of December 11, 2015 No. 648
About approval of Rules of implementation of public procurements
According to the subitem 1) article 16 of the Law of the Republic of Kazakhstan "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
1. These rules of implementation of public procurements (further – Rules) are developed according to the Law of the Republic of Kazakhstan "About public procurements" (further – the Law), the laws of the Republic of Kazakhstan "About the electronic document and the digital signature", "About informatization" and determine procedure of public procurements.
2. Rules do not extend to public procurements using special procedure of public procurements.
3. In these rules the following concepts are used:
1) indicator of financial stability of the potential supplier - the set of indicators according to the income paid to taxes and the salary fund of the potential supplier determined by the web portal automatically according to data of information systems of bodies of the state revenues or the relevant authorized body of the potential nonresident supplier of the Republic of Kazakhstan received by integration according to the legislation of the Republic of Kazakhstan in the field of informatization (further - bodies of state revenues), applied according to the procedure, determined by Item 293 of these rules;
2) the participant of the web portal – the customer, the organizer, the single organizer, the potential supplier who was registered on the web portal;
3) 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;
4) 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;
5) 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;
6) 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;
7) 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;
8) 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;
9) authorized body in the sphere of public procurements (further – authorized body) – the state body performing management in the sphere of public procurements;
10) 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 according to the procedure determined by these rules;
11) 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;
12) 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;
13) the organizer of public procurements (further – the organizer) – the legal entity or structural division acting on behalf created it the legal entity performing the organization and carrying out public procurements according to article 7 of the Law;
14) the ofteyk-contract – the agreement on the guaranteed purchase signed between the customer and the potential supplier in the future the goods planned to production;
15) the electronic catalog of goods – the information subsystem of the web portal intended for forming of the unified description of goods for the purpose of the automated identification of the purchased goods;
16) 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 44 of these rules;
17) 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;
18) 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;
19) e-wallet – the personal account of the potential supplier or supplier used by the single operator for reflection of transactions of the potential supplier or the supplier in case of introduction by it of the money for its bank account, opened in the central authorized body on budget implementation according to the procedure determined by authorized body connected with:
providing bids, auction and request of price offers;
ensuring agreement performance;
providing advance payment (if the agreement provides advance payment);
introduction of the amount according to article 26 of the Law (in the presence);
20) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the digital signature;
21) 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.
22) the starting price – the price offered by the potential supplier before holding the auction, attached to the auction participation application which is not lower than the allocated auction subject amount more than for five percent;
23) conciliation commission – the permanent collegiate organ created by the customer according to the procedure, determined by the Law, considering addresses of the potential suppliers included in the register of unfair participants of public procurements owing to evasion from the conclusion of the agreement;
24) the framework agreement – the agreement signed between the single organizer and (or) the organizer with potential suppliers by results of carrying out centralized public procurements for the purpose of the subsequent conclusion of the contract between the customer and the participant of the framework agreement;
25) electronic shop – the unified information system determined by the single operator, integrated with the web portal in which the potential suppliers conforming to the requirements determined by authorized body place information on goods and their prices.
4. Other concepts used in these rules are applied according to the current legislation of the Republic of Kazakhstan.
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 21 these rules.
6. The annual plan of public procurements is developed and affirms the customer based on the relevant budget (development plan), the allocated money from Fund of support of infrastructure of education according to the legislation of the Republic of Kazakhstan, or 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.
8. 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).
9. 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).
10. 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.
11. 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.
12. Public procurements of goods on which the decision of the Government of the Republic of Kazakhstan according to the order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1178 "About approval of Rules of establishment of withdrawals from national treatment when implementing public procurements" establishes withdrawals from national treatment are performed among the physical persons and legal entities which are in the register of domestic manufacturers of goods, works and services or representatives (distributors or dealers) of producers of vehicles and agricultural machinery.
The document confirming production of goods by the potential supplier who is in the register of domestic manufacturers of goods, works and services is the Industrial certificate issued by National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken.
Compliance of the potential supplier to requirements imposed in this Item is determined by the web portal automatically on the basis of data of authorized body in the sphere of industrial development and (or) National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken.
In case of recognition of public procurements cancelled in view of lack of the submitted requests, such public procurements are conducted by the competitive methods determined by article 13 of the Law among all potential suppliers.
13. 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).
14. According to item 4 of article 5 of the Law approval (refining) of the annual plan of public procurements in the amount which is not corresponding to the budget (development plan), the allocated money from Fund of support of infrastructure of education according to the legislation of the Republic of Kazakhstan or to individual funding 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.
15. 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.
16. 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.
17. 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.
18. The requirement of Item 17 of these rules 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;
7) implementation of public procurements by the allocated money from Fund of support of infrastructure of education according to the legislation of the Republic of Kazakhstan.
