ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of January 14, 2022 No. 35

About modification of 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 at No. 12590) the following change:

to be reworded as follows the rules of implementation of public procurements approved by the specified order (further – Rules) according to appendix to this order.

2. To provide to department of the legislation of public procurements and purchases of the quasi-public sector of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. Determine that Item 93 of Rules during the period inclusive is effective from January 10 to February 28, 2022 in the following edition:

"93. Reliability of the data and documents confirming work experience of the potential supplier on designing over the last ten years including for the current year are confirmed by letters of the expert organizations performing complex non-departmental examination of the projects provided by means of the web portal with use of the digital signature of such expert organization based on addresses of potential suppliers.".

4. This order is subject to official publication and becomes effective since January 10, 2022, except for Items 273 and 274 of Rules which become effective since July 1, 2022.

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of January 14, 2022 No. 35

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of December 11, 2015 No. 648

Rules of implementation of public procurements

1. These rules of implementation of public procurements (further – Rules) are developed according to the Law of the Republic of Kazakhstan "About public procurements" (further – the Law), the laws of the Republic of Kazakhstan "About the electronic document and the digital signature", "About informatization" and determine procedure of public procurements.

2. Rules do not extend to public procurements using special procedure of public procurements.

Chapter 1. General provisions

3. In these rules the following concepts are used:

1) indicator of financial stability of the potential supplier – the set of indicators according to the income paid to taxes and the salary fund of the potential supplier determined by the web portal automatically according to data of information systems of bodies of state revenues, applied according to the procedure, determined by Item 293 of these rules;

2) the participant of the web portal – the customer, the organizer, the single organizer, the potential supplier who was registered on the web portal;

3) 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;

4) 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;

5) 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;

6) 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;

7) 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;

8) 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;

9) authorized body in the field of public procurements (further – authorized body) – the state body performing management in the field of public procurements;

10) 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 according to the procedure determined by these rules;

11) 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;

12) 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;

13) the organizer of public procurements (further – the organizer) – the legal entity or structural division acting on behalf created it the legal entity performing the organization and carrying out public procurements according to article 7 of the Law;

14) the ofteyk-contract – the agreement on the guaranteed purchase signed between the customer and the potential supplier in the future the goods planned to production;

15) the electronic catalog of goods – the information subsystem of the web portal intended for forming of the unified description of goods for the purpose of the automated identification of the purchased goods;

16) 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 44 of these rules;

17) 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;

18) 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;

19) e-wallet – the personal account of the potential supplier or supplier used by the single operator for reflection of transactions of the potential supplier or the supplier in case of introduction by it of the money for its bank account, opened in the central authorized body on budget implementation according to the procedure determined by authorized body connected with:

providing bids, auction and request of price offers;

ensuring agreement performance;

providing advance payment (if the agreement provides advance payment);

introduction of the amount according to article 26 of the Law (in the presence);

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

21) 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.

22) the starting price – the price offered by the potential supplier before holding the auction, attached to the auction participation application which is not lower than the allocated auction subject amount more than for five percent;

23) conciliation commission – the permanent collegiate organ created by the customer according to the procedure, determined by the Law, considering addresses of the potential suppliers included in the register of unfair participants of public procurements owing to evasion from the conclusion of the agreement;

24) the framework agreement – the agreement signed between the single organizer and (or) the organizer with potential suppliers by results of carrying out centralized public procurements for the purpose of the subsequent conclusion of the contract between the customer and the participant of the framework agreement;

25) electronic shop – the unified information system determined by the single operator, integrated with the web portal in which the potential suppliers conforming to the requirements determined by authorized body place information on goods and their prices.

4. Other concepts used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

Chapter 2. Planning of public procurements

5. The decision on implementation of public procurements is made by the customer based on the approved or specified annual plan of public procurements (the preliminary annual plan of public procurements), except as specified, of stipulated in Item 21 these rules.

6. The annual plan of public procurements is developed and affirms the customer based on the relevant budget (the development plan, individual funding plan) in form according to appendix 1 to these rules.

