RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 19, 2015 No. 237

About approval of Rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them

According to the subitem 75) "About National Bank of the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES: parts two of article 15 of the Law of the Republic of Kazakhstan of March 30, 1995

1. Approve the enclosed Rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them (further - Rules).

2. Declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2014 No. 260 "About approval of Rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan and legal entities concerning whom the National Bank of the Republic of Kazakhstan is founder (authorized body) or the shareholder" (registered in the Register of state registration of regulatory legal acts for No. 10243, published in the Kazakhstanskaya Pravda newspaper of February 21, 2015 No. 35 (27911)).

3. To administrative department (Nurpeisov D. K.) in the procedure established by the legislation to provide:

1) together with Legal support department (Dosmukhambetov N. M.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of this resolution on official publication in information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication.

4. To department of the international relations and public relations (Kazybayev A. K.) provide the direction of this resolution on official publication in periodic printing editions within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.

5. This resolution becomes effective after ten calendar days after day of its first official publication, except for the subitem 2) of Item 11, of the subitem 2) of Item part two 14, of the paragraph of the third subitem 1) of Item part two 16, of the paragraph of the third subitem 6) of Item 21, of Item 28, of the subitem 2) of Item 29, of Items 38, of 42, of the subitem 2) of Item 46, of Item part two 64, of Item part four 67, of the subitem 2) of Item 68, of the subitem 2) of Item 69, of Item 71, of the subitem 2) of Item 72, of the subitem 2) of Item 77, of the subitem 2) of Item 79, of the paragraph of the third subitem 1), the paragraph of the third subitem 4), the subitem 8) of Item 83, of Items 91, of 95, of the paragraph of the third subitem 2) of Item 100, of subitems 2), 6) Item 104, Items 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 162, 163, 164, 165, 166, 167, 168, 169, the paragraph of the eighth subitem 1) Item 176, Items 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 242, 243, 244, 245, 246, 247, 248, 249, 250, the subitem 2) Item parts one 263, parts four of Item 265 of Rules and appendices 3, 10, 11, 12, 13, 19, 25 to Rules which become effective since January 1, 2017.

6. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Galiyeva D. T.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of December 19, 2015 No. 237

Rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them

Chapter 1. General provisions

1. These rules of purchase of goods, works and services by National Bank of the Republic of Kazakhstan, its departments, the organizations entering into its structure and legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank of the Republic of Kazakhstan or are in its trust management, and legal entities, affiliirovanny with them (further - Rules), determine procedure for purchase of goods, works, services of central office by divisions, branches, representative office of National Bank of the Republic of Kazakhstan (further - National Bank), the departments, the organizations entering into structure of National Bank, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank or are in its trust management, and legal entities, affiliirovanny with them, except for:

1) acquisitions of services at physical persons in employment contracts;

2) acquisitions of services at the physical persons which are not subjects of business activity in services agreements;

3) purchases of goods, works, services necessary for implementation of monetary activities, and also activities for management of National fund of the Republic of Kazakhstan and pension assets of the single accumulation pension fund, except for purchases of goods, works, services necessary for implementation:

acceptance, storage, carrying out testing and examination of precious metals, gemstones and products from them, and also purchase of goods, the works, services necessary for implementation of the specified transactions;

production, purchase, sale, the redemption, storage, delivery, export, replacement, processing, packaging, exchange, retirement and destruction of banknotes and coins of national currency, acquisition of services in determination of their design, production of information materials about banknotes and coins of national currency before their release into the stream of commerce, and also the purchase of goods, works, services necessary for implementation of the listed transactions;

functioning of life support systems (security, disturbing and fire alarm, fire extinguishing, communication, access control, video control, ventilation, conditioning, electric utility service, water supply and heat supply) of storages of banknotes, coins of national currency and precious metals;

4) traveling expenses;

5) contributing (deposits), including to the authorized capital of legal entities;

6) acquisitions of securities, shares in the authorized capital of legal entities;

7) payments of remunerations to members of governing body and supervisory board;

8) purchases of goods, works, services connected with entertainment expenses;

9) acquisitions of services of public institutions if other is not established for them by the laws of the Republic of Kazakhstan;

10) payments of charges, other expenses connected with the dispute resolution in courts, arbitration and reference tribunals;