19. 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.
20. 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.
21. 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.
22. 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.
23. The customer to the conclusion of the agreement, according to Item 13 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.
24. The customer, the organizer, or the single operator within five working days from the date of the decision making specified in Item 23 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).
24-1. The public procurements financed by fund of support of infrastructure of education according to the legislation of the Republic of Kazakhstan are implemented with observance of requirements of article 5 of the Law.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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 administrator of the budget program according to part two of Item 5 of article 7 of the Law has the right for several legal entities concerning whom he acts as state body, departments and the subordinated organizations to determine among them the organizer of public procurements.
The state company according to part three of Item 5 of article 7 of the Law 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, according to part four of Item 5 of article 7 of the Law has the right to act as the organizer of public procurements for persons, affiliirovanny with it.
31. 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.
32. Centralized public procurements are conducted by single organizers.
33. The authorized body determines inventories, works, services on which public procurements are conducted by single organizers.
34. The single organizer conducts centralized public procurements:
1) according to the inventory, works, services determined by authorized body;
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).
35. According to Item 1 of article 9 of the Law the following qualification requirements are imposed to potential suppliers:
1) to have legal capacity (for legal entities), civil capacity to act (for physical persons);
2) to be financially steady and not to have the tax debt exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.
Financial stability of the potential supplier is determined according to the procedure, determined by these rules;
3) not to be subject to insolvency proceeding or liquidation;
4) to have the material, labor and financial resources sufficient for obligation fulfillment under the agreement;
5) experience of work (except as specified when subject of public procurements availability of the license and (or) permission at the potential supplier is recognized).
36. The qualification requirements provided by the subitem 2) regarding possession of financial stability, 4) and 5) of Item 35 of these rules do not extend to subcontractors (collaborators).
37. Legal capacity of the potential supplier performing types of activity on occupation which receipt of permission, the direction of the notification is necessary proves to be true by means of information systems of state bodies according to the legislation of the Republic of Kazakhstan on informatization.
38. In case of lack of data in information systems of state bodies the potential supplier represents notarially attested or electronic copy of the corresponding permission (notification) got (directed) according to the legislation of the Republic of Kazakhstan.
39. Establishment of requirements for permission availability (the direction of the notification) and (or) subspecies of such allowing document which directly do not follow from need of accomplishment of agreement obligations is not allowed.
40. The qualification requirement in the form of financial stability of the potential supplier is imposed to the potential suppliers participating in public procurements:
1) goods if the allocated amount of the corresponding public procurement (lot) exceeds the chetyretysyachekratny size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;
2) works if the allocated amount of the corresponding public procurement (lot) exceeds the twenty-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;
3) services if the allocated amount of the corresponding public procurement (lot) exceeds the eight-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.
41. The qualification requirement in the form of financial stability of the potential supplier is imposed regardless of the allocated amount of public procurement (lot), in cases of implementation of public procurements:
1) works on development of the feasibility statement, project and estimate (standard project and estimate) documentation and town-planning projects;
2) works on complex non-departmental examination of construction projects of objects;
3) engineering services in technical supervision and (or) project management;
4) goods, works, services which public procurements are conducted according to the standard competitive (auction) documentation developed and approved according to the subitem 7) of article 16 of the Law.
42. The qualification requirement in the form of financial stability of the potential supplier does not extend to the potential suppliers participating in public procurements according to article 51 of the Law and also to potential suppliers in case of acquisition at them of goods and services for providing persons with disability according to the individual program of abilitation and rehabilitation of persons with disability with the prosthetic and orthopedic help, technical supportive (compensatory) means, special vehicles and services according to the qualifier of technical supportive (compensatory) means, special vehicles and the services provided to persons with disability, approved by the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 30, 2023 No. 284 "About approval of the Qualifier of technical supportive (compensatory) means, special vehicles and the services provided to persons with disability" (it is registered in the Register of state registration of regulatory legal acts at No. 32984).
43. Financial stability of the potential supplier is determined by the web portal automatically based on the following data of bodies of state revenues:
1) income;
2) the paid taxes;
3) fixed assets;
4) salary fund.
44. The potential supplier is recognized financially steady if he corresponds in total to the following conditions:
1) the income of the potential supplier in three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least one second part of the amount allocated for implementation of public procurement;
2) the indicator of the paid taxes in three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least three percent from the income of the potential supplier.
Date of the paid taxes calendar year in which the tax is paid is considered.
