THE ORDER OF THE FIRST DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of June 5, 2019 No. 545

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:

in Item 3:

subitems 12-1) and 13) to state in the following edition:

"12-1) 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;

13) personal account - 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;";

add with the subitem 14) of the following content:

"14) electronic depositary in the field 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 of public procurements.";

state Item 85-2 in the following edition:

"85-2. When implementing public procurements on rendering engineering services in technical supervision in the technical specification, the requirement about availability at the potential supplier of the certified experts rendering engineering services in technical supervision working for it at permanent basis is specified. Combination of work as the certified experts in other organizations performing the specified types of activity is not allowed.";

state Item 109 in the following edition:

"109. The request of the potential supplier for participation in tender automatically are registered on the web portal.

The request is considered given in case of introduction by the potential supplier of tender security on participation in tender.";

1) of Item 150 to state the subitem in the following edition:

"150. The potential supplier is not allowed to participation in tender (it cannot be recognized as the participant of tender) if:

1) it and (or) his subcontractor or the collaborator are determined not conforming to qualification requirements on the following bases:

lack of permissions (notifications) got (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications, data on which prove to be true in information systems of state bodies. In case of lack of data in information systems of state bodies the potential supplier represents notarially attested copy of the corresponding permission (notification) received (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications;

non-presentation of electronic copies or in the form of the electronic document of patents, certificates, certificates, other documents confirming the right of the potential supplier to production, conversion, delivery and realization of the purchased goods, performance of works, rendering services;

availability of 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, determined by the web portal automatically based on data of bodies of state revenues;

non-presentation, and is equal submission of incomplete data on qualification according to appendices 5, 5-1, 6 and 7 to the tender documentation;

discrepancy of the potential supplier to qualification requirements regarding possession of work experience in the market of the purchased goods, works, services which availability is established in the tender documentation;

discrepancy of the potential supplier to qualification requirements regarding possession material and the manpower sufficient for obligation fulfillment under the agreement, specified in the tender documentation;

established fact of representation of unreliable information on qualification requirements;

is subject to insolvency proceeding or liquidation;";

state Item 153 in the following edition:

"153. The tender committee when forming the protocol on results of public procurements by method of tender determines conditional discounts according to the criteria provided in the tender documentation according to Item 152-1 of these rules, in relation to each potential supplier who submitted the bid, except as specified when on participation in tender one request is submitted.

On public procurements of works in the field of construction (installation and construction works and works on designing) to the protocol on results of public procurements the method of tender applies calculation of conditional discounts according to appendix 27 to these rules.

In case of non-presentation by the potential supplier of the documents confirming these criteria, the tender committee does not apply the corresponding conditional discount to such potential supplier. Terms offered by the potential supplier for application of conditional discounts join in the agreement.";

state Item 155 in the following edition:

"155. If the potential supplier has work experience in quality of the prime contractor the tender committee appropriates conditional discount in the amount of one percent (1%) for every year of availability at the potential supplier of work experience in the market of the purchased works, including on similar (similar) work types which are tender subject.

If the potential supplier has work experience in quality of subcontractor the tender committee appropriates conditional discount in the amount of zero whole five tenth percent (% 0,5) for every year of availability of work experience at it in the market of the purchased works, including on similar (similar) work types which are tender subject.

If within one year the potential supplier performs the works which are purchased at tender including on similar (similar) work types, more than on one construction object, the tender committee appropriates conditional discount in the amount of zero whole the two tenth percent (% 0,2) for each subsequent construction object. If these works are performed by the potential supplier as subcontractor, the tender committee appropriates conditional discount in the amount of zero the whole one tenth percent (% 0,1) for each subsequent construction object.

If subject of tender are the works which are not connected with construction, the tender committee appropriates conditional discount in the amount of zero whole the two tenth percent (% 0,2) for each subsequent performed work similar (similar) to types of the purchased works.

Total percentage influence on the conditional price of the bid of this criterion does not exceed ten percent.

Percentage influence on the conditional price for experience of work is determined according to appendices 5 and 5-1 to the tender documentation.";

exclude Item 174-1;

state Item 175-1 in the following edition:

"175-1. The price of the bid of the potential supplier (the accredited expert organization or the expert) 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 different 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).";

state Item 177 in the following edition:

"177. The price of the bid of the potential supplier of goods, works (except for the works provided in Items 174, of 175, of 175-1 these rules), services (except for services, stipulated in Item 176 these rules), is recognized dumping if it the low price allocated for tender more than for twenty percent.";

185, of 186, of 187, of 188, of 189, of 190, 191 to state Items in the following edition:

"185. Tender with prequalification is performed in the following sequence:

1) at the first stage the qualification body creates the list of skilled potential suppliers;

2) at the second stage the customer conducts public procurements by tender method among the potential suppliers included in the list of skilled potential suppliers.

