I.O'S ORDER. MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2015 No. 717

About approval of Rules of catering services of students in the organizations of secondary education and purchase of goods connected with providing food of the children who are brought up and studying in the preschool organizations of education, the organizations of education for orphan children and children without parental support

According to Item 4-1 of article 8 of the Law of the Republic of Kazakhstan of July 27, 2007 "About education" PRIKAZYVAYU:

1. Approve:

1) Rules of catering services of students in the organizations of secondary education according to appendix 1 to this order;

2) Rules of purchase of goods, the children connected with providing food who are brought up and studying in the preschool organizations of education, the organizations of education for orphan children and children without parental support according to appendix 2 to this order.

2. Declare invalid the order of the Minister of Education and Science of the Republic of Kazakhstan of January 20, 2015 No. 20 "About approval of Rules of catering services of students in the organizations of secondary education" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan under No. 10294 of February 19, 2015 published in information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let of March 3, 2015).

3. To committee on protection of the rights of children of the Ministry of Education and Science of the Republic of Kazakhstan (Makenova A. M.) in the procedure established by the legislation to provide:

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 in information system of law of Ad_let;

3) placement of this order on official Internet resource of the Ministry of Education and Science of the Republic of Kazakhstan.

4. To impose control of execution of this order on the vice-Minister of Education and Science of the Republic of Kazakhstan Imangaliyev E. N.

5. This order becomes effective after twenty one calendar days after day of the first official publication.

It is approved Minister of Finance of the Republic of Kazakhstan "__" ________ 2015

_______________ B. Sultanov

It is approved Acting minister of national economy of the Republic of Kazakhstan "__" __________ 2015

_________________ M. Kusainov

Appendix 1

to the Order of the acting minister of science and education of the Republic of Kazakhstan of December 31, 2015 No. 717

Rules of catering services of students in the organizations of secondary education

1. General provisions

1. These rules of catering services of students in the organizations of secondary education (further – Rules) establish procedure for catering services, and also acquisition of services or goods on catering services of students in the organizations of education realizing general education programs of primary, main secondary and general secondary education, specialized general education and special training programs (further – the organizations of secondary education) provided to students on paid and free basis.

2. Tasks of catering services are:

providing students with balanced diet;

guaranteeing quality and safety of the foodstuff used in preparation of dishes;

observance of the Health regulations "Sanitary and epidemiologic requirements to objects of education" approved by the order of the Minister of national economy of the Republic of Kazakhstan of December 29, 2014 No. 179, registered in the Register of state registration of the regulatory legal acts for No. 10275 (further – Health regulations) directed to the prevention and prevention of food poisonings among students.

3. Catering services of students in the organizations of secondary education are performed by suppliers of service, being the legal entities or physical persons specializing in rendering services of public catering.

4. In Rules the following concepts are used:

1) the potential supplier – the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), the service provision agreements applying for the conclusion or contracts of delivery of goods;

2) catering services of students – creation of necessary conditions for rendering to students service in provision of food or purchase of goods on catering services during their stay in the organization of education;

3) Internet resource – the electronic information resource displayed in text, graphical, audiovisual or other type, placed on the hardware and software, having the unique network address and (or) domain name and functioning on the Internet;

4) the bid – the documents submitted by the potential supplier, constituted according to the tender documentation, confirming possession material, financial and manpower for rendering service or delivery of goods;

5) the contest committee – the collegiate organ created by the organizer of tender for carrying out tender;

6) the tender documentation – documents, bids submitted by the organizer of tender to the potential supplier for preparation, and the containing conditions and procedure for carrying out tender;

7) the procedure of the organization and carrying out tender – complex of the interconnected, consecutive actions performed by the organizer of tender according to these rules for the purpose of the conclusion with the potential supplier of the service provision agreement or delivery of goods;

8) the organizer of tender (customer) – the organization of secondary education or educational body in case the organization of secondary education does not keep independently financial accounting;

9) criteria of the choice of the supplier of service – signs based on which assessment of opportunities and conditions on rendering service by the potential supplier is made;

10) financial year – the period which is beginning on January 1 and coming to an end on December 31 the current year;

11) support of domestic manufacturers of services, goods – measures for creating favorable conditions for stimulation of development of national production of services, goods according to Item 1 of article 17 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015;

12) qualification requirements of the potential supplier – the list of the documents confirming possession material, financial and the manpower sufficient for obligation fulfillment according to the service provision agreement or deliveries of goods;

13) the supplier – the physical person performing business activity or the legal entity who signed the service provision agreement or deliveries of goods;

14) criteria of the choice of the supplier of goods - signs based on which assessment of opportunities and delivery conditions of goods the potential supplier is made;

15) purchase of goods – acquisition by the customer of goods according to the procedure, established by these rules;

16) balanced diet – the balanced food, taking into account physiological and age regulations of food;

17) the agreement – the civil service provision agreement or deliveries of goods concluded between the customer and the supplier.