11) payments of the charges and payments established by the legislation of the Republic of Kazakhstan or the legislation of other countries;

12) purchases of goods, the works, services necessary for implementation of the authorized activities including directed to assistance of financial stability of banking sector by means of financial support of banks of the second level;

13) purchases of goods, works, services for production, connected with accomplishment of state orders;

14) acquisitions of services of lawyers, notaries, private legal executives;

15) acquisitions of financial services, services transfer agent, and also goods, works, services necessary for implementation of depository activity, except for insurance services;

16) acquisitions of services in property trust management;

17) acquisitions of services in representation of warehouses of temporary storage, payment of the charges and other payments connected with acquisition of services of warehouses of temporary storage;

18) acquisitions of services in training in the autonomous organization of education "Nazarbaev Universitet", and also advanced training at rates, seminars, trainings, training and in the sphere of the higher postgraduate education abroad;

19) purchases of goods, works, services owing to emergence of force majeure circumstances, including for localization and (or) mitigation of consequences of emergency situations and provisions, for accident elimination on electrical power objects, communication life support systems and other hazardous production facilities;

20) purchases of goods, works, services by the branches and representations of the customer located outside the territory of the Republic of Kazakhstan;

21) purchases of goods, not issued in the territory of the Republic of Kazakhstan and acquired abroad, being the main and (or) auxiliary for production of the customer;

22) purchases of goods through commodity exchanges;

23) acquisitions of foreign electronic periodic printing editions;

24) purchases of goods, works, services at the subject of the state, natural monopoly;

25) purchases of goods, works, services necessary for implementation of state programs, orders of the President of the Republic of Kazakhstan, board decisions or Board of directors of National Bank.

2. In Rules the following basic concepts are used:

1)   No. 187 is excluded according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 27.09.2017;

2) the potential supplier - the physical person performing business activity, the legal entity, the temporary consolidation legal entities (consortium) applying for the conclusion of the purchase agreement of goods, work, service. The physical person which is not the subject of business activity is potential supplier in case of acquisition by the customer of the dwelling belonging on the right of private property to such physical person;

3) affiliirovanny face of the potential supplier - any physical person or legal entity which determines decisions and (or) exerts impact on the decisions made by the potential supplier, including owing to the transaction made in writing, and also any physical person or legal entity concerning which the potential supplier has such right;

4) uniform goods, works, services - goods, works, services which without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and to be interchangeable;

5) unification - the purchase of goods, works, services directed to elimination of excessive variety by means of reducing the list of admissible elements and decisions, their reductions to uniformity;

6) the budget - the budget (expense budget), the business plan (the annual budget);

7) force majeure (force majeure) - extraordinary and impreventable events (the spontaneous phenomena, military operations, emergency situations, accidents on electrical power objects, communication life support systems and other hazardous production facilities), adoption of normative legal and legal acts by the state and other similar circumstances which the parties not in forces to expect and prevent. Absence in the market of the necessary goods, work types, services does not belong to such circumstances, in particular;

8) responsible division - division of central office, branch, representation, the organizations of National Bank, responsible for purchase of goods, works, services;

9) the supplier - the physical person performing business activity, the legal entity, temporary consolidation legal entities (consortium) acting as the customer's partner (the organizer of purchases) in the purchase agreement of goods, work, service signed with it. The physical person which is not the subject of business activity is supplier in case of acquisition by the customer of the dwelling belonging on the right of private property to such physical person;

10) work - activities, having material result, and also other activities referred to works;

11) complex works - set of the actions including:

accomplishment of project and prospecting works, "turnkey" construction, management of project and prospecting works, "turnkey" construction, and the delivery of goods and (or) the accompanying rendering services accompanying the specified works;

projects implementation in the sphere of information turnkey technologies, including delivery of the software, consulting services on implementation of information system and supply of equipment;

12) the contest committee - the collegiate organ created by the organizer of purchases for performing procedures of carrying out purchases of goods, works, services as the tender method provided by Rules;

13) the tender documentation - documentation submitted to the potential supplier for preparation of the bid which contains conditions and procedure for carrying out purchases by tender method;

14) service - the activities directed to satisfaction of need of the customer (the organizer of purchases), which do not have material result;