For the purposes of these rules measure calculation of the paid taxes is determined according to data of information systems of bodies of state revenues on the following formula:
PUN = UN / SD x 100%,
where:
PUN – indicator of the paid taxes;
UN – the amount of the paid taxes during the calculated three-year period;
SD – income amount of the potential supplier for the calculated three-year period;
3) the cost of fixed assets of the potential supplier in three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least one fifteenth part of the amount allocated for implementation of public procurement, but no more chetyrestatysyachekratny size of the monthly settlement indicator established for the corresponding financial year;
4) the salary fund of workers of the potential supplier in three years preceding previous year according to data of information systems of bodies of state revenues constitute at least one fifteenth part of the amount allocated for implementation of public procurement.
45. The potential supplier participating in public procurements of goods is recognized financially steady if he corresponds in total to the conditions provided in subitems 1) and 2) of Item 44 of these rules.
46. The potential supplier participating in public procurements on retail and wholesale of fuels and lubricants and also the potential supplier who signed the agreement on industrial assembly of vehicles and (or) agricultural machinery with authorized body in the field of the state support of industrial activities are recognized financially steady if their indicator of the paid taxes calculated according to the subitem 2) of Item 44 of these rules constitutes at least one percent from its income.
47. The potential supplier participating in public procurements of services is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 44 of these rules.
47-1. The potential supplier performing activities of the insurance (reinsurance) organization with participation in public procurements of services in insurance services is recognized financially steady if he corresponds in total to the conditions provided in subitems 1) and 4) of Item 44 of these rules.
48. The potential supplier participating in public procurements of services in financial leasing is recognized financially steady if it corresponds in total to the conditions provided in subitems 1) and 4) of Item 44 of these rules.
49. The potential supplier belonging to small business entity and participating in public procurements of works is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 44 of these rules.
50. The potential supplier participating in public procurements of works on development of the feasibility statement, project and estimate (standard project and estimate) documentation and town-planning projects, and also works on complex non-departmental examination of construction projects of objects is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 44 of these rules.
51. The potential suppliers applying special tax regime and recognized by subjects of microentrepreneurship or small business tax-exempt according to article 57-4 of the Law of the Republic of Kazakhstan "About enforcement of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code)" (further – the Law on enforcement of the Tax code) for the period from January 1, 2020 to January 1, 2023, are recognized financially steady if their indicator of the paid taxes calculated according to the subitem 2) of Item 44 of these rules constitutes at least three percent from its income.
At the same time for the period releases of the above-stated persons from tax payment, the amount of the estimated tax is considered as payment in case of measure calculation of the paid taxes.
The list of such persons is determined by the web portal automatically on the basis of data of bodies of state revenues.
51-1. The qualification requirement in the form of financial stability of the potential supplier participating in public procurements by method from one source by the direct conclusion of the agreement is determined by the customer with respect for the principles of implementation of public procurements, the stipulated in Article 4 Laws.
At the same time the potential supplier participating in public procurements by method from one source by the direct conclusion of the agreement is recognized financially steady if it corresponds to the conditions provided in the subitem 1) of Item 44 of these rules.
52. Data of bodies of state revenues, are updated on the web portal for the last calculated year of the three-year period once within calendar year no later than the October 1 preceding year of data application of data, except as specified associations on the web portal of indicators of financial stability of the reorganized legal entity (legal successor) by merge, accession.
At the same time, updating of indicators of financial stability of the reorganized legal entity (legal successor) is performed on condition of compliance of core activity of the reorganized legal entities within three years preceding previous year at the first level (section) of structure of the general qualifier of types of economic activity.
Data of bodies of state revenues of such reorganized legal entity (legal successor) are updated on the web portal based on the address of the potential supplier.
53. In cases of identification by bodies of state revenues of the facts of decrease, and also misstatement and (or) not reflection of indicators of financial stability, attracting their overestimate, including by submission by potential suppliers of additional forms of tax statements and (or) withdrawal of tax declarations, authorized body:
Adjusts 1) on the web portal of the data on such potential suppliers according to actual data of bodies of state revenues, except as specified their overestimate;
2) does not display on the web portal indicators of financial stability of such potential suppliers before elimination of violation according to notifications of bodies of state revenues on elimination of the violations of the tax legislation attracting unreasonable overestimate of indicators of financial stability, three years revealed by results of cameral control for the period preceding previous year;
3) in cases, the stipulated in Article 11 Laws takes measures for inclusion of such potential suppliers in the register of unfair participants of public procurements.
54. The tax debt and debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments in the amount of, exceeding sixfold monthly settlement indicator established for the corresponding financial year by the law on the republican budget is determined by the web portal automatically based on data of bodies of state revenues.
55. Compliance of the potential supplier to qualification requirement regarding his non-participation in insolvency proceeding or liquidation, is determined by means of information placed on Internet resource of the authorized body exercising control of carrying out insolvency proceedings or liquidation.
56. Material and the manpower necessary for execution of contractual commitments within public procurements by method of tender and auction are specified in qualification requirements according to the applications installed by these rules.