2. Requirements to catering services of students in the organizations of secondary education

5. In the organizations of secondary education with the small contingent of students, combined class sets and with specific form of the organization of studies in the presence of necessary conditions to catering services according to Health regulations, in case of absence of the potential supplier of service following the results of tender, introduction of employees of catering departments (cooks, kitchen workers, storekeepers) at the expense of means of local budgets is allowed.

6. The administration of the organization of secondary education provides acceptance of the organizational management decisions aimed at providing students with balanced diet, the principles and sanitary and hygienic bases of healthy food, conducting consulting and explanatory work with parents (legal representatives) of students.

7. Food of students is performed in dining rooms and (or) in buffets of the organizations of secondary education according to the approved menu.

8. Methods of catering services of students in the organization of secondary education are:

catering services of students in the dining room using food staples taking into account storage, processing of foodstuff on catering department and realization of ready dishes and culinary products in the place of its production;

catering services of students in the buffets enabling the realization of ready dishes culinary and confectionery, except for cream confectionery;

the industrial catering services of students providing industrial production of the cooled or refrigerated culinary semifinished products of high degree of readiness, finished goods by the basic organizations of school food (plants of school food).

For support of domestic manufacturers of services, goods the organizer of tender provides in the specification of the requirement to potential suppliers about acquisition at least 80% (eighty percent) of food within catering services, at domestic manufacturers of services, goods.

9. The supplier of service in the course of rendering food service of students performs the specification to the tender documentation at the choice of the supplier of food service of students in the organization of secondary education.

10. The dishes and culinary products made for students, including raw materials and foodstuff, used in food of students, conditions of their delivery, the production technology meet the requirements of regulatory legal acts in the sphere of sanitary and epidemiologic wellbeing of the population and to hygienic standard rates according to Item 6 of article 144 of the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system".

11. In case of delivery of dishes from the basic organization of school food, to dining rooms and (or) buffets of the organizations of education according to Health regulations specialized reservoirs (thermal containers) providing preserving the corresponding temperature are used.

12. The diet of students affirms the head of the organization of secondary education.

13. Responsible for food in the organization of secondary education provides escort of students by class teachers, teachers to the room of the dining room.

14. Realization of finished culinary products and foodstuff is performed during all operating time of the dining room and (or) buffet and will come to the end not later than hour before the end of educational process.

Acquisition of food is performed according to food allowance of students and taking into account terms of their storage (validity).

15. Bodies and the organizations of secondary education create the heading "School Food" on Internet resource and provide systematic placement of information on catering services of students.

16. The supplier of service monthly provides to the head of the organization of secondary education the information on the used list of food for the students with application of documents certifying quality and safety of products.

17. According to Health regulations the educational body develops the single perspective menu taking into account seasonality, age features of students and approves with territorial subdivisions of department of state body in the sphere of sanitary and epidemiologic wellbeing of the population.

The menu of students is constituted according to requirements of regulatory legal acts in the sphere of sanitary and epidemiologic wellbeing of the population.

18. According to Health regulations the potential supplier approves the assortment list of products with territorial subdivision of department of state body in the sphere of sanitary and epidemiologic wellbeing of the population. In case of absence of the supplier of service the assortment list of products is approved by the organization of secondary education.

19. The head of the organization of secondary education according to the perspective menu daily approves the menu the forthcoming day and places it in the dining room, and in the place available to parents or legal representatives of students.

20. The daily menu is constituted by the supplier of service with indication of date, names of separate meals, the list of dishes and culinary products, data on amount of portions of ready dishes depending on age and other data.

The actual food allowance shall correspond to the approved perspective menu. Replacement of products according to Health regulations is allowed.

3. Plan of acquisition of services or goods

21. Based on the relevant budget the organizer of tender develops and approves the plan of acquisition of services or goods for form according to appendix 1 to these rules.

The plan of acquisition of services or goods affirms the organizer of tender within ten working days from the date of approval of the relevant budget.