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

16) construction works - the set of works and services including accomplishment of project and prospecting works, "turnkey" construction, management of project and prospecting works, "turnkey" construction, and the delivery of goods and (or) the accompanying rendering services accompanying the specified works;

17) the Register of unfair participants of public procurements - the list of potential suppliers and suppliers created according to the Law of the Republic of Kazakhstan of December 4, 2015 "About public procurements";

18) conflict of interest - situation in case of which private interests of the member of the contest committee can affect impartiality of its participation in decision making by the contest committee;

19) commission of experts - the collegiate organ created by the customer (the organizer of purchases) for preparation of the expert opinion concerning compliance of proposals of potential suppliers of the technical specification of acquired goods, works, services;

20) the expert - the specialist determined by the customer (the organizer of purchases) for preparation of the expert opinion concerning compliance of proposals of potential suppliers of the technical specification of acquired goods, works, services;

21) the procedure of the organization and carrying out purchases - complex of the interconnected, consecutive actions, the procurements conducted by the organizer according to Rules, for the purpose of the conclusion with the potential supplier of the agreement;

22) organizer of purchases - National Bank on behalf of responsible division of central office, the branch, representative office of National Bank, the organization of National Bank on behalf of division of the organization of National Bank performing the procedure of the organization and carrying out purchases;

23) the portal of purchases - the information system of National Bank providing carrying out electronic procurement;

24) participation on the portal of purchases - the operations of the participant of the portal of purchases performed on the portal of purchases for the purpose of participation in electronic procurement, including receipt of information placed on the portal of purchases;

25) the participant of the portal of purchases - the customer (the organizer of purchases), the potential supplier, their authorized representatives who were registered on the portal of purchases;

26) registration on the portal of purchases - the admission of physical persons and legal entities to participation in electronic procurement;

27) the operator of the portal of purchases - the customer's worker (the organizer of purchases) or the authorized structural division of the customer performing activities for operation of the portal of purchases according to the procedure, determined by the owner (administrator) of the portal of purchases;

28) standardization - the purchase of goods, works, services directed to achievement of optimum extent of streamlining of requirements to goods, work, service and processes by means of establishment of provisions for general, repeated and voluntary use in respect of real-life and potential tasks;

29) customer - National Bank, branch, representation, department and organizations of National Bank;

30) affiliirovanny faces of the customer (organizer of purchases) - National Bank, including its branches, representation, departments and organizations of National Bank;

31) goods - subject (thing), including semifinished product or raw materials in strong, liquid or gaseous state, electrical and heat energy, objektivirovanny results of creative intellectual activities, the corporeal rights with which it is allowed to make transactions of purchase and sale;

32) purchase of goods, works, services - acquisition by the customer by own money of goods, works, services according to the procedure, established by Rules (further - purchase);

Long-term purchases - the purchase of goods, works, services performed according to procurement plan of goods, works, services delivery date (accomplishment, rendering) of which exceeds 33) twelve months;

34) the long-term agreement - the purchase agreement of goods, work, service concluded for the term of more than twelve months according to procurement plan of goods, works, services;

35) the organizations of National Bank - the organizations entering into structure of National Bank, legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to National Bank or there are in its trust management, and affiliirovanny with them legal entities;

36) the agreement - the civil agreement on delivery of goods, performance of works, rendering services signed between the customer and the supplier according to the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994, the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 and Rules;

37) the conditional price - the price calculated taking into account application to the competitive price proposal of the participant of tender of relative value of the criteria provided in the tender documentation, and used only in case of assessment and comparison of competitive price offers for the purpose of determination of the winner of tender;

38) internal cooperation - acquisition by the customer (the organizer of purchases) of goods, works, services at National Bank or the organization of National Bank;

39) electronic procurement - purchase of goods, works, services with use of the portal of purchases.

3. The customer (the organizer of purchases) when carrying out purchases is based on the principles:

1) optimum and effective expenditure of the money used for purchases;

2) representation to potential suppliers of equal opportunities for participation in the procedure of carrying out purchases, except the cases provided by Rules;

3) fair competition among potential suppliers;

4) publicity and transparency of process of purchases;

5) support to domestic suppliers of goods, works, services;

6) supports of internal cooperation.