57. When implementing public procurements of works in the sphere of 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, 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.
58. The potential suppliers having the corresponding permission (notification) to installation and construction works and participating in public procurements of the works which are not connected with construction (the running or average repair, restoration, reekspozition of the existing objects, improvement, arrangement) confirm possession material and manpower with the corresponding permission (license) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications.
At the same time, types and subspecies of the corresponding permission (license) for installation and construction works are similar (similar) to subject of the carried-out public procurements.
If subject of public procurements are the works which are not connected with construction (the work which are not connected with the running or average repair, restoration, reekspozitsiy the existing objects, improvement, arrangement), the potential supplier confirms possession material and manpower according to the procedure, determined by these rules.
59. To the potential suppliers participating in public procurements of goods the qualification requirement regarding possession material and manpower is not shown.
The qualification requirement regarding possession material and manpower when implementing public procurements of separate goods, works, services is provided in the standard tender documentation (auction documentation) developed and article 16 of the Law approved according to the subitem 7).
59-1. If subject of tender (lot) are engineering services in technical supervision and (or) project management possession material and manpower is confirmed by the corresponding permission (notification) issued to the legal entities performing engineering services in technical supervision and (or) project management according to the legislation of the Republic of Kazakhstan on permissions and notifications.
59-2. It is excluded according to the Order of the Deputy prime minister - the Minister of Finance of the Republic of Kazakhstan of 07.12.2023 No. 1263
60. According to Item 2 of article 9 of the Law, establishment of qualification requirements regarding possession material and manpower which is not allowed:
1) are limited and unreasonably complicate participation of potential suppliers in public procurements;
2) directly do not follow from need of accomplishment of agreement obligations about public procurements.
61. If the tender documentation contains the requirement for availability of material resources, the document confirming the right of lease of material resources is the electronic copy of the lease agreement or the electronic copy of the provisional agreement of lease. At the same time, the lease term under agreements constitutes at least timeline for delivery of services, established in the tender documentation.
62. Submission of the electronic copy of the agreement of the sublease of material resources is not allowed.
63. In case of availability of the requirement for years of service, the document confirming the worker's years of service is the electronic copy of the statement from the single accumulation pension fund about the listed compulsory pension contributions or data from the State Social Insurance Fund on the made social assignments and one of the documents provided by subitems 1), 2), 3), 4), 5) and 8) of Article 35 of the Labor code of the Republic of Kazakhstan.
At the same time the years of service of the worker are considered over the last ten years.
64. The qualification requirement regarding experience of work of the potential supplier in the market of the purchased goods, works, services, including in similar (similar) types of goods, works, services can be established in tender (auction) documentation taking into account the requirements established by these rules.
65. If on implementation of public procurements of works and services availability of the corresponding permission of the first or second category according to the legislation of the Republic of Kazakhstan on permissions and notifications is required, the qualification requirement on experience of work is not imposed.
66. Qualification requirement regarding experience of work of the potential supplier in the market of the purchased services, including in similar (similar) types of service taking into account requirements of Item 65 of these rules if necessary are established according to the list, according to appendix 2 to these rules.
67. The qualification requirement regarding experience of work is not imposed to the potential suppliers participating in public procurements of goods.
68. Qualification requirement regarding experience of work of the potential supplier in the market of the purchased works and services, including in similar (similar) work types and services taking into account requirements of Item 65 of these rules if necessary are established in the tender documentation (auction documentation), according to the following criteria:
1) one year if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the twenty-five-thousandfold size of the monthly settlement indicator established for the corresponding financial year;
2) two years if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;
3) three years if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year;
4) four years if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the hundred-fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;
5) five years if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the two hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year.
69. The standard tender (auction) documentation developed and approved according to the subitem 7) of article 16 of the Law can provide other procedure for establishment of qualification requirement regarding experience of work of the potential supplier.
70. Public procurements of goods from the electronic catalog of goods are conducted according to the inventory approved by authorized body.
71. When implementing public procurements of the goods included in the inventory on which public procurements are conducted from the electronic catalog the technical specification offered by the potential supplier, the goods offered them is created of the electronic catalog on form according to appendix 3 to these rules.
72. When forming the request of the potential supplier the technical specification of the goods offered them is created of the electronic catalog on public procurements by methods of tender, auction, request of price offers, electronic shop and of one source by the direct conclusion of the agreement.
73. The price of the bid of the potential supplier of works is recognized dumping if it the low price specified in the feasibility statement (for development of the design estimates) and the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan more than for two percent.
73-1. The price of the bid of the potential supplier of works on average repair of highways is recognized dumping if it the low price specified to technical documentation, more than five percent.
