opening of bids, and shall correspond to the required term established by the tender documentation.

109. The request of the potential supplier for participation in tender automatically are registered on the web portal.

The request is considered given in case of introduction by the potential supplier of tender security on participation in tender.

110. The potential supplier if necessary changes or withdraws the bid before the expiration of final term of submission of bids at any time, without losing the right to return of the providing the bid brought by it.

The withdrawal of the bid after the expiration of final term of their representation is not allowed.

111. Modification and (or) amendments in bids after the expiration of final term of their representation, except for case, stipulated in Item 126 these rules is not allowed.

112. Representation by the potential supplier of the separate documents required according to the tender documentation, received by means of the address to the state information systems and (or) the state databases or by means of filling of electronic form with use of the web portal is allowed.

Paragraph 9. Tender security on participation in tender

113. Tender security on participation in tender is brought in the amount of one percent from the amount allocated for purchase of goods, works, services.

In case of participation in tender on several lots the potential supplier has the right to provide tender security on participation in tender on each lot separately.

Tender security compliance on participation in tender is determined by the web portal automatically in case of submission of the bid by the potential supplier.

114. The potential supplier chooses one of the following types of tender security on participation in tender:

1) the money which is in e-wallet of the potential supplier;

2) the bank guarantee provided in electronic form. Provision of the bank guarantee is on paper allowed in cases, the stipulated in Article 50 Laws.

Making by the potential supplier of the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet is not allowed.

Use by the single operator of the money which is in e-wallet, except as specified, of the these rules specified in Items 117-1 and 118 is not allowed.

115.  No. 1130 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 29.12.2018

116. It is excluded according to the Order of the First deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of 27.12.2019 No. 1438

117. Tender security does not return to the participation in tender brought in the form of the electronic bank guarantee the organizer of public procurements to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner of tender evaded from the conclusion of the agreement on public procurements;

2) the winner of tender, having signed the agreement, did not perform or in an inadequate way performed, including out of time performed the requirements established by the tender documentation about introduction and (or) terms of introduction of ensuring agreement performance and (or) the amount according to article 26 of the Law.

117-1. Tender security on the participation in tender brought through e-wallet is blocked by the single operator and does not return to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner of tender evaded from the conclusion of the agreement on public procurements;

2) the winner of tender, having signed the agreement on public procurements, did not perform or in an inadequate way performed, including out of time performed, the requirements established by the tender documentation about introduction and (or) terms of introduction of ensuring agreement performance about public procurements and (or) the amounts according to article 26 of the Law.

118. In case of approach of one of the cases provided by Items 117 and 117-1 of these rules, the tender security amount on participation in tender is credited in the income of the relevant budget, the state company, the legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, or legal entities, affiliirovanny with them.

The single operator within five working days from the date of receipt from the customer of the statement by means of the web portal makes transfer from e-wallet of the potential supplier of the blocked money on tender security into the account specified in the statement of the customer if the potential supplier evaded from the conclusion of the agreement or having signed the agreement did not bring ensuring agreement performance and (or) the amount according to article 26 of the Law.

119. The organizer returns to the potential supplier the tender security brought by him on participation in tender in the form of the electronic bank guarantee, within three working days from the date of approach of one of the following cases:

1) placements of the protocol of opening in response cases this potential supplier of the bid before the expiration of final term of submission of bids;

2) signings of the protocol on results of public procurements by tender method. The specified case does not extend to the participant of the tender determined by the winner of tender;

3) signings by the potential supplier of the agreement on public procurements and introduction of ensuring agreement performance by it and (or) the amounts according to article 26 of the Law (in the presence).

119-1. The single operator automatically will unblock to the potential supplier the tender security blocked by him on participation in tender in the following cases:

1) response this potential supplier of the bid before the expiration of final term of submission of bids;

2) signings of the protocol on results of public procurements by tender method. The specified case does not extend to the participant of the tender determined by the winner of tender;

3) signings by the potential supplier of the agreement on public procurements and introduction of ensuring agreement performance by it about public procurements, and also the amounts according to article 26 of the Law (in the presence).

119-2. Upon the demand of the potential supplier about refund, placed on its e-wallet, the single operator within three working days from receipt date of such requirement returns the specified money concerning which blocking is not performed or blocking is stopped.

Paragraph 10. Opening of bids

120. Opening of bids is made by the web portal automatically within five minutes from the moment of the expiration of final term of submission of bids.

121. If on tender (lot) only one bid is submitted (lot), such request is also opened and considered according to these rules.

122. The protocol of opening of bids is placed the web portal automatically at the time of their opening according to appendix 6 to these rules. At the same time the web portal sends automatic notices to the members of the contest committee, potential suppliers who submitted bids.

