ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of June 13, 2018 No. 562

About modification and amendments in the order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648 "About approval of Rules of implementation of public procurements"

I ORDER:

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648 "About approval of Rules of implementation of public procurements" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 12590, it is published on December 31, 2015 in information system of law of Ad_let) the following changes and amendments:

in Rules of implementation of the public procurements approved by the specified order (further - Rules):

1) of Item 28 to state the subitem in the following edition:

"1) according to the subitem 1) of Item 1 of article 8 of the Law, the Government of the Republic of Kazakhstan for customers determines the single organizer.

The organization and carrying out public procurements of goods, works, services are carried out by the single organizer according to the list of budget programs and (or) goods, works, services by the determined authorized body according to the order of the Minister of Finance of the Republic of Kazakhstan of December 25, 2017 No. 743 "About approval of the inventory, works, services on which the organization and carrying out public procurements is performed by the single organizer", registered in the Register of state registration of regulatory legal acts at No. 16127;";

state Item 29 in the following edition:

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

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

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

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

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

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

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

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

state Item 60 in the following edition:

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

When carrying out tender on material logistics of activities of the central executive bodies, the chairman of tender committee determines the responsible secretary of the central executive body, or other official performing powers of the responsible secretary.

In the cases provided by Items 22 and 24 of these rules, the chairman of tender committee determines the official not below the deputy first head of the organizer or person fulfilling its duties, either the responsible secretary or other official performing powers of the responsible secretary.

In case, 23 and 25 these rules provided by Items 21,, are determined by the chairman of tender committee the official not below the deputy first head of the customer or person fulfilling its duties, either the responsible secretary or other official performing powers of the responsible secretary.

In case, stipulated in Item 26 these rules, the chairman of tender committee determines the official not below the deputy first head of the customer or person fulfilling its duties, either the responsible secretary or other official performing powers of the responsible secretary.";

state Item 157 in the following edition:

"157. In the presence at the potential supplier of the document confirming compliance of quality management system to the national or international standard issued to the producer of the offered goods, the contractor of services by the certification bodies accredited by accreditation body, or the international organizations for accreditation which member is the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan tender committee appropriates conditional discount in the amount of two percent (2%).";

state Item 234 in the following edition:

"234. Potential suppliers whose bids gained less than one point by the criteria specified in subitems 1), 2), 3) and 4) of Item 233 of these rules are not allowed to participation in tender, irrespective of total quantity of the gained points.";

state Item 367 in the following edition:

"367. In case of recognition of public procurements by method of tender (auction) cancelled on absence reason of the submitted applications for participation in this tender (auction), the organizer within ten calendar days from the date of decision making about implementation of public procurements by method from one source sends by means of the web portal the invitation to the potential supplier determined by the customer by rules of Items 378-1, 378-2 and 378-3 of these rules.

At the same time in case of the consent of the potential supplier to take part in public procurements by method from one source, this potential supplier within ten calendar days directs by means of the web portal to the organizer the confirmation about participation, with application of documents, provided in the invitation.";

state Item 378 in the following edition:

"378. When implementing public procurements by method from one source by the direct conclusion of the agreement the customer determines the supplier with respect for the principle of the implementation of public procurements provided by the subitem 1) of article 4 of the Law and signs with it the agreement by means of the web portal.";

state Item 378-4 in the following edition:

"378-4. On the basis of the commercial offers provided at the request of the customer and (or) at the initiative of potential suppliers, the customer with respect for the principle of the implementation of public procurements provided by the subitem 1) of article 4 of the Law determines the potential supplier for implementation of public procurements by method from one source by the direct conclusion of the agreement.";

the second Item 382 to state part in the following edition:

"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.";

add with Items 382-1, 382-2 and 382-3 of the following content:

"382-1. 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.

382-2. 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 shall correspond to subject of the carried-out public procurements.

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