74. The price of the bid of the potential supplier of works on development of the feasibility statement, project and estimate (standard project and estimate) documentation and town-planning projects is recognized dumping if it the low price calculated by the customer according to the regulating document on pricing in construction approved by the order of the Chairman of Committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan of December 1, 2022 No. 223-nk "Procedure for determination of estimated cost of construction in the Republic of Kazakhstan", more than for ten percent.
75. The price of the bid of the potential supplier (the accredited expert organization) of works on complex non-departmental examination of construction projects of objects is recognized dumping if it is lower than the cost established according to the Rules of cost determination of works on carrying out complex non-departmental examination of construction projects of objects, and also complex town-planning examination of projects of town-planning planning of the territories of various level approved by the order of the acting minister of national economy of the Republic of Kazakhstan of December 21, 2015 No. 780 (it is registered in the Register of state registration of regulatory legal acts at No. 12681).
76. The price of the bid of the potential supplier of rendering engineering services is recognized dumping the sphere of architectural, town-planning and construction activities (technical and author's supervisions, project management) if it the low price calculated according to the approved state standard rates, more than for ten percent.
76-1. The price of the bid of the potential supplier of rendering the services provided by the state social order is recognized dumping if it the low price allocated for tender more than for ten percent.
77. The price of the bid of the potential supplier of goods, works (except for the works provided in Items 73, 73-1, 74 and 75 of these rules), services (except for the services provided by Items 76 and 76-1 of these rules), is recognized dumping if it the low price allocated for tender more than for twenty percent.
78. Representation of dumping price on public procurements of goods, works, services, stipulated in Item 77 these rules on condition of introduction by the potential supplier in addition to ensuring agreement performance of the amount in the amount of equal to the reduced amount from the minimum admissible price which is not recognized dumping is allowed.
79. In the cases provided by Items 73 – 76-1 these rules dumping prices are not represented.
79-1. Requirements of Items 73, of 74, of 75, of 76, of 77, of 78 and 79 these rules are not applied when implementing public procurements by tender method with use of the framework agreements.
80. The price proposal of the potential supplier participating in public procurements by method of request of price offers is recognized dumping if it is more than thirty percent lower than the arithmetic-mean price of all provided price offers.
Such price offer according to article 26 of the Law is subject to variation the web portal automatically.
81. The price proposal of the potential supplier on goods placed in electronic shop is recognized dumping if it is more than fifty percent lower than the arithmetic-mean price of all price proposals of the potential suppliers who placed information on the specified goods.
Such price offer according to article 26 of the Law is subject to variation electronic shop automatically.
82. In case of participation in public procurements of temporary associations legal entities (consortium), the legal entities who are members of this consortium in addition to the documents established by these rules for confirmation of the qualification requirements represent the following electronic copies of documents or electronic documents:
1) the agreement on joint economic activity signed between members of legal entities (the konsortsialny agreement);
2) licenses for the right of provision of goods, performance of works, rendering services regarding the activities provided by the agreement on joint economic activity.
In case of participation of consortium in tender calculation of the criteria influencing the competitive price offer is applied to the main member of the consortium determined by the konsortsialny agreement.
At the same time the agreement is signed with the member of consortium to whom the criteria influencing the competitive price offer are applied.
83. All members of consortium need to conform to the qualification requirements provided by subitems 1), 2) and 3) of Item 1 of article 9 of the Law and also not to have restrictions, the stipulated in Article 6 Laws.
84. The consortium is recognized to the conforming qualification requirements, regarding possession corresponding material and manpower, and also possession of legal capacity on implementation of separate types of activity on which occupation receipt of permission, according to the legislation of the Republic of Kazakhstan on permissions and notifications, in case of compliance to the specified requirements of one or several members of consortium is necessary.
At the same time, legal capacity of the main member of consortium on implementation of separate types of activity on which occupation receipt of permission is necessary according to the legislation of the Republic of Kazakhstan on permissions and notifications corresponds to subject of the carried-out public procurements.
85. The consortium is recognized to conforming qualification requirement provided by the subitem 5) of Item 1 of article 9 of the Law, in case of compliance to the specified requirement of the main member of consortium.
86. The electronic depositary is created on the web portal according to the inventory, works, services, according to appendix 4 to these rules, 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.
87. The electronic depositary is created by department of authorized body and its territorial subdivisions based on the data and documents confirming work experience to installation and construction works and works on designing, according to appendix 5 to these rules and on engineering services in technical supervision, according to appendix 5-1 to these rules, brought by potential suppliers by means of the web portal.
88. The electronic depositary is created by confirmation of reliability of the data and documents confirming work experience of the potential suppliers brought in electronic depositary.
89. The data and documents confirming work experience of the potential supplier are introduced in electronic depositary by department of authorized body and its territorial subdivisions after confirmation of their reliability.
