ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2018 No. 910

About modification and amendments in the order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1200 "About approval of Rules of implementation of public procurements using special procedure"

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1200 "About approval of Rules of implementation of public procurements using special procedure" (SAPP of the Republic of Kazakhstan, 2015, Art. No. 89-90, 636) the following changes and amendments:

in Rules of implementation of the public procurements using special procedure (further - Rules) approved by the specified resolution:

in all text of Rules:

shall be replaced with words the words "since the moment" "from the date of";

shall be replaced with words the word "middle name" "middle name (in the presence)";

the word "arrived" to replace with the word "is registered";

shall be replaced with words the word "First name, middle initial, last name" "First name, middle initial, last name (in the presence)";

the second Item 15 to state part in the following edition:

"In case of carrying out public procurements according to Item 5 of these rules, the tender documentation affirms the first head of the organizer or person fulfilling its duties, either the responsible secretary or other official of the customer, or person fulfilling its duties performing powers of the responsible secretary.";

add with Items 15-1 and 15-2 of the following content:

"15-1. When implementing public procurements of the works requiring the design estimates instead of the technical specification the tender documentation shall contain the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan.

15-2. Material and the manpower necessary for the customer for obligation fulfillment under the agreement, are specified in the technical specification which is integral part of the tender documentation.

When implementing public procurements of works on 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 as 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.";

in Item 31:

the paragraph one of part one to state in the following edition:

"31. The organizer of public procurements no later than three working days from the date of approval of the tender documentation, but at least in twenty calendar days prior to final date of submission of bids by potential suppliers:";

the second to state part in the following edition:

"In case of implementation of repeated public procurements by tender method, the organizer of public procurements no later than three working days from the date of approval of the tender documentation, but at least in ten calendar days prior to final date of submission of bids shall fulfill the requirements provided by subitems 1), 2) and 3) of this Item.";

state Item 41 in the following edition:

"41. The bid is form of expression of consent of the potential supplier with the requirements and conditions established by the tender documentation and also the consent of the potential supplier to receipt of the information about him confirming compliance to qualification requirements and restrictions, the stipulated in Clause 6 Laws.";

the second Item 42 to state part in the following edition:

"The request of the potential supplier - the physical person performing business activity shall contain the copy of the identity certificate (at the same time, the customer if necessary obtains information on registration availability as the individual entrepreneur on the website: www.kgd.gov.kz in the Electronic Services / Search of Taxpayers tab)".;

third of Item 49 to state part in the following edition:

"The envelope with the bid provided without specifying of full name and the postal address of the potential supplier is not subject to registration and opening.";

the first and second Item 69 to state parts in the following edition:

"69. The tender committee considers bids and makes the decision on the preliminary admission or the admission of potential suppliers to participation in tender within ten calendar days from the date of opening of envelopes with bids (in case of carrying out difficult public procurements of the goods, works, services having difficult technical characteristics and specifications, such requests are considered within twenty calendar days from the date of opening of envelopes with bids).

The protocol on the preliminary admission to participation in tender is drawn up according to appendix 10 to these rules which is signed and is polistno initialed by the chairman and all attendees at meeting members of tender committee, and also the secretary of tender committee in day of decision making about the preliminary admission to participation in tender. The expert opinion or special opinion of the expert (the member of commission of experts) can be in the presence attached to the protocol on the preliminary admission to participation in tender.";

in Item 77:

the paragraph one to state in the following edition:

"77. The potential supplier who is the legal entity is not allowed to participation in tender if:";

in the subitem 1):

the fifth to state the paragraph in the following edition:

"non-presentation of the paper copy of the electronic document received (directed) according to the legislation of the Republic of Kazakhstan, notarially attested copy of the certificate * or certificates of state registration (re-registration) of the legal entity or notarially attested copy of the application of state registration if the legal entity performs activities based on the standard charter.";

the eighth and ninth to exclude paragraphs;

the tenth to state the paragraph in the following edition:

"non-presentation of data on lack (availability) of tax debt of the taxpayer, the debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments received not earlier than one month preceding date of opening of envelopes with bids;";

the fourteenth to state the paragraph in the following edition:

"established fact of submission of false information according to the documents submitted in the bid;";

in the subitem 2):

the fifth to state the paragraph in the following edition:

"representation by the potential supplier of the technical specification which is not conforming to the requirements established in the technical specification of the tender documentation, except for * cases of submission of the technical specification with more best technical, quality and operational characteristics.

* Note: the exception is not applied in case of purchase of goods to fitting, upgrade and retrofitting of the capital (installed) equipment, and also the established software;";

add with the paragraph the tenth the following content:

"non-presentation of the letter of consent with conditions of the design estimates approved in accordance with the established procedure when implementing public procurements of works;";

in Item 78:

the paragraph one to state in the following edition:

"78. The potential supplier who is physical person, performing business activity is not allowed to participation in tender if:";

in the subitem 1):

state paragraph two in the following edition:

"non-presentation of the copy of the identity certificate (at the same time, the customer if necessary obtains information on registration availability as the individual entrepreneur on the website: www.kgd.gov.kz in the Electronic Services / Search of Taxpayers " tab ;);

to exclude paragraphs of the sixth and seventh;

to state the paragraph of the eighth in the following edition:

"non-presentation of data on lack (availability) of tax debt of the taxpayer, the debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments received not earlier than one month preceding date of opening of envelopes with bids;";

in the subitem 2):

the fourth to state the paragraph in the following edition:

"representation by the potential supplier of the technical specification which is not conforming to the requirements established in the technical specification of the tender documentation, except for * cases of submission of the technical specification with more best technical, quality and operational characteristics.

* Note: the exception is not applied in case of purchase of goods to fitting, upgrade and retrofitting of the capital (installed) equipment, and also the established software;";

add with the paragraph the ninth the following content:

"non-presentation of the letter of consent with conditions of the design estimates approved in accordance with the established procedure when implementing public procurements of works;";

4) of Item 83 to state the subitem in the following edition:

"4) the secretary of tender committee draws up the protocol on the preliminary admission or the admission to participation in tender.";

add with Items 85-1 and 85-2 of the following content:

"85-1. Potential suppliers no later than the term specified in the protocol of the preliminary admission present to the organizer of public procurements the bids brought into accord in the stitched form with the numbered pages. The last page of the bid is certified by the sign and seal (if that is available).

85-2. The organizer of public procurements accepts properly drawn up envelopes with bids and enters data in the magazine of registration of bids.";

the second Item 86 to state part in the following edition:

"Sending an inquiry and other actions of tender committee connected with amendment of the bid a missing documents, replacement of the documents submitted in the bid, reduction to compliance in an inadequate way of the processed documents after the expiration of reduction of bids in compliance with qualification requirements and requirements of the tender documentation, stipulated in Item 84 these rules are not allowed.";

the paragraph one of part three of Item 87 to state in the following edition:

"The potential supplier cannot be allowed to participation in tender after reduction of bids in compliance with qualification requirements and requirements of the tender documentation if:";

the first to state paragraphs to part one of Item 88 in the following edition:

"88. By results of de novo review of bids tender committee within 10 calendar days:";

third of Item 96 to state part in the following edition:

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