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

of December 27, 2019 No. 1438

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 3 in the following edition:

"1) the participant of the web portal - the customer, the organizer of public procurements, the single organizer, the potential supplier who was registered on the web portal;

2) registration on the web portal - the admission of the subject of system of public procurements, to participation in public procurements by means of the web portal;

3) 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;

4) 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;

5) the electronic copy of the document - the document which is completely reproducing the type and information (data) of the authentic document in electronic and digital form certified by the digital signature of the applicant or person having powers on the certificate of this document, or the authorized employee of service center of the population based on written consent of the receiver of the state service this at the time of its personal presence;

6) the web portal of public procurements (further - the web portal) - the information system of state body providing single point of access to electronic services of public procurements;

7) the single operator in the field of public procurements (further - the single operator) - the legal entity determined by authorized body in the field of public procurements, the single owner of shares (shares in the authorized capital) which is the state;

8) authorized body in the field of public procurements (further - authorized body) - the state body performing management in the field of public procurements;

9) 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;

10) the agreement on public procurements (further - the agreement) - the civil agreement signed by means of the web portal between the customer and the supplier, certified by digital signatures, except as specified, provided by the Law;

11) the single organizer of public procurements - (further - the single organizer) the legal entity determined by the Government of the Republic of Kazakhstan, akimat of area, the cities of republican value and the capital or akimat of the area, city, area in the city, according to Item 1 of article 8 of the Law, the performing performing procedures of the organization and carrying out centralized public procurements;

12) the organizer of public procurements (further - the organizer) - the official either structural division of the customer, or the legal entity determined by the actionee of procedures of the organization and carrying out public procurements according to the procedure, established by these rules;

13) indicator of the paid taxes - percentage ratio of the amount of the paid taxes to the amount of the income of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues, calculated according to subitem part two 2) of Item 447 of these rules;

14) the authorized representative - the user of the participant of the web portal to which the relevant decision of the first participant manager of the web portal delegates the rights to accomplishment of all actions on the web portal including assurance of electronic copies of documents;

15) formatno-logical control - the complex of program restrictions established on the web portal, aimed at ensuring compliance by users of the web portal of the legislation of the Republic of Kazakhstan on public procurements;

16) e-wallet - the personal account of the potential supplier placed on the bank account of the single operator in the field of public procurements, intended for implementation of the settlement transactions connected with providing bids, auction and request of price offers;

17) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

18) the digital signature - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.";

state Item 19 in the following edition:

"19. The customer, the organizer, or the single operator within five working days from the date of the decision making specified in Item 18 of these rules:

1) informs on the made decision of persons participating in the carried-out public procurements;

2) returns the brought providing bids (auction).";

to state heading of Chapter 4 in the following edition:

"Chapter 4. Organization and carrying out public procurements by method of request of price offers";

add Chapter 4 with paragraph 3-1 of the following content:

"Paragraph 3-1. Tender security on participation in public procurements by method of request of price offers

45-1. Tender security on participation in public procurements method of request of price offers is brought in the amount of one percent from the amount allocated for purchase of goods, works, services.

In case of participation in public procurements by method of request of price offers on several lots the potential supplier represents tender security on each lot separately.

45-2. The potential supplier chooses one of the following types of tender security on participation in public procurements as method of request of price offers:

1) the money which is in e-wallet of the potential supplier;

2) the bank guarantee provided in electronic form according to appendix 3-1 to these rules.

Making by the potential supplier of the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet is not allowed.

Use by the single operator of the money which is in e-wallet, except as specified, of the these rules specified in Items 45-4 and 45-5 is not allowed.

45-3. Tender security does not return to the participation in public procurements by method of request of price offers brought in the form of the electronic bank guarantee the organizer of public procurements to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner evaded from the conclusion of the agreement on public procurements;

2) the winner, having signed the agreement, did not perform or in an inadequate way performed, including out of time performed requirements about introduction and (or) terms of introduction of ensuring agreement performance.

