I.O'S ORDER. MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of August 20, 2019 No. 899

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 (further - Rules) approved by the specified order:

state Item 51 in the following edition:

"51. The customer provides to the organizer for carrying out tender the technical specification and the draft agreement in the Kazakh and Russian languages, except as specified, when the organizer and the customer act in one person.

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. At the same time terms of performance of works on such public procurements shall correspond to the terms of performance of works specified in the design estimates approved in accordance with the established procedure. In addition to the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan, the tender documentation shall contain the electronic copy of the positive conclusion of complex non-departmental examination.

At the same time, in the tender documentation content of instructions on trademarks, service marks, trade names, patents, useful models, industrial designs, the name of the place of goods origin and the name of the producer, and also other characteristics is not allowed if such specifying determines accessory of acquired goods, work, service to the certain potential supplier, except for the following cases of implementation of public procurements:

1) for fitting, upgrade and retrofitting of the capital (installed) equipment, and also the established software (licensed software);

2) for determination of the service provider on provision of goods in leasing and emergence of need of the detailed description of subject of leasing;

3) for repair and (or) maintenance of the goods (equipment) which are available for the customer.";

state Item 79 in the following edition:

"79. The conclusion of commission of experts or expert is surely considered by tender committee only if it is constituted within the requirements provided by the tender documentation. The expert opinion is signed by members of commission of experts or the expert, in case of determination of the expert without creation of commission of experts, and attached to the protocol of the preliminary admission to participation in tender, to the protocol on results of public procurements on the web portal in the form of the electronic copy of the document certified by the digital signature of the secretary of tender committee.

The documents confirming qualification of the expert are surely put to the expert opinion (the diploma about education, the certificate, the certificate or other document).";

exclude Items 85-1 and 85-2;

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

"2) if its bid is determined the tender documentation which is not conforming to requirements for the following bases:

non-presentation of the technical specification, except for case, when

the tender documentation instead of the technical specification contains the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan; submission of the technical specification by the potential supplier, not

the tender documentation conforming to requirements, and non-presentation of the documents required by the technical specification is equal; non-presentation of the information about subcontractors on performance of works (collaborators when rendering services) which are the subject of purchases at tender, and also work types and services given by the potential supplier to subcontractors (collaborators) according to appendix 10 to the tender documentation (in case of involvement of subcontractors (collaborators) by the potential supplier; transfer by the potential supplier to subcontractors (collaborators)

on sub contracting (co-execution) in total more than one second amounts of works

(construction costs), services in case of submission of information about subcontractors; non-presentation of tender security on participation in tender according to

requirements of the tender documentation and these rules;

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

state Item 152-1 in the following edition:

"152-1. For determination of the participant of the tender offering the most high-quality goods, work, service, the organizer provides the following criteria influencing the competitive price offer in the tender documentation:

1) availability at the potential supplier:

work experience on commodity market, the works, services which are subject

the carried-out public procurements within the last ten years; the document confirming voluntary confirmation of conformity

the offered goods according to the legislation of the Republic of Kazakhstan in the field of technical regulation; the document confirming compliance of the certified system (the certified systems) of the quality management corresponding to subject of the purchased goods, works, services according to requirements of national or international standards; the document confirming compliance of system of ecological

management to the national standard; the document confirming compliance of the offered goods

to the standard of ecological net production;

2) functional, technical, quality and operational characteristics of goods and (or) operating expenses, maintenance and repair of the purchased goods.";

state Item 162 in the following edition:

"162. The criterion - functional, technical, quality and operational characteristics of goods and (or) operating expenses, maintenance and repair of the purchased goods, is applied according to the conclusion commission of experts or the expert (in case of its availability). Total percentage influence on the conditional price of the bid of this criterion shall not exceed ten percent.";

state Items 164 and 165 in the following edition:

"164. If technical characteristics of goods in the technical specification offered by potential suppliers in the bid exceed (improve) parameters of the goods established in the technical specification of the tender documentation, the tender committee establishes zero whole five tenth percent (% 0,5) for each exceeded parameter. Total percentage influence on the conditional price of the bid of this criterion shall not exceed three percent (3%).