Requests of potential suppliers about entering into electronic depositary of data and documents, are created by the potential supplier and move by means of the web portal.
Such requests of potential suppliers are considered by department of authorized body and its territorial subdivisions within ten working days.
90. For the purpose of confirmation of reliability of the data and documents confirming work experience, the potential supplier addresses to the relevant state bodies, according to the procedure, determined by these rules.
91. Requests of potential suppliers about entering into electronic depositary of the data and documents confirming work experience on installation and construction works over the last ten years including for the current year, on the objects financed by budgetary funds, department of authorized body and its territorial subdivisions are considered taking into account the following requirements:
1) reliability of the data and documents confirming work experience of the potential supplier as the prime contractor is determined on the basis of these bodies of treasury;
2) reliability of the data and documents confirming work experience of the potential supplier as subcontractor is determined on the basis of the data and documents confirming work experience of the potential supplier having work experience in quality of the prime contractor with the status "Is confirmed" and (or) according to the subitem 1) of Item 92 of these rules;
3) compliance of the documents confirming work experience of the potential supplier to requirements of Item 253 of these rules.
91-1. Requests of potential suppliers about entering into electronic depositary of the data and documents confirming work experience on installation and construction works over the last ten years including for the current year on objects where customers are subjects of the quasi-public sector, department of authorized body and its territorial subdivisions, are considered taking into account the following conditions:
1) the data and documents confirming work experience of the potential supplier prove to be true:
the customer (in case of reorganization – the customer's legal successor);
the body exercising the state architectural Construction supervision.
Confirmation is performed by the above-stated bodies and persons based on addresses of the potential suppliers provided by means of the web portal with use of the digital signature;
2) compliance of the documents confirming work experience of the potential supplier to requirements of Item 253 of these rules.
92. Requests of potential suppliers about entering into electronic depositary of the data and documents confirming work experience on installation and construction works over the last ten years including for the current year on the objects financed by extrabudgetary funds by department of authorized body and its territorial subdivisions are considered taking into account the following conditions:
1) the data and documents confirming work experience of the potential supplier prove to be true:
the body exercising the state architectural construction supervision and (or) the body performing functions in the field of architecture and town planning. At the same time, such confirmation is performed based on addresses of potential suppliers, from the above-stated bodies provided by means of the web portal;
information system of the state expert organization or letters of the accredited expert organizations provided by means of the web portal from such expert organizations based on addresses of potential suppliers;
2) compliance of the documents confirming work experience of the potential supplier to requirements of Item 253 of these rules.
93. Reliability of the data and documents confirming work experience of the potential supplier on designing over the last ten years including for the current year, are confirmed by positive expert opinions of complex non-departmental project appraisal of construction.
Reliability of the positive expert opinion of complex non-departmental examination issued by the state expert organization is confirmed by department of authorized body and its territorial subdivisions on the basis of data of information system of the state expert organization.
At the same time, in case of lack of data in information systems of the state expert organization, reliability of the positive expert opinion of complex non-departmental examination issued by the state expert organization is confirmed by letters the state expert organization, such expert organizations provided by means of the web portal with use of the digital signature based on addresses of potential suppliers.
Reliability of other positive expert opinions of complex non-departmental examination, are confirmed by letters of the accredited expert organizations provided by means of the web portal with use of the digital signature of such expert organizations based on addresses of potential suppliers.
93-1. Reliability of the data and documents confirming work experience of the potential supplier on engineering services in technical supervision of installation and construction works for the last five years are confirmed by the documents provided by part two of Item 280 of these rules, and also according to the procedure, provided by Items 91, of 91-1 and 92 these rules.
94. If the name of the construction object specified in the acceptance act of objects in operation provides several types of functional purpose, such work experience of the potential supplier is brought in electronic depositary separately by each type of functional purpose.
The work experience of the potential supplier on designing is brought in electronic depositary separately by each type of functional purpose if the name of the object specified in the positive conclusion of complex non-departmental examination provides several types of functional purpose.
94-1. The request of the potential supplier about entering into electronic depositary of the data and documents confirming the work experience got as a result of reorganization by merge accessions and transformations is considered by department of authorized body and its territorial subdivisions, after updating (consolidation) on the web portal of indicators of financial stability of the reorganized legal entities.
95. Department of authorized body and its territorial subdivisions consider requests of potential suppliers taking into account compliance of the completed data to supporting documents.
96. By results of consideration of requests of potential suppliers about confirmation of reliability of the data and documents confirming its work experience, introduced in electronic depositary by means of the web portal one of the following decisions by each work experience of the potential supplier is accepted:
1) about confirmation which is accepted in cases of compliance of data and documents to the requirements provided in Items 91 - 93 these rules;
2) about refusal in confirmation which is accepted in the following cases:
factual determinations of provision by the potential supplier of unreliable information according to the documents confirming work experience;
discrepancies of data and documents to the requirements provided in Items 91 - 93 these rules.