7. The customer, according to Item 2 of article 5 of the Law, based on the positive offer of the relevant budget commission before approval (refining) of the relevant budget develops and approves the preliminary annual plan of public procurements in form according to appendix 1 to these rules.

8. Customers, being the state companies, legal entities, more than fifty percent of voting shares (share in the authorized capital) which belong to the state develop and approve the preliminary annual plan of public procurements before approval of the development plan.

The preliminary annual plan of public procurements is developed and affirms as the specified cases separately both at stages before approval, and at stages before refining of the relevant budget (development plan).

9. The preliminary annual plan of public procurements is effective before approval (refining) of the annual plan of public procurements. The customer by means of the web portal transfers data from the preliminary annual plan of public procurements to the approved annual plan of public procurements, except for the data which are not approved in the relevant budget (development plan).

10. The annual plan of public procurements affirms (is specified) by the customer within ten working days from the date of approval (refining) of the relevant budget (development plan) or individual funding plan.

11. The annual plan of public procurements (the preliminary annual plan of public procurements) contains the following data:

1) identification code of public procurement;

2) the nomenclature of goods, works, services according to the reference book, including the amounts allocated for implementation of public procurements, excluding tax for value added;

3) method and terms of implementation of public procurements;

4) the planned terms and the place of delivery of goods, performance of works, rendering services;

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 in cases, the stipulated in Article 43 Laws;

6) conditions of implementation of public procurements according to article 51 of the Law.

12. When implementing public procurements of goods on which the decision of the Government of the Republic of Kazakhstan according to the order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1178 "About approval of Rules of establishment of withdrawals from national treatment when implementing public procurements" establishes withdrawals from national treatment the goods made by the potential supplier who is in the register of domestic manufacturers of goods, works and services are allowed to public procurements.

The document confirming production of goods by the potential supplier who is in the register of domestic manufacturers of goods, works and services is the Industrial certificate issued by National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken.

Compliance of the potential supplier to requirements imposed in this Item is determined by the web portal automatically on the basis of the entrepreneurs of the Republic of Kazakhstan of Atameken this by National chamber.

13. In case of creation of the annual plan of public procurements (the preliminary annual plan of public procurements), the customer according to Item 3 of article 5 of the Law, divides goods, works, services into lots by their homogeneous types and in the place of their delivery (accomplishment, rendering).

14. According to Item 5 of article 5 of the Law, approval (refining) of the annual plan of public procurements in the amount which is not corresponding to the budget (development plan) in total on specifics to economic classification (expenditure items) according to which the conclusion of agreements on public procurements is required is not allowed.

15. When implementing public procurements of works on which there are design estimates, customers according to Item 5 of article 5 of the Law in the annual plan of public procurements (the preliminary annual plan of public procurements):

1) specify advance payment (advance payment) in the amount of thirty percent from the amount allocated for implementation of public procurements, excluding tax for value added;

2) place the design estimates which passed the examination in compliance the legislation of the Republic of Kazakhstan on the web portal.

16. The customer within five working days from the date of approval of the annual plan of public procurements (the preliminary annual plan of public procurements) places it on the web portal, except for the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) the data containing office information of limited distribution.

17. Customers, according to Item 7 of article 5 of the Law, make changes and (or) additions to the annual plan of public procurements no more than two times a month.

18. The requirement of Item 17 of these rules does not extend to cases:

1) implementation of public procurements by the state companies, legal entities, more than fifty percent of voting shares (shares in the authorized capital) which belong to the state, and the legal entities affiliated with them;

2) execution of instructions, notifications on elimination of the violations revealed by results of control actions, including by results of cameral control;

3) distributions of the distributed budget programs, and also implementation of public procurements when refining (adjustment) of the relevant budget according to the legislation of the Republic of Kazakhstan.

4) the decision making provided by the subitem 1) of part one of Item 2 of article 22 of the Law;

5) purchases of goods, services connected with entertainment expenses;

6) purchases of goods, works, services due to economy following the results of the carried-out public procurements.

