ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of May 28, 2021 No. 498

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) the following changes and amendments:

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

state Item 155 in the following edition:

"155. If the potential supplier has work experience in quality of the prime contractor (designer), 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 (subdesigner) 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 (subdesigner), the tender committee appropriates conditional discount in the amount of zero the whole one tenth percent (% 0,1) for each subsequent construction object.

The construction object is understood as the works performed within one civil agreement which subject corresponds to subject of the carried-out public procurements.

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.

Works are understood as the works performed within one civil agreement which subject corresponds to subject of the carried-out public procurements.

If the allocated amount on implementation of public procurements by method of tender (lot) does not exceed two hundred thousandfold size of the monthly settlement indicator established for the corresponding financial year, total percentage influence on the conditional price of the bid of this criterion does not exceed five percent.

If the allocated amount on implementation of public procurements by method of tender (lot) exceeds two hundred thousandfold size of the monthly settlement indicator established for the corresponding financial year, 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.";

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 on the basis of the commercial offers provided by means of the web portal at the initiative of potential suppliers and (or) at the request of the customer in the cases provided in Item 378-1 of these rules 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.

Public procurements by method from one source by the direct conclusion of the agreement on the bases provided by subitems 1) 6), 7), 8), 16), 27), 29), 30), 31), 33), 36), 37), 38), 40), 41), 51) and 56) of Item 3 of article 39 of the Law are performed taking into account the formatno-logical control established on the web portal.

Public procurements by method from one source by the direct conclusion of the agreement on the basis provided by the subitem 42) of Item 3 of article 39 of the Law are performed from the electronic catalog of goods.

The customer within one working day from the date of determination of the winner of public procurements from the electronic catalog of goods, sends by means of the web portal to the winner inquiry of information about person signing the agreement and details of the supplier for execution of the agreement.

At the same time customers are not allowed to refuse the conclusion of the agreement, except cases, - provided in Item 13 of article 5 of the Law.

Public procurements according to the subitem 42) of Item 3 of article 39 of the Law are conducted without use of the electronic catalog of goods in cases:

1) lack of the purchased goods in the electronic catalog of goods;

2) refusal of the potential supplier who placed goods in the electronic catalog of goods from agreement signature;

3) unavailability of delivery of the purchased goods placed in the electronic catalog of goods for the region of the customer;

4) excesses of cost of the goods placed in the electronic catalog of goods to the planned amount of the goods which are purchased by the customer.

At the same time in the cases provided by subitems 2) 3) and 4) of this Item of the characteristic of the purchased goods for the technical specification to the agreement are created of data of the electronic catalog of goods.";

state Items 378-1 and 378-2 in the following edition:

"378-1. When implementing of public procurements, conducted based on subitems 6), 7), 15), 28), 46), 50), 51), 53) and 54) Item 3 of article 39 of the Law, the customer for determination of the potential supplier, by means of the web portal sends inquiries for provision of commercial offers to at least three potential suppliers performing the activities in the market of the purchased goods, works, services, including in similar (similar) goods, works, the services determined by analysis results of the market of the purchased goods, works, services by studying of the public sources of information containing in advertizing, catalogs, descriptions of goods, works, services and in other offers turned to the uncertain group of people, including recognized by public offers according to the Civil legislation of the Republic of Kazakhstan.

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