97. The data and documents confirming work experience of the potential supplier are introduced in electronic depositary with the status "Is confirmed" in case of the decision making provided by the subitem 1) of Item 96 of these rules.
98. In case of provision by potential suppliers of unreliable information according to the documents confirming work experience of the potential supplier established when forming and maintaining electronic depositary department of authorized body and its territorial subdivisions no later than thirty calendar days from the date of when they knew of such fact appeal with the claim to court for recognition of such potential supplier by the unfair participant of public procurements.
99. Adjustment of the data entered in electronic depositary, including the data with the status "Is confirmed" it is performed in case of discrepancy of the data completed in electronic depositary to the submitted documents confirming work experience in part:
construction type;
years of completion of works according to date of the acceptance act of object in operation;
status of the supplier;
level of responsibility of buildings and constructions;
technical complexity of objects;
functional purpose of objects;
subspecies of the licensed types of activity;
Such adjustment is performed on basis:
independently revealed department of authorized body and its territorial subdivisions of the specified discrepancies;
requests of organizers, single organizers;
claims of potential suppliers;
requests of bodies of internal state audit following the results of consideration of claims and objections according to the procedure of article 47 of the Law and Chapter 11-1 of the Law of the Republic of Kazakhstan "About the state audit and financial control" (further – the Law on the state audit and financial control), including on the basis of data and documents submitted by the customer, the organizer, the single organizer, the potential supplier;
the court resolutions which took legal effect.
At the same time, the web portal automatically notifies the potential supplier whose data are subject to adjustment.
In case of disagreement with the request of bodies of internal state audit about adjustment, the potential supplier by means of the web portal gives the reasoned reasons with appendix of supporting documents.
In case of disagreement with the request or the claim about adjustment and also revealed by department of authorized body and its territorial subdivisions of discrepancies, the potential supplier by means of the web portal gives the reasoned reasons with appendix of supporting documents.
Adjustment is performed by department of authorized body and its territorial subdivisions within ten working days from the date of receipt of applications (claims) submitted by means of the web portal.
100. Department of authorized body and its territorial subdivisions consider requests of potential suppliers about adjustment of the data entered in electronic depositary within the declared adjustments.
101. By results of consideration of requests of potential suppliers about adjustments of the data entered in electronic depositary by means of the web portal one of the following decisions by each work experience of the potential supplier is accepted:
1) about adjustment confirmation which is accepted in case of compliance of the offered adjustments specified in the request of the potential supplier to requirements of Rules of determination of general procedure for reference of buildings and constructions to technically and (or) technologically difficult objects approved by the order of the Minister of national economy of the Republic of Kazakhstan of February 28, 2015 No. 165 (it is registered in the Register of state registration of regulatory legal acts at No. 10666) (further - Rules of determination of general procedure for reference of buildings and constructions to technically and (or) technologically difficult objects);
2) about refusal in adjustment confirmation which is accepted in case of discrepancy of the offered adjustments specified in the request of the potential supplier to requirements of Rules of determination of general procedure for reference of buildings and constructions to technically and (or) technologically difficult objects.
102. The decisions provided in Items 96 and 101 of these rules are appealed judicially according to the legislation of the Republic of Kazakhstan.
103. Blocking of the data and documents confirming work experience of the potential supplier, containing in electronic depositary, including the data with the status "Is confirmed" it is performed by department of authorized body in establishment cases:
1) the fact of provision of unreliable information according to the documents confirming work experience of the potential supplier;
2) the fact of duplications of the data and documents on object confirming work experience of the potential supplier.
104. Blocking of the data and documents confirming work experience of the potential supplier, containing in electronic depositary is performed by department of authorized body within five working days from the date of receipt of the requests for blocking directed by means of the web portal with appendix of supporting documents:
1) in the cases provided by the subitem 1) of Item 103 of these rules bodies of internal state audit including on the basis of data and documents submitted by the customer, the organizer, the single organizer, the potential supplier at any stage of implementation of public procurements;
2) in the cases provided by the subitem 2) of Item 103 of these rules department of authorized body including on basis:
requests of organizers, single organizers;
claims of potential suppliers;
requests of bodies of internal state audit following the results of consideration of claims and objections according to the procedure of article 47 of the Law and Chapter 11-1 of the Law on the state audit and financial control.
105. The requests for blocking of the data and documents confirming work experience of the potential supplier, containing in electronic depositary without documents confirming the facts of unreliable information and duplication of data on object are rejected by department of authorized body with indication of the reasoned reasons.