19. The customer within five working days from the date of decision making about modification and (or) amendments in the annual plan of public procurements (the preliminary annual plan of public procurements) places the made changes and (or) additions on the web portal, except for the data constituting the state secrets according to the legislation of the Republic of Kazakhstan on the state secrets and (or) the data containing office information of limited distribution which are represented to authorized body without use of the web portal.

20. The customer no later than ten working days from the date of approval of the annual plan of public procurements (the preliminary annual plan of public procurements) or modification and (or) amendments of the annual plan of public procurements (the preliminary annual plan of public procurements) provides to the single organizer information on the planned public procurements of goods, works, services.

21. Are not subject to inclusion in the annual plan of public procurements (the preliminary annual plan of public procurements) of the data on the public procurements conducted according to subitems 4), 9), 31), 32) and 35) Item 3 of Article 39 and article 50 of the Law.

22. Purchase of goods, the works, services which are not provided by the approved (specified) annual plan of public procurements (the preliminary annual plan of public procurements), except for purchases of goods, works, services according to subitems 4), 9), 31), 32) and 35) of Item 3 of Article 39 and article 50 of the Law is not allowed.

23. The customer to the conclusion of the agreement, according to Item 13 of article 5 of the Law can refuse implementation of public procurements in cases:

1) reducings (not inclusion) expenses on purchase of goods, the works, services provided in the approved (specified) annual plan of public procurements (the preliminary annual plan of the public procurements) which happened in case of approval (refining, adjustment) of the relevant budget, approval of the budget statement, according to the legislation of the Republic of Kazakhstan;

2) the modification and amendments of the strategic plan of state body, the budget (the development plan, individual funding plan) of the customer excluding need of purchase of goods, works, the services provided in the approved (specified) annual plan of public procurements (the preliminary annual plan of public procurements), according to the legislation of the Republic of Kazakhstan.

In the case provided by the subitem 2) of part one of this Item, modification and amendments in the annual plan of public procurements (the preliminary annual plan of the public procurements) directed to acquisition of such goods, works, services in the current year are not allowed.

24. The customer, the organizer, or the single operator within five working days from the date of the decision making specified in Item 23 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).

Chapter 3. Procedure for determination of the organizer or single organizer

Paragraph 1. Procedure for determination of the organizer

25. For performing procedures of the organization and carrying out public procurements the customer determines the organizer and the official of the customer representing the interests of the last in the forthcoming public procurements, except as specified, when the customer and the organizer act in one person.

26. As the organizer the customer on behalf of the structural division or the official, the actionee of procedures of the organization and carrying out public procurements can act.

27. The customer, according to Item 2 of article 7 of the Law has the right to determine the organizer subordinated public institution of the customer.

28. The customer, according to Item 3 of article 7 of the Law has the right to act as the organizer for several public institutions subordinated to the customer.

29. The customer, according to item 4 of article 7 of the Law has the right for several public institutions subordinated to the customer, to determine among them the organizer.

30. The administrator of the budget program, according to Item 5 of article 7 of the Law has the right to act as the organizer for public institution subordinated to it, the legal entity concerning whom he acts as state body, or persons affiliated with the legal entity concerning whom the administrator of the budget program acts as state body.

The administrator of the budget program according to part two of Item 5 of article 7 of the Law has the right for several legal entities concerning whom he acts as state body, departments and the subordinated organizations to determine among them the organizer of public procurements.

The state company according to part three of Item 5 of article 7 of the Law has the right to act as the organizer of public procurements for persons, affiliirovanny with it.

The legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, according to part four of Item 5 of article 7 of the Law has the right to act as the organizer of public procurements for persons, affiliirovanny with it.

31. The organizer determines the official representing him in relations with the customer, except as specified, when the customer and the organizer act in one person, potential suppliers, the relevant commissions and the expert. The representative of the organizer is determined from number of persons employed of structural division, the actionee of procedures of the organization and carrying out public procurements.

Paragraph 2. Procedure for determination of the single organizer

32. Centralized public procurements are conducted by single organizers.

33. The authorized body determines inventories, works, services on which public procurements are conducted by single organizers.