165. If quality characteristics of goods in the technical specification offered by potential suppliers in the bid exceed (improve) requirements and purpose of goods, service which are established in the technical specification of the tender documentation, the tender committee establishes five percent (5%) for this characteristic.";

state Items 175-1 and 176 in the following edition:

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

176. The price of the bid of the potential supplier of rendering engineering services in the field of architectural, town-planning and construction activities (technical and author's supervisions, project management) is recognized dumping if it the low price calculated according to the approved state standard rates, more than for fifteen percent.";

state Item 178 in the following edition:

"178. Representation of dumping price on public procurements of goods, works, services, stipulated in Item 177 these rules on condition of introduction by the potential supplier in addition to ensuring agreement performance of the amount in the amount of equal to the reduced amount from the minimum admissible price which is not recognized dumping is allowed.";

state Item 224 in the following edition:

"224. The non-governmental organizations of the Republic of Kazakhstan performing activities according to the authorized purposes in the directions, the stipulated in Article 5 Laws of the Republic of Kazakhstan of April 12, 2005 "About the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan" take part in tender on public procurements of the services provided by the state social order.";

state Items 233 and 234 in the following edition:

"233. In case of public procurements of services of the state social order the organizer provides in the tender documentation the following criteria for assessment, the provided by potential suppliers, technical specifications:

1) compliance of the project offered by the potential supplier to requirements of the technical specification of the Customer;

2) compliance of the purpose of activities of the potential supplier (according to constituent documents) to the purchased services of the Customer;

3) compliance of the detailed Actions plan to goal achievement, delivered by the Customer (the name and form of actions, the place and terms of carrying out, surname, name, middle name (in case of its availability) responsible persons);

4) data on finding of the potential supplier in "The database of non-governmental organizations"; experience of work of the potential supplier;

5) in case of project implementation in certain territory (the capital, the city of republican value, the area, the area, the city) - work experience of non-governmental organization in the respective region;

6) experience and qualification of the specialists involved to implementation of the social project and (or) social program;

7) availability of indicators on efficiency evaluation of results of project implementation. Calculation of points for the criteria provided in subitems of 1)-8) of this Item is calculated according to appendix 12 to the tender documentation.

234. Potential suppliers whose bids gained less than one point by one of 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 237 in the following edition:

"237. The potential supplier whose technical specification has final assessment less than 11 points is not allowed to participation in tender.";

state Item 240 in the following edition:

"240. The following conditional reduction of competitive offers is applied to the potential suppliers allowed to participation in tender by results of consideration regarding compliance to requirements of the tender documentation and assessment of their technical specifications:

1) if final assessment of the technical specification of the potential supplier constitutes from 13 to 17 points inclusive, then the competitive price proposal of the potential supplier conditionally decreases by 10%;

2) if final assessment of the technical specification of the potential supplier constitutes from 18 to 22 points inclusive, then the competitive price proposal of the potential supplier conditionally decreases by 20%;

3) if final assessment of the technical specification of the potential supplier constitutes from 23 to 27 points inclusive, then the competitive price proposal of the potential supplier conditionally decreases by 30%;

4) if final assessment of the technical specification of the potential supplier constitutes over 28 points, then the competitive price proposal of the potential supplier conditionally decreases by 40%.";

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

"2) if its auction participation application is determined not conforming to requirements of tender documentation on the following bases:

non-presentation of the technical specification; representation by the potential supplier of the technical specification which is not conforming to requirements of tender documentation, and is equal non-presentation of the documents required by the technical specification;

non-presentation of bid bond according to requirements of tender documentation and these rules;

established fact of representation of unreliable information according to requirements of tender documentation;";

state Item 379 in the following edition:

"379. The customer for the purpose of the conclusion of the agreement sends by means of the web portal to the potential supplier the draft agreement certified by the digital signature.

The draft agreement is signed (makes sure the digital signature) by the potential supplier not earlier than five working days from the date of obtaining it by means of the web portal.

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