22. The plan of acquisition of services or goods is created for financial year on the basis of the need for services or goods for ensuring activities and achievement of tasks and functions of the organizer of tender.

23. The organizer of tender within five working days from the date of approval of the plan of acquisition of services or goods places it on Internet resource of the organizer of tender or educational body in case of absence with the organizer of tender of own Internet resource and (or) in the periodic printing edition distributed to the territories of the corresponding administrative and territorial unit.

24. The decision on acquisition of services or goods is accepted by the organizer of tender based on the approved plan of acquisition of services or goods.

25. Modification and (or) amendments in the plan of acquisition of services or goods is allowed.

Modification and (or) amendments in the plan of acquisition of services or goods is performed in cases of modification and (or) amendments in the budget of the customer.

The organizer of tender within five working days from the date of decision making about modification and (or) amendments in the plan of acquisition of services or goods places the made changes and (or) additions on Internet resource of the organizer of tender or educational body in case of absence with the organizer of tender of own Internet resource and (or) in the periodic printing edition distributed to the territories of the corresponding administrative and territorial unit.

4. Procedure for the organization and carrying out tender at the choice of the supplier of service or goods on catering services of students in the organizations of secondary education

26. The organizer of tender performs the choice of the supplier of service or goods on catering services of students in the organizations of secondary education on competitive basis. If the organizer of tender is the educational body, the last holds competition with breakdown on lots on the organizations of education.

For support of domestic manufacturers of services, goods the organizer of tender provides in the specification of the requirement to potential suppliers about acquisition at least 80% (eighty percent) of food at domestic manufacturers of services, goods in case of the choice of the supplier of service or goods.

27. The procedure of the choice of the supplier of service or goods provides accomplishment by the organizer of tender of the following consecutive events:

1) approval of the tender documentation;

2) the notice the organizer of tender of potential suppliers about implementation of the procedure of the choice of the supplier by submission of the announcement which is placed on Internet resource of the organizer of tender and (or) educational body in case of absence at the organizer of tender of own Internet resource and (or) in the periodic printing edition distributed to the territories of the corresponding administrative and territorial unit;

3) forming and statement of structure of the contest committee;

4) documents acceptance on participation in tender at potential suppliers;

5) consideration of documents by the commission for determination of the potential suppliers who are conforming and (or) not conforming to requirements imposed to the supplier of service or goods;

6) conclusion of the service provision agreement or delivery of goods.

28. The contest committee consists of the chairman, the vice-chairman and members of the commission. The total quantity of members of the commission constitutes odd number, but at least seven people.

The contest committee in coordination representatives of the local executive bodies performing within the competence management in the sphere of management of state-owned property, territorial subdivisions of department of state body in the sphere of sanitary and epidemiologic wellbeing of the population, non-governmental organizations and the parent public are included.

If as the organizer of tender the educational body of the contest committee acts heads of the organizations of secondary education are included.

29. The chairman of the contest committee is the first head of the organization or educational body.

The commission chairman plans work and directs activities of the commission, presides over commission sessions and performs other functions provided by these rules. During absence of the chairman of its function the vice-chairman of the commission carries out.

30. The vice-chairman of the contest committee is the deputy manager of the organization of secondary education.

If the educational body acts as the organizer of tender, the vice-chairman of the commission is elected from among heads of the organizations of secondary education by open voting.

31. Organizational activities of the commission are provided with the secretary of the commission determined from among officials of the organization or educational body. The secretary of the commission is not member of the commission.

32. 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 service provision agreement or delivery of goods.

33. The meeting of the contest committee is competent if at it there are at least two thirds of members of the contest committee. In case of absence of one of members of the contest committee, in the minutes of the contest committee the reason of its absence is specified.

Consideration of applications for participation without carrying out commission session is not allowed.

34. The decision of the contest committee is made by open voting and deemed accepted if for it the majority of votes from total quantity of the members of the commission who are present at meeting is given. In case of equality of votes, accepted is considered the decision of members of the commission for which the commission chairman, in case of its absence, the vice-chairman of the commission voted.

In case of disagreement with the decision members of the commission submit to the chairman motivated objections in writing.

35. The decision of the commission is drawn up by the secretary of the commission in the form of the protocol, signed and is polistno initialed by the chairman, the vice-chairman and the present members of the commission.

The minutes of the commission contain the information about attendees, the absent members of the commission, the decision made on commission session with indication of poll (for, against).

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