4. Procurement process of goods, works, services includes:

1) forming and approval of procurement plan of goods, works, services;

2) choice of the supplier of goods, works, services and conclusion of the contract with it;

3) agreement performance.

5. The board of National Bank determines the organization of National Bank by the single service provider for ensuring functioning of information and communication system of National Bank and its organizations.

6. The organization and carrying out purchases of goods, works, services are performed by responsible divisions.

The customer (the organizer of purchases) is allowed to have the separate structural division responsible for performing procedures of the organization and carrying out purchases of goods, works, services.

7. Documents on the carried-out (carried-out) purchases are stored in responsible division of the customer (the organizer of purchases) according to the approved nomenclature of cases of the customer (the organizer of purchases).

Chapter 2. Procedure for procurement planning of goods, works, services

8. Based on the relevant budget the customer develops and approves procurement plan of goods, works, services in form according to appendix 1 to Rules.

The procurement plan of goods, works, services of National Bank affirms the vice-chairman of National Bank or other authorized officer.

The procurement plan of goods, works, services of the organizations of National Bank affirms the first head or person fulfilling its duties or executive body of the organization of National Bank.

9. The procurement plan of goods, works, services is created for financial year on the basis of the need for the goods, works, services necessary for ensuring activities and achievement of tasks and functions, strategic plans, investing programs of the customer. At the same time the procurement plan of goods, works, services also provides long-term purchases for the term which is not exceeding the three-year period.

10. The procurement plan of goods, works, services affirms the customer within twenty working days from the date of approval of the relevant budget and contains, including the following main data:

1) the name of the purchased goods, works, services;

2) the amounts allocated for implementation of purchases of goods, works, services, excluding tax for value added. The amount allocated for implementation of long-term purchase is specified with breakdown for each financial year;

3) method and terms of implementation of purchases of goods, works, services;

4) the planned places and delivery dates of goods, performance of works, rendering services, including according to the schedule and (or) breakdown by years within the allocated and provided amounts for each financial year.

When planning delivery dates of goods, performance of works, rendering services the technological term of production and (or) delivery date of acquired goods, and also terms of customs clearance of goods, term of performance of works, rendering services is considered.

11. The customer within five working days from the date of approval of procurement plan of goods, works, services, except for the data constituting the state secrets according to the Law of the Republic of Kazakhstan from March 15, 1999 "About the state secrets" and (or) the data containing office information of limited distribution, confidential information places it:

1) on the customer's Internet resource;

2) on the portal of purchases.

12. The decision on implementation of purchases of goods, works, services is accepted by the customer based on the approved procurement plan of goods, works, services.

Do not join in procurement plan of goods, works, services purchase of goods, the works, services provided by subitems 21), 24) of Item 218, subitems 4), 13) of Item 251 of Rules.

13. The customer makes the decision on implementation of purchases of goods, works, services before approval of the budget only in case of carrying out the first stage of purchases by tender method with use of two-stage procedures.

14. Modification and (or) amendments in procurement plan of goods, works, services, including in cases of modification and (or) amendments in the approved strategic plans, investing programs, the budget of the customer is allowed.

The customer within five working days from the date of decision making about modification and (or) amendments in procurement plan of goods, works, services, except for the data constituting the state secrets according to the Law of the Republic of Kazakhstan from March 15, 1999 "About the state secrets" and (or) the data containing office information of limited distribution, confidential information places the made changes and (or) additions:

1) on the customer's Internet resource;

2) on the portal of purchases.

15. The refusal of implementation of purchases of goods, works, services is allowed in cases:

1) expense reductions on purchase of goods, works, services;

2) reasonable inexpediency of purchase of goods, works, services;

3) in case of approach of force majeure circumstances.

16. The refusal of purchases is performed by entering of corresponding changes into procurement plan of goods, works, services.

In this case the customer within five working days from the date of adoption of such decision by the customer:

1) informs on the made decision of persons participating in the carried-out purchases and publishes the corresponding announcement:

on the customer's Internet resource;

on the portal of purchases;

2) returns the brought providing bids and (or) ensuring execution of agreements.

In case of refusal the customer from purchases of goods, works, services, modification and amendments in procurement plan of the goods, works, services testimonial of the subsequent increase in expenses on acquisition, increase in requirement or emergence of feasibility of acquisition of such goods, works, services in the current year is not allowed.