45-4. Tender security on the participation in public procurements by method of request of price offers brought through e-wallet is blocked by the single operator and does not return to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner evaded from the conclusion of the agreement on public procurements;

2) the winner, having signed the agreement on public procurements, did not perform or in an inadequate way performed, including out of time performed, requirements about introduction and (or) terms of introduction of ensuring agreement performance about public procurements.

45-5. In case of approach of one of the cases provided by Items 45-3 and 45-4 of these rules the tender security amount on participation in public procurements by method of request of price offers is credited in the income of the relevant budget, the state company, the legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, or legal entities, affiliirovanny with them.

The single operator within five working days from the date of receipt from the customer of the statement by means of the web portal makes transfer from e-wallet of the potential supplier of the blocked money on tender security into the account specified in the statement of the customer if the potential supplier evaded from the conclusion of the agreement or having signed the agreement did not bring ensuring agreement performance.

45-6. The organizer returns to the potential supplier the tender security brought by him on participation in public procurements by method of request of price offers in the form of the electronic bank guarantee, within three working days from the date of approach of one of the following cases:

1) placements of the protocol of opening in response cases the this potential supplier of the request before the expiration of final term of submission of applications for participation in public procurements by method of request of price offers;

2) signings of the protocol on results of public procurements. The specified case does not extend to the participant determined by the winner public procurements by method of request of price offers;

3) signings by the potential supplier of the agreement on public procurements and introduction of ensuring agreement performance by it.

45-7. The single operator automatically will unblock to the potential supplier the tender security blocked by him on participation in public procurements by method of request of price offers in the following cases:

1) response the this potential supplier of the request before the expiration of final term of submission of requests in public procurements by method of request of price offers;

2) signings of the protocol on results of public procurements. The specified case does not extend to the participant determined by the winner public procurements by method of request of price offers;

3) signings by the potential supplier of the agreement on public procurements and introduction of ensuring agreement performance by it about public procurements.

45-8. Upon the demand of the potential supplier about refund, placed on its e-wallet, the single operator within three working days from receipt date of such requirement returns the specified money concerning which blocking is not performed or blocking is stopped.";

state Item 64 in the following edition:

"64. In the cases provided by subitems 1) and 3) of Item 28-2 of these rules, the chairman of tender committee determines the first head of the customer, and in cases if the allocated amount on implementation of public procurements by method of tender exceeds the vosemsottysyachekratny size of the monthly settlement indicator established for the corresponding financial year the akim of the corresponding administrative and territorial unit.

Akims of the cities of republican value and the capital are determined by chairmen of tender committee if the allocated amount on implementation of public procurements by method of tender exceeds one million the shestsottysyachekratny size of the monthly settlement indicator established for the corresponding financial year.

In the case provided by the subitem 2) of Item 28-2 of these rules, the chairman of tender committee determines the first head of the single organizer of public procurements or person fulfilling its duties or his deputy.";

state Item 114 in the following edition:

"114. The potential supplier chooses one of the following types of tender security on participation in tender:

1) the money which is in e-wallet of the potential supplier;

2) the bank guarantee provided in electronic form. Provision of the bank guarantee is on paper allowed in cases, the stipulated in Article 50 Laws.

Making by the potential supplier of the actions leading to origin at the third parties of right to claim in general or regarding the money which is in e-wallet is not allowed.

Use by the single operator of the money which is in e-wallet, except as specified, of the these rules specified in Items 117-1 and 118 is not allowed.";

exclude Item 116;

state Item 117 in the following edition:

"117. Tender security does not return to the participation in tender brought in the form of the electronic bank guarantee the organizer of public procurements to the potential supplier in case of approach of one of the following cases:

1) the potential supplier determined by the winner of tender evaded from the conclusion of the agreement on public procurements;

2) the winner of tender, having signed the agreement, did not perform or in an inadequate way performed, including out of time performed the requirements established by the tender documentation about introduction and (or) terms of introduction of ensuring agreement performance and (or) the amount according to article 26 of the Law.";

add with Item 117-1 of the following content:

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