ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 23, 2020 No. 1226

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. 19538, it is published on November 6, 2019 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) 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:

state Item 3 in the following edition:

"3. In these rules the following concepts are used:

1) unreliable information - the false data containing in the request of the potential supplier for participation in procurement by tender methods, from one source and request of price offers, and equally brought by the corrections distorting the valid content and untrue the provided request of the potential supplier;

2) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), the purchase agreements applying for the conclusion;

3) the affiliate of the potential supplier - any physical person or legal entity which has the right to determine decisions and (or) to exert impact on the decisions made by this potential supplier, including owing to the transaction made in writing, and also any physical person or legal entity concerning which this potential supplier has such right;

4) homogeneous goods, works, services - goods, works, services which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions;

5) registration on the web portal - the admission of the subject of purchasing system to participation in procurement by means of the web portal;

6) participant of the web portal - The customer, the Organizer of purchases, the potential supplier, the supplier, centralized service on control of purchases, authorized body in the field of purchases, the operator of information system of electronic procurement which was registered on the web portal;

7) affiliates of legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state - legal entities in whom fifty and more percent of voting shares (shares in the authorized capital) directly or indirectly belong to legal entities, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state. Indirect accessory means accessory to each subsequent affiliate of fifty and more percent of voting shares (shares in the authorized capital) other legal entity;

8) works - activities, having material result, and also other activities referred to works according to the laws of the Republic of Kazakhstan;

9) personal account - the automated workplace of the user on the web portal for implementation of procedures of electronic procurement, participation in procurement, and also receipt of automatic notifications and information placed on the web portal;

10) local content - percentage of cost of compensation of the citizens of the Republic of Kazakhstan involved performed by the agreement from the general fund of compensation under this agreement and (or) costs of the share (shares) of the Kazakhstan origin established in goods (goods) according to criteria of sufficient conversion or full production by residents of the Republic of Kazakhstan from total cost of goods (goods) according to the purchase agreement;

11) the industrial certificate - the document confirming the applicant's availability in the register of domestic manufacturers of goods, works and services;

12) services - the activities directed to requirements satisfaction of the Customer, which do not have material result;

13) the guaranteed order - acquisition by national managing directors of holdings, national holdings, national companies and the legal entities of the goods, works and services included in the database of goods, works, services and their suppliers affiliated with them;

14) 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;

15) residents of the Republic of Kazakhstan are the citizens of the Republic of Kazakhstan including who are temporarily abroad or being on service beyond its limits, except for the citizens having the document on the right of permanent residence in foreign state issued according to the legislation of this state;

the foreigners and stateless persons having the document on the right of permanent residence in the Republic of Kazakhstan;

the legal entities created according to the legislation of the Republic of Kazakhstan with the location on its territories, and also their branches and representations with the location in the Republic of Kazakhstan and beyond its limits;

the diplomatic, trade and other official representations of the Republic of Kazakhstan which are beyond its limits;

16) considerable depreciation of national currency of the Republic of Kazakhstan - depreciation of national currency of the Republic of Kazakhstan in relation to foreign currencies for 20 (twenty) and more percent.

Determination of considerable depreciation of national currency of the Republic of Kazakhstan is performed based on the following formula:

                                        [(R1-R 0)/R0] x 100, where

R0 - initial value of the official rate of national currency;

R1 - final value of the official rate of national currency;

17) the supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), acting as the customer's partner in the purchase agreement signed with it;

18) the initiator of purchases - the structural division and (or) the ranking officer of the Customer interested in purchase of goods, works and services, developing technical characteristic (specification), qualification requirements, and also responsible for further execution of the signed purchase agreements of goods, works and services;

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;

20) the web portal of purchases (further - the web portal) - the information system providing point of access to electronic services of purchases;

21) authorized body in the field of purchases - the central executive body performing management, and also cross-industry coordination in the field 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;

22) the procedure of the organization and carrying out purchases - complex of the interconnected, consecutive actions, the procurements conducted by the Organizer, the relevant commission according to these rules, for the purpose of the conclusion with the potential supplier the agreement;

23) subjects of purchasing system - the potential supplier, the supplier, the Customer, the Organizer of purchases, the operator in the field of purchases, authorized body, the expert;

24) centralized service on control of purchases - the service created by the Board of directors of national managing holding, national holding, national company, except for the national company which shareholder is the national managing holding or national holding, exercising internal control behind observance of rules of implementation of purchases in national managing holdings, national holdings, the national companies and the 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, according to the procedure, determined by the Law;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info