Chapter 3. Procedure for the organization and carrying out purchases

Paragraph 1. Procedure for determination of the organizer of purchases

17. For performing procedures of the organization and carrying out purchases the organizer of purchases is determined by the order of the customer:

1) in National Bank - The chairman of National Bank or person fulfilling its duties or the vice-chairman of National Bank supervising responsible division;

2) in branch - the branch director or person fulfilling its duties;

3) in the organization of National Bank - the first head or person fulfilling its duties or executive body.

18. Acts as the organizer of purchases:

1) the customer directly or on behalf of the structural division, the actionee of procedures of the organization and carrying out purchases;

2) affiliirovanny face of the customer.

19. The National Bank acts as the organizer of purchases for the organizations of National Bank or determines the organizer of purchases for them according to the decision of the Chairman of the National Bank or person fulfilling its duties or the vice-chairman of the National Bank supervising responsible division.

20. Interaction of the customer with the organizer of purchases is established determined) based on the joint order of the customer and the organizer of purchases or the order of the customer if the customer and the organizer of purchases act in one person.

21. The organizer of purchases determined according to the subitem 2) of Item 18 of Rules conducts procurement according to the procedure, established by Rules, with observance of the following stages:

1) representation by the customer to the organizer of purchases of the order about holding procedures of the organization and carrying out the purchases with application of documents connected with the purchased goods, works, services;

2) development by the organizer of purchases of the tender documentation based on the task provided by the customer containing the documents established by Rules and its representation for approval to the customer;

3) approval by the organizer of purchases of structure of the contest committee, expert or commission of experts;

4) entering by the organizer of purchases of changes and (or) amendments into the tender documentation, unrepugnant to the task submitted by the customer, and their representation for approval to the customer;

5) placement by the organizer of purchases of the announcement of carrying out purchases;

6) the direction the organizer of purchases to the customer of offers and notes to the draft agreement and (or) the technical specification of the tender documentation from persons registered:

on the customer's Internet resource (the organizer of purchases);

on the portal of purchases.

22. In cases of determination of the organizer of purchases according to the subitem 2) of Item 18 of Rules, customers submit to the organizer of purchases within the term established by it information necessary for the organization and carrying out tender, including the statement from procurement plan of goods, works and services, the technical specification of the purchased goods, works, services, the design estimates on asset construction when purchasing construction works, and also without delay notify the organizer of purchases on all changes in the provided information.

23. Customer representatives enter into structure of the contest committee approved by the organizer of purchases determined according to the subitem 2) of Item 18 of Rules.

24. By results of carrying out purchases the organizer of purchases determined according to the subitem 2) of Item 18 of Rules sends to the customer the copy of the protocol on results of purchases for the conclusion of the contract with the winner of purchases.

25. When purchasing goods, works, the services which are subject to obligatory certification, the compulsory provision is the requirement about availability of the certificate of conformity.

26. When purchasing imported goods of delivery condition are regulated by requirements the legislation of the Republic of Kazakhstan on deliveries, and also international treaties and international commercial terms.

Paragraph 2. Requirements to potential suppliers

27. The potential supplier conforming to the following qualification requirements is allowed to participation in the carried-out purchases:

1) having legal capacity (for legal entities), civil capacity to act (for physical persons);

2) being solvent, not having tax debt and debt on other obligatory payments in the budget;

3) not subject to insolvency proceeding or liquidation.

The requirements specified in the subitem 3) of this Item of Rules do not extend to potential suppliers concerning whom the procedure of rehabilitation, and also the potential suppliers who are participants of measures of the state support for whom application of the accelerated rehabilitation procedure is obligatory is carried out.

28. Participants of the portal of purchases are allowed to participation in the carried-out electronic procurement. For recognition of potential suppliers by participants of the portal of purchases and their registration on the portal of purchases potential suppliers represent to the customer notarially attested copies of the documents confirming legal capacity for legal entities and civil capacity to act for physical persons.

29. The potential supplier in confirmation of its compliance to qualification requirements, stipulated in Item 27 Rules, submits to the organizer of purchases the documents provided:

1) subitems 3), 5) Item 8 of the standard tender documentation in form according to appendix 2 to Rules (further - the standard tender documentation);

2) subitems 2), 4) Item 8 of the electronic standard tender documentation in form according to appendix 3 to Rules (further - the electronic standard tender documentation).

