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

of April 4, 2020 No. 352

About modification and amendments in the Order of the First deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of October 31, 2019 No. 1201 "About approval of Rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company"

I ORDER:

1. Bring in the order of the First deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of October 31, 2019 No. 1201 "About approval of Rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly possess the national managing holding, national holding, the national company" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 135412, it is published on November 6, 2019 in reference control bank of regulatory legal acts of the Republic of Kazakhstan in electronic form) the following changes and amendments:

in Rules of implementation of purchases of goods, works, services by national managing directors of holdings, national holdings, national companies and organizations, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, national holding, the national company (further - Rules), approved by the specified order:

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

"5) acquisitions of the financial services connected with carrying out banking activities, performed by the National Bank of the Republic of Kazakhstan, banks and the organizations performing separate types of banking activities based on the licenses obtained according to the legislation of the Republic of Kazakhstan, and also acquisition of broker and (or) dealer services, custodial servicing and other participants in the security market, acquisitions of services in connection, servicing and use of the transport (telecommunication) systems "FASTI", "S.W.I.F.T" including connected with receipt of the bank statements and information services rendered by Kazakhstan stock exchange Joint-stock company, services of banks of the second level of the Republic of Kazakhstan and (or) the international (foreign) banks, legal consultants, financial consultants, external auditor and (or) estimative issuers of comfortable letters trustee of the investor, payment transfer agents, registrars, procedural and arbitral and other services necessary for the organization by the customer of borrowing, including issue of securities and their redemption, debt management and investment (treasurer) portfolio, Refinitiv and (or) Bloomberg of L.P., and also acquisition of the above-stated services when implementing transactions of securitization as originator according to the Law of the Republic of Kazakhstan "About project financing and securitization";";

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

"7) entertainment expenses, traveling expenses and acquisition of the services connected with traveling expenses;";

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

"15) purchases of goods, works and services within settlement of warranty case according to the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing construction";";

add Item 2 with the subitem 16) of Item in the following edition:

"16) acquisitions of financial instruments, including securities, when implementing the treasurer transactions connected with placement of temporarily free money;";

add Item 2 with the subitem 17) of Item in the following edition:

"17) acquisition of services of the confided (agent) within legal relationship on provision of the state guarantee, return of the means of the republican budget distracted in case of obligation fulfillment on the state guarantee in compliance by the budget legislation of the Republic of Kazakhstan;";

add Item 2 with the subitem 18) of Item in the following edition:

"18) acquisition of services of financial leasing and (or) purchase of goods for their subsequent transfer to leasing when implementing leasing activities, and also the goods, works and services which are directly connected with acquisition, delivery and reduction of subject of leasing in the working condition.";

19) of Item 3 to state the subitem in the following edition:

"19) 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 45 of these rules;";

34) of Item 3 to state the subitem in the following edition:

"34) the tender (auction) commission - the collegiate organ created by the organizer of purchases for accomplishment of the procedure of carrying out purchases by method of the tender and (or) auction;";

35) of Item 3 to state the subitem in the following edition:

"35) tender (auction) documentation - documentation submitted to the potential supplier for preparation of the application for participation in the tender (auction) which contains requirements to the application for participation in the tender (auction), conditions and procurement procedure by method of the tender and (or) auction;";

43) of Item 3 to state the subitem in the following edition:

"43) 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;";

44) of Item 3 to state the subitem in the following edition:

"44) the offteyk-agreement - the long-term agreement about purchases signed for the term of 36 (thirty six) and more months with the potential supplier realizing the Project on creation of new production.";

1) of Item 5 to state the subitem in the following edition:

"1) development and approval of procurement plan (preliminary, annual plan of purchases and (or) plan of long-term purchases);";

2) of Item 7 to state the subitem in the following edition:

"2) the nomenclature of goods, works, services according to the reference book, including the amounts allocated for implementation of purchases excluding tax for value added (further - the VAT);";

5) of Item 7 to state the subitem in the following edition:

"5) the planned delivery dates of goods, performance of works, rendering services according to the schedule and breakdown by years within the allocated and provided amounts for each financial year (for plans of long-term purchases);";

state Item 8 in the following edition:

"8. When scheduling purchases the Customer shall divide goods, works, services into lots by homogeneous types and (or) in the place of their delivery (accomplishment, rendering).