186. For inclusion in the list of skilled potential suppliers it is necessary to correspond to conditions according to appendix 4-1 to these rules.

187. The list of skilled potential suppliers is created by qualification body automatically on the basis of these corresponding information systems.

The potential suppliers having the restrictions provided by subitems 3), 4), 5), 6), 7), 8), 9) and 10) of Item 1 of article 6 of the Law are not included in the List of skilled potential suppliers.

188. The list of skilled potential suppliers is created in form according to appendix 4-2 to these rules.

189. In the list of skilled potential suppliers the following data are specified:

1) field of activity of the potential supplier according to the Inventory, works, services on which public procurements are conducted by tender method with prequalification, stipulated in Item 1 article 31 of the Law (further - the List);

2) information on the skilled potential supplier:

name of the potential supplier;

country of the potential supplier;

for residents of the Republic of Kazakhstan - the business identification number (BIN) (for the legal entity), the individual identification number (IIN) (for physical person);

for residents of the Russian Federation - the identification taxpayer number (ITN) (for legal entities), the insurance number of the individual ledger account (INILA) (for physical persons);

for residents of the Republic of Belarus - the accounting number of the payer (ANP) (for legal entities);

3) the name, number and date of issue of the document based on which the potential supplier is included in the List of skilled potential suppliers.

190. Potential suppliers are automatically excluded from the List of skilled potential suppliers, in cases:

1) inclusion of the potential supplier in the register of unfair participants of public procurements;

2) availability of the restrictions connected with participation in the public procurements provided by subitems 3), 4), 5), 6), 7), 8), 9) and 10) of Item 1 of article 6 of the Law.

191. When implementing the second stage of tender with prequalification are used procedure of public procurements by tender method.";

192, of 193, of 194, of 195, of 196, of 197, of 198, of 199, of 200, of 201, of 202, of 203, of 204, of 205, of 206, of 207, of 208, of 209, of 210, of 211, of 212, of 213, of 214, of 215, of 216, of 217, of 218, of 219, 220 to exclude Items;

state Item 307 in the following edition:

"307. The request of the potential supplier for participation in auction automatically are registered on the web portal.

The request is considered given in case of introduction by the potential supplier of bid bond.";

1) of Item 344 to state the subitem in the following edition:

"344. The potential supplier is not allowed to participation in auction (it cannot be recognized as the participant of auction) if:

1) it is determined not conforming to qualification requirements on the following bases:

non-presentation of electronic copies of permissions (notifications) or permissions (notifications) in the form of the electronic document got (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications, data on which prove to be true in information systems of state bodies. In case of lack of data in information systems of state bodies the potential supplier represents notarially attested copy of the corresponding permission (notification) received (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications;

availability of 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, determined by the web portal automatically based on data of bodies of state revenues;

non-presentation, and is equal submission of incomplete data on qualification according to appendix 5 to auction documentation;

discrepancy of the potential supplier to qualification requirements regarding possession material and the manpower sufficient for obligation fulfillment under the agreement, specified in auction documentation. At the same time 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 auction documentation;

established fact of representation of unreliable information on qualification requirements;

is subject to insolvency proceeding or liquidation;";

state Item 347 in the following edition:

"347. The auction is spent on the web portal in the day and time specified in the protocol on the admission to participation in auction.

Day of holding the auction is the working day following after the expiration of two working days from the date of placement of the protocol on the admission to participation in auction.

Time of the beginning of auction is established no later than 18:00 on time of the city of Nour-Sultan.";

state Item 383 in the following edition:

"383. The customer sends to the winner the draft agreement certified by the digital signature by means of the web portal according to standard agreements about public procurements of goods, works, services, according to appendices 19, of 20, 20-1, 20-2 and 21 to these rules, except for person having the restrictions connected with participation in public procurements, provided in article 6 of the Law:

1) within five working days from the date of the expiration on appeal of the protocol on results of public procurements by method of tender (auction);

2) within five working days from the date of determination of the winner of public procurements by method of request of price offers.";

state Item 398 in the following edition:

"398. If the agreement provides advance payment, the potential supplier in addition to ensuring agreement performance brings providing advance payment in the amount of, equal to advance payment.

The requirement for introduction of providing advance payment does not extend to suppliers with whom agreements within treasurer maintenance are signed.";

state Item 442 in the following edition:

"442. The work experience in the market of the purchased goods, works, services of the potential supplier, can be established in the tender documentation (auction documentation), according to the following criteria:

1) 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;

2) 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;

3) 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;

4) 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.";

add with Chapter 13 of the following content:

"Chapter 13. Procedure for determination of compliance of the potential supplier to qualification requirement in the form of its financial stability

445. The qualification requirement in the form of financial stability of the potential supplier is imposed to the potential suppliers participating in public procurements by method tender with prequalification on installation and construction works.

446. 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 (current assets);

2) the paid taxes;

3) fixed assets;

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