The potential supplier - the nonresident of the Republic of Kazakhstan in confirmation of its compliance to qualification requirements, stipulated in Item 27 Rules, submits the same documents, as residents of the Republic of Kazakhstan, or the documents containing similar data on qualification of the potential supplier - the nonresident of the Republic of Kazakhstan, the apostilled (legalized) according to the international treaties ratified by the Republic of Kazakhstan with attested notary translation into languages of the tender documentation.

30. Confirmation by the potential supplier of compliance to qualification requirements by means of representation of one of the following documents is allowed:

1) the document confirming assignment to the potential supplier of rating of the international rating organization;

2) statements from stock exchange about inclusion of the potential supplier in official listing of the exchange.

Legal capacity of the potential supplier performing the types of activity which are subject to licensing proves to be true by means of the state information system according to the Law of the Republic of Kazakhstan of November 24, 2015 "About informatization".

In case of lack of data in the state information system the potential supplier represents notarially attested copy of the corresponding license granted according to the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications".

31. Confirmation by the potential supplier of compliance to qualification requirement about solvency is allowed by means of representation of tender security on participation in tender in the form of the bank guarantee of one or several resident banks of the Republic of Kazakhstan in the amount of, to equal 100 (hundred) percent from the amount of the carried-out purchases, together with the bid when implementing purchases by tender method, including with use of two-stage procedures, using the biddings on reduction in price.

32. Qualification requirements, stipulated in Item 27 Rules, extend also on physical persons and legal entity which the potential supplier provides to attract as subcontractors on performance of works or collaborators on rendering the services which are subject of the carried-out purchases.

The potential supplier who provides to attract subcontractors on performance of works or collaborators on rendering services, submits to the organizer of purchases the documents confirming compliance of the attracted subcontractors or collaborators to qualification requirements, stipulated in Item 27 Rules.

Extreme amounts of works and services which are transferred to subcontractors on performance of works or collaborators on rendering services do not exceed two thirds of total amount of the purchased works or services.

33. Qualification requirements, stipulated in Item 27 Rules, do not extend when implementing purchases by methods:

1) tender using special procedure;

2) from one source by the conclusion of the agreement according to subitems 1), 2), 3), 4), 5), 6), 7), 9), 11), 13), 14), 16), 20), 21), 24) Item 218 of Rules;

3) request of price offers.

34. Establishment of qualification requirements, not stipulated in Item 27 Rules is not allowed.

35. The potential supplier is recognized to inappropriate qualification requirements in case of availability of one of the following bases:

1) non-presentations of the document (documents) for confirmation of conformity to qualification requirements of the potential supplier and (or) the subcontractor (collaborator) of works or services attracted by it;

2) factual determinations of discrepancy to qualification requirements based on information containing in the documents submitted by the potential supplier for confirmation of its compliance, and also discrepancy of the subcontractor attracted by it on performance of works or the collaborator on rendering services to qualification requirements;

3) factual determinations of representation of unreliable information on qualification requirements.

Accuracy of the information on qualification requirements, provided by the potential supplier, is established by the customer, (the organizer of purchases) at any stage of implementation of purchases.

36. Recognition of the potential supplier and (or) the subcontractor attracted by it on performance of works or the collaborator on rendering services to inappropriate qualification requirements in the bases, not stipulated in Item 35 Rules is not allowed.

Chapter 4. Methods of implementation of purchases

37. Procurements are conducted by one of the following methods:

1) tender, including with use of two-stage procedures, using the biddings on reduction in price, special procedure;

2) from one source by the conclusion of the agreement;

3) request of price offers, including by placement of the announcement, without placement of the announcement.

38. The procurements conducted by the methods provided by subitems 1), 3) of Item 37 of Rules are allowed to be carried out by means of electronic procurement.

Part one of this Item does not extend to the procurements conducted by tender methods using special procedure and request of price offers without placement of the announcement.

39. Method of procurement of goods, work, service is chosen the customer independently.

40. The customer determines method of implementation of purchases proceeding from annual amounts of the goods, works, services necessary for ensuring its activities.