When forming the announcement of carrying out purchases the method of open tender and (or) method of request of price offers allow consolidation in one lot of goods, works, services in the list, according to appendix 2-2 to these rules. At the same time potential suppliers create the price offer on the integrated lot with indication of the prices of each sublot.";

state Item 9 in the following edition:

"9. Are not subject to inclusion in the procurement plans (the preliminary plan of purchases) of the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets, the data according to the state defense order and (or) containing the office information of limited distribution determined by the Government of the Republic of Kazakhstan and also the procurements conducted according to subitems 5) and 15) Item 201 of these rules.";

state Item 16 in the following edition:

"16. Purchase of goods, the works, services which are not provided by the approved (specified) procurement plan (the preliminary plan of purchases, the plan of long-term purchases), except for purchases of goods, works, services according to subitems 5) and 15) of Item 201 of these rules is not allowed.

The customer has the right to perform the procedures of purchases concerning the choice of the supplier of goods, works, services according to the approved preliminary plan of purchases of goods, works and services before approval of the relevant budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) the contract for accomplishment of the state task) both the plan(s) of purchases, and the made changes and (or) additions to them.

At the same time condition of the conclusion of the agreement is approval of the relevant budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) contracts for accomplishment of the state task) and the plan(s) of purchases and the made changes and (or) additions to them for goods, works, services concerning which the procedures of purchases concerning the choice of the supplier were performed.";

state Item 19 in the following edition:

"19. The customer to the conclusion of the agreement has the right to refuse implementation of purchases in cases:

1) expense reductions on purchase of goods, the works, services provided in the approved (specified) procurement plans (the preliminary annual plan of purchases), the relevant budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) which happened when refining (adjustment) and (or) the contract for accomplishment of the state task;

2) modification and amendments of the strategic plan, the budget (the production program and (or) investing program and (or) the budget and (or) the development plan and (or) the business plan and (or) the profit and loss budget) and (or) the contracts for accomplishment of the state task excluding need of purchase of goods, works, the services provided in the approved (specified) procurement plans (the preliminary annual plan of purchases), according to the legislation of the Republic of Kazakhstan.

At the same time modification and amendments in procurement plans (the preliminary annual plan of the purchases) directed to acquisition of such goods, works, services in the current year is not allowed.

In case of refusal from purchases of costs, incurred by the potential supplier, are not compensated.";

6) of Item 23 to state the subitem in the following edition:

"6) the potential supplier consists in the register of unfair participants of purchases and (or) in the register of unfair participants of public procurements;";

1) of Item 28 to state the subitem in the following edition:

"1) the Customer if such fact is determined after the conclusion of the agreement;";

2) of Item 28 to state the subitem in the following edition:

"2) the Organizer of purchases if such fact is determined to the conclusion of the agreement;";

state Item 37 in the following edition:

"37. Establishment of the qualification requirements provided by the subitem 4) of Item 36 of this Chapter which directly do not follow from need of accomplishment of agreement obligations about purchases of goods, works, services is not allowed.";

add with Item 46-1 of the following content:

"46-1. The qualification requirements provided by subitems 1) 3), 4), 5) and 6) of Item 36 of these rules do not extend to cases of implementation of purchases by auction method.";

add with Item 55-1 of the following content:

"55-1. The organization and carrying out purchases by method of request of price offers, provides accomplishment of the following consecutive events:

1) the direction the Customer and (or) the Initiator of purchases to the Organizer of purchases, by means of the web portal of Items of procurement plan (the preliminary plan of purchases, the plan of long-term purchases), the approved technical specification and the draft agreement for performing procedures of the organization and carrying out purchases by method of request of price offers;

2) placement on the web portal of the announcement of implementation of purchases by method of request of price offers, and also the technical specification and the draft agreement;

3) submission of price offers by potential suppliers;

4) automatic opening, comparison by the web portal of price offers, determination of the winner, and also the potential supplier who took the second place and placement on the web portal of the protocol on results of purchases by method of request of price offers;

5) the conclusion the Customer of the contract with the winner based on the protocol on results of purchases by method of request of price offers.";

state Item 57 in the following edition:

"57. In the placed information, stipulated in Item 56 these rules, content of instructions on trademarks, trade names, patents, useful models, industrial designs, the name of the place of goods origin and the name of the producer, except as specified implementation of purchases of the goods provided in appendix 2-1 to these rules is allowed.

In the placed information it is forbidden to establish conditions which involve restriction of number of potential suppliers when implementing purchases of works, services.";

state Item 58 in the following edition:

"58. The potential supplier represents only one price offer and the signed agreement containing the data provided by these rules, modification and (or) amendments in which it is not allowed.