123. Access to viewing of applications for participation in this tender of other potential suppliers, except for competitive price offers is provided to the potential suppliers who submitted the bid after three working days from the date of placement of the protocol of the preliminary admission.

Paragraph 11. Consideration of bids

124. The contest committee by means of the web portal considers bids for the purpose of determination of the potential suppliers conforming to qualification requirements and requirements of the tender documentation.

125. No later than one working day from the date of opening of bids the secretary of the contest committee provides for consideration of commission of experts or the expert, in case of its creation (attraction), the technical specifications on goods, works, services offered by potential suppliers in the request for the purpose of determination of compliance to their requirements of the tender documentation, except for public procurements of works where the tender documentation instead of the technical specification contains the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan.

125-1. By consideration of bids regarding compliance of potential suppliers to qualification requirements and requirements of the tender documentation, the contest committee according to Item 5 of article 27 of the Law:

1) in writing and (or) form of an electronic document requests from potential suppliers materials and explanations in connection with their requests to simplify consideration, assessment and comparison of bids;

2) for the purpose of refining of the data containing in bids, in writing and (or) form of an electronic document requests necessary information from the relevant physical persons or legal entities, state bodies.

126. The contest committee in case of identification of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation grants to such potential suppliers the right for reduction of bids in compliance with qualification requirements and requirements of the tender documentation within three working days from the date of placement of the protocol of the preliminary admission to participation in tender on the web portal.

The right for reduction of bids in compliance with qualification requirements and requirements of the tender documentation is not granted to potential suppliers:

1) violated requirements of article 6 of the Law;

2) provided unreliable information on qualification requirements and requirements of the tender documentation;

3) not brought tender security on participation in tender or not brought it in the amount of, determined by these rules.

127. By results of consideration of bids regarding compliance of potential suppliers to qualification requirements and requirements of the tender documentation the protocol of the preliminary admission on participation in tender which is signed by the chairman and all members of the contest committee, and also the secretary of the contest committee in day of decision making about preliminary consideration of bids is drawn up.

128. The protocol of the preliminary admission to participation in tender, according to Item 3 of article 27 of the Law contains the following information:

1) the list of the potential suppliers who are not conforming to qualification requirements and requirements of the tender documentation with the detailed description of the reasons of their variation, including with indication of the data and documents confirming their discrepancy to qualification requirements and requirements of the tender documentation;

2) the list of documents which the potential supplier needs to provide and bring into accord with qualification requirements and requirements of the tender documentation by means of the web portal.

129. In case of compliance of potential suppliers to qualification requirements and requirements of the tender documentation the protocol of the preliminary admission on participation in tender is not drawn up.

130. The decision of the contest committee on the preliminary admission of potential suppliers to participation in tender is made within ten working days from the date of opening of bids and is placed the secretary of the contest committee on the web portal, according to appendix 7 to these rules, with the automatic e-mail notification of all potential suppliers who submitted bids.

131. The protocol of the preliminary admission to participation in tender is signed on the web portal by all members of the contest committee.

132. In case of disagreement with the solution of the contest committee any member of this contest committee has the right to special opinion which is applied to the protocol on the preliminary admission to participation in tender and accommodates on the web portal in the form of the electronic copy of the document.

In case of lack of the signature of any member of the contest committee to the relevant protocol of the preliminary admission to participation in tender by the secretary of the contest committee on the web portal the document or information containing signature absence reason is placed.

133. After term, stipulated in Item 126 these rules, the secretary of the contest committee by means of the web portal initiates the procedure of de novo review of the bids brought into accord with qualification requirements and requirements of the tender documentation.

134. In case of de novo review of bids the contest committee:

1) repeatedly considers bids of the potential suppliers specified in the list of the protocol of the preliminary admission to participation in tender regarding completeness of their reduction in compliance with qualification requirements and requirements of the tender documentation, according to the list of the documents specified in the protocol of the preliminary admission to participation in tender;

2) determines the potential suppliers who provided the incomplete and not conforming to qualification requirements and requirements of the tender documentation list of the documents specified in the protocol of the preliminary admission to participation in tender;

3) according to Item 5 of article 27 of the Law has the right, in writing and (or) in electronic form to request from potential suppliers whose bids were brought into accord with qualification requirements and requirements of the tender documentation, materials and explanations, in connection with their bids to simplify consideration, assessment and comparison of bids;

4) according to Item 5 of article 27 of the Law of the data having the right for the purpose of refining containing in bids which were brought into accord with qualification requirements and requirements of the tender documentation, in writing and (or) in electronic form to request necessary information from the relevant physical persons or legal entities, state bodies.

135. Sending an inquiry and other actions of the contest committee connected with amendment of the bid a missing documents, replacement of the documents submitted in the bid, reduction to compliance in an inadequate way of the processed documents after the expiration established in Item 126 of these rules are not allowed.

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