106. The unblocking of the data and documents confirming work experience of the potential supplier, containing in electronic depositary is performed by department of authorized body based on the judgments which took legal effect about recognition of the blocked data and documents reliable.
107. Department of authorized body within five working days from the date of inclusion of the potential supplier or the supplier in the register of unfair participants of public procurements because of factual determination of provision of unreliable information by it according to the data and documents which are in electronic depositary expels such data and documents from electronic depositary.
108. The organization and carrying out tender, 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 tender or representation by the customer to the single organizer of task for the organization and carrying out tender;
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 tender;
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 tender implementation, 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.
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.
109. 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 115 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 115 these rules;
3) determination and statement of the contest committee by the single organizer of structure.
In the case provided by the subitem 1) of Item 34 of these rules in structure of the contest committee determined and approved by the single organizer also customer representatives enter;
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 case provided by the subitem 1) of Item 34 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 and (or) the technical specification of the tender documentation;
7) determination of the winner of tender;
8) the conclusion the customer of the contract with the winner based on the protocol on results of public procurements according to the procedure, established by these rules.
110. 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.
111. 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.
112. 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.
113. When implementing public procurements of the works requiring the design estimates, the tender documentation according to subitem part three 2) of Item 2 of article 21 of the Law, shall contain the technical specification approved in accordance with the established procedure the design estimates and its positive conclusion of complex non-departmental examination. 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;
114. 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.
115. In the case provided by the subitem 1) of Item 34 of these rules, the organization and carrying out 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 project of qualification requirements, the technical specification, the 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, the tender documentation contains the draft of the technical specification, the design estimates approved in accordance with the established procedure and its positive conclusion of complex non-departmental examination. 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.
116. In the case provided by the subitem 2) of Item 34 of these rules, the organization and carrying out 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 project of the qualification requirements imposed to potential suppliers and the draft of the technical specification with indication of required functional, technical, quality and operational characteristics of the purchased goods, works, services.
117. For performing procedures of the organization and carrying out tender the organizer, the single organizer on each tender separately approves the contest committee and determines the secretary of the contest committee.
118. 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.
119. 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.
120. 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.
121. 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.
122. 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.
122-1. The organizer of public procurements 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 in the technical specification which is integral part of the tender documentation.
Under the organization and carrying out the centralized public procurements provided by the subitem 1) of Item 3 of article 8 of the Law, the customer 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 in the technical specification which is integral part of the tender documentation.
Under the organization and carrying out the centralized public procurements provided by the subitem 2) of Item 3 of article 8 of the Law, the single organizer of public procurements 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 in the technical specification which is integral part of the tender documentation.
The expert is not person:
1) interested in results of procedures of public procurements;
2) connected by employment relationships with the customer, the organizer of public procurements, the single organizer of public procurements or their subordinated, affiliated and dependent organizations, or potential suppliers;
3) being the close relative, the spouse (spouse) or the cousin-in-law of the first heads of the customer, the organizer of public procurements, the single organizer of public procurements or their subordinated, affiliated and dependent organizations.
In the absence of the experts conforming to the requirements established by part three of this Item, the organizer of public procurements or the customer attract government employees of the corresponding profile in coordination with the employer as experts, or other specialists whose specialization corresponds to the purchased goods, works, services.
Government employees are involved as the experts on a grant basis, and other specialists are attracted as on paid, and on a grant basis by agreement of the parties.
Experts do not vote in case of adoption of the decision by the contest committee.
The choice of persons involved as the experts on paid basis is performed according to the Law.
123. 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.
124. For the purpose of realization of the powers members of public councils take part in the contest committees of the relevant state body.
125. In case, stipulated in Item 25 these rules, the chairman of the contest committee determines the official not below the deputy first head of the customer.
126. In the cases provided by Items 27, 29 and part two of Item 30 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.
127. In the cases provided by Items 26, 28 and part one of Item 30 of these rules, the chairman of the contest committee determines 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.
128. When implementing centralized public procurements by the chairman of the contest committee (the auction commission) the first head of the single organizer or person fulfilling its duties or his deputy is determined.
129. 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.
130. 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 single organizer.
131. It is excluded according to the Order of the Deputy prime minister - the Minister of Finance of the Republic of Kazakhstan of 09.06.2022 No. 570
132. It is excluded according to the Order of the Deputy prime minister - the Minister of Finance of the Republic of Kazakhstan of 09.06.2022 No. 570
133. Chairman of the contest committee:
1) directs activities of the contest committee;
2) performs other functions provided by these rules.
134. 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.
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The document ceased to be valid since January 1, 2025 according to Item 2 of the Order of the Minister of Finance of the Republic of Kazakhstan of October 9, 2024 No. 687