The response by potential suppliers of the submitted price proposals before the expiration of their representation is allowed. At the same time repeated submission of price offers with the made changes before the expiration of their representation is allowed.";

state Item 59 in the following edition:

"59. Submission by the potential supplier of the price offer and signed agreement is form of expression of its consent to perform delivery of goods, performance of works, rendering services with observance of the conditions provided in the draft agreement and in the technical specification.";

state Item 61 in the following edition:

"61. The price offer and the signed agreement is submitted the potential supplier by means of the web portal to the Organizer of purchases before the termination of term of the reception of quotations specified in the announcement in form according to appendix 3 to these rules.";

state Item 62 in the following edition:

"62. The price offer and the signed agreement is deemed accepted after automatic sending by the web portal of the adequate notice to the potential supplier who submitted the price proposal.";

state Item 64 in the following edition:

"64. If the number of participants (price offers) makes less than three potential suppliers the winner the potential supplier who offered the smallest price offer with observance of conditions, stipulated in Item 365 these rules is recognized.

At the same time in cases if the number of participants (price offers) makes more than two potential suppliers the winner the potential supplier is recognized the price proposal of whom corresponds to conditions, stipulated in Item 365-1 these rules.";

exclude Item 67;

state Item 73 in the following edition:

"73. If purchases by method of request of price offers are acknowledged cancelled, the Customer has the right:

1) repeatedly to carry out purchases by method of request of price offers;

2) to change conditions of purchases and to repeatedly carry out purchases by method of request of price offers;

3) to conduct procurement by method from one source.

This Item is also applied on purchases of the goods and services which are in the list of the conditions of the these rules provided by Items 54 and 55 provided in appendix 2-1 to these rules with observance.";

add with Item 74-1 of the following content:

"74-1. Subject of purchases of method of open tender are works, services, and also the goods provided in appendices 2-1 and 2-2 to these rules.";

3) of Item 75 to state the subitem in the following edition:

"3) the direction the Customer and (or) the Initiator of purchases to the Organizer of purchases, by means of the web portal of Items of procurement plan (the preliminary plan of purchases, the plan of long-term purchases), the approved qualification requirements, the technical specification and the draft agreement for performing procedures of the organization and carrying out purchases by tender method;";

state Item 76 in the following edition:

"76. The organization and carrying out purchases by method of the tender is performed by the Organizer of purchases and (or) the Customer based on the representation by the customer and (or) Initiator of purchases of the request for implementation of purchases in the Kazakh and Russian languages containing the following documents:

1) the request for carrying out the tender signed by the first head of the Customer or person authorized by it and (or) the Initiator of purchases;

2) the qualification requirements approved by the first head of the Customer or person authorized by him in forms according to appendix 2, 3, 4 and 5 to the tender documentation, the technical specification in form according to appendix 6 to the tender documentation, the draft agreement developed on the basis of the standard agreements which are integral part of the tender documentation and structure of commission of experts or the expert of purchases in case of need of its creation (attraction).

When implementing purchases 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. 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 positive experimental testimony.

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 determining accessory of acquired goods, work, service to the certain potential supplier is not allowed.";

state Item 78 in the following edition:

"78. For performing procedures of the organization and carrying out purchases by tender method the Organizer of purchases shall approve structure of the tender commission and determine the secretary of the tender commission. The decision on creation of the tender commission and determination of the secretary of the tender commission is accepted by the first head of the Customer or person authorized by it.";

6) of Item 95 to state the subitem in the following edition:

"6) terms of payment and draft agreement;";

10) of Item 95 to state the subitem in the following edition:

"10) requirements to language of creation and submission of applications for participation in the tender, agreements according to the legislation of the Republic of Kazakhstan on languages;";

18) of Item 95 to state the subitem in the following edition:

"18) conditions, types, amount and method of introduction of ensuring agreement performance, ensuring return of advance payment (in case of establishment of advance payment), and also the amounts according to Item 363-1 of these rules;";

19) of Item 95 to state the subitem in the following edition:

"19) data on the amounts allocated for purchase of goods, works, services, which are subject of the carried-out purchases by tender method.";

state Item 96 in the following edition:

"96. In the tender documentation it is forbidden to establish conditions which involve restriction of number of potential suppliers.";

state Item 98 in the following edition:

"98. The compulsory provision of approval of the tender documentation is preliminary discussion of the draft of the tender documentation.

Notes to the draft of the tender documentation, and also inquiries can be sent to the Customer, the Organizer of purchases no later than five working days from the date of placement of the announcement of implementation of purchases for explanation of provisions of the tender documentation.

In the absence of notes to the draft of the tender documentation, and also requests on explanation of provisions of the tender documentation within five working days from the date of placement of the announcement of implementation of purchases the tender documentation is considered approved.";

state Item 105 in the following edition:

"105. The organizer of purchases no later than three working days from the date of approval of the draft of the tender documentation places on the web portal the text of the announcement of implementation of purchases by tender method, and also the draft of the tender documentation.

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