Chapter 5. Procurement procedure by tender method

Paragraph 1. Procedure for the organization and carrying out purchases of goods, works, services as tender method

41. The organization and carrying out purchases of goods, works, the services performed by tender method provide accomplishment of the following consecutive events:

1) determination by the customer of the organizer of purchases;

2) development by the organizer of purchases of the tender documentation based on the standard tender documentation in form according to appendix 2 to Rules;

3) forming and statement of structure of the contest committee, secretary of the contest committee, and also forming and statement of commission of experts (expert) is allowed;

4) approval of the tender documentation by the customer;

5) placement by the organizer of purchases of the announcement of implementation of purchases of goods, works, services as method of tender and the copy of the tender documentation on the customer's Internet resource (the organizer of purchases);

6) explanation the organizer of purchases of provisions of the tender documentation to the potential suppliers who received its copy, according to the procedure, provided by Items 76, of 77, of 78 Rules, by means of the customer's Internet resource (the organizer of purchases);

7) registration by the organizer of purchases of the submitted bids in the magazine of registration of bids in form according to appendix 4 to Rules;

8) opening by the contest committee of envelopes with bids, and also execution of the protocol of opening of envelopes with bids in form according to appendix 5 to Rules;

9) publication by the organizer of purchases on the customer's Internet resource (the organizer of purchases) of the text of the protocol of opening of envelopes with bids;

10) consideration by the contest committee of bids for determination of the potential suppliers conforming to qualification requirements and requirements of the tender documentation;

11) forming and signing by the contest committee of the protocol of the preliminary admission to participation in tender in form according to appendix 6 to Rules, in case of determination of potential suppliers inappropriate to qualification requirements and requirements of the tender documentation, publication of its text on the customer's Internet resource (the organizer of purchases);

12) determination and forming by the contest committee of the list of potential suppliers which are allowed to participation in tender, and the size of conditional discounts, registration and signing of the protocol on the admission to participation in tender in form according to appendix 7 to Rules;

13) publication by the organizer of purchases on the customer's Internet resource (the organizer of purchases) of the text of the protocol on the admission to participation in tender;

14) registration by the organizer of purchases of data in the magazine of registration of the competitive price offers on form according to appendix 8 to Rules provided by the potential suppliers allowed to participation in tender, envelopes with competitive price offers;

15) opening of envelopes with competitive price proposals of participants of tender, assessment and comparison by the contest committee of competitive price offers (summing up purchases by tender method);

16) registration and signing by the contest committee of the protocol on results of purchases by tender method in form according to appendix 9 to Rules, publication of its text on the customer's Internet resource (the organizer of purchases);

17) conclusion customer of the contract with the winner of tender.

42. The organization and carrying out the electronic procurement conducted by tender method provide accomplishment of the following consecutive events:

1) the direction the customer to the organizer of purchases of the invitation, except as specified, when the customer and the organizer of purchases act in one person;

2) forming and statement of structure of the contest committee, secretary of the contest committee, and also forming and statement of commission of experts (expert) is allowed;

3) development by the organizer of purchases of the tender documentation according to appendix 3 to Rules;

4) approval of the tender documentation by the customer;

5) placement by the organizer of purchases on the portal of purchases of the announcement of implementation of the electronic procurement by method of tender approved structure of the contest committee (commission of experts (expert) in the presence), the secretary of the contest committee, the tender documentation;

6) explanation the organizer of purchases of provisions of the tender documentation to the potential suppliers who received its copy, according to the procedure, provided by Items 76, of 77, of 78 Rules, by means of the portal of purchases;

7) automatic registration on the portal of purchases of bids, including the competitive price offer which becomes available to the organizer of purchases only after the admission of the potential supplier on participation in tender or in case of representation on tender less than two bids;

8) automatic opening of bids and the publication on the portal of purchases of the protocol of opening of bids in form according to appendix 10 to Rules;

9) consideration by the contest committee by means of the portal of purchases of bids for determination of the potential suppliers conforming to qualification requirements and requirements of the tender documentation;

10) forming and signing by the contest committee of the protocol of the preliminary admission to participation in tender in form according to appendix 11 to Rules, in case of determination of potential suppliers inappropriate to qualification requirements and requirements of the tender documentation, publication of its text on the portal of purchases;

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