34. The single organizer conducts centralized public procurements:

1) according to the inventory, works, services determined by authorized body;

2) according to the inventory, works, services determined by authorized body, way of consolidation of homogeneous goods, works, services in one lot irrespective of the place of their delivery (accomplishment, rendering).

Chapter 4. The qualification requirements imposed to potential suppliers

Paragraph 1. The qualification requirements imposed to potential suppliers

35. According to Item 1 of article 9 of the Law the following qualification requirements are imposed to potential suppliers:

1) to have legal capacity (for legal entities), civil capacity to act (for physical persons);

2) to be financially steady and not to have the tax debt exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

Financial stability of the potential supplier is determined according to the procedure, determined by these rules;

3) not to be subject to insolvency proceeding or liquidation;

4) to have the material, labor and financial resources sufficient for obligation fulfillment under the agreement;

5) experience of work (except as specified when subject of public procurements availability of the license and (or) permission at the potential supplier is recognized).

36. The qualification requirements provided by the subitem 2) regarding possession of financial stability, 4) and 5) of Item 35 of these rules do not extend to subcontractors (collaborators).

Paragraph 2. Procedure for determination of compliance of the potential supplier to qualification requirement regarding possession of legal capacity

37. Legal capacity of the potential supplier performing types of activity on occupation which receipt of permission, the direction of the notification is necessary proves to be true by means of information systems of state bodies according to the legislation of the Republic of Kazakhstan on informatization.

38. In case of lack of data in information systems of state bodies the potential supplier represents notarially attested or electronic copy of the corresponding permission (notification) got (directed) according to the legislation of the Republic of Kazakhstan.

39. Establishment of requirements for permission availability (the direction of the notification) and (or) subspecies of such allowing document which directly do not follow from need of accomplishment of agreement obligations is not allowed.

Paragraph 3. Procedure for determination of compliance of the potential supplier to qualification requirement in the form of its financial stability

40. The qualification requirement in the form of financial stability of the potential supplier is imposed to the potential suppliers participating in public procurements:

1) goods if the allocated amount of the corresponding public procurement (lot) exceeds the chetyretysyachekratny size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;

2) works if the allocated amount of the corresponding public procurement (lot) exceeds the twenty-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;

3) services if the allocated amount of the corresponding public procurement (lot) exceeds the eight-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

41. The qualification requirement in the form of financial stability of the potential supplier is imposed regardless of the allocated amount of public procurement (lot), in cases of implementation of public procurements:

1) works on development of the feasibility statement, project and estimate (standard project and estimate) documentation and town-planning projects;

2) works on complex non-departmental examination of construction projects of objects;

3) engineering services in technical supervision and (or) project management;

4) goods, works, services which public procurements are conducted according to the standard competitive (auction) documentation developed and approved according to the subitem 7) of article 16 of the Law.

42. The qualification requirement in the form of financial stability of the potential supplier does not extend to the potential suppliers participating in public procurements according to article 51 of the Law.

43. Financial stability of the potential supplier is determined by the web portal automatically based on the following data of bodies of state revenues:

1) income;

2) the paid taxes;

3) fixed assets;

4) salary fund.

44. The potential supplier is recognized financially steady if he corresponds in total to the following conditions:

1) the income of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least one second part of the amount allocated for implementation of public procurement;

2) the indicator of the paid taxes within three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least three percent from the income of the potential supplier.

For the purposes of these rules measure calculation of the paid taxes is determined according to data of information systems of bodies of state revenues on the following formula:

PUN = UN / SD x 100%,

where:

PUN – indicator of the paid taxes;

UN – the amount of the paid taxes for the calculated three-year period;

SD – income amount of the potential supplier for the calculated three-year period;

3) the cost of fixed assets of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues constitutes at least one fifteenth part of the amount allocated for implementation of public procurement, but no more chetyrestatysyachekratny size of the monthly settlement indicator established for the corresponding financial year;

4) the salary fund of workers of the potential supplier within three years preceding previous year according to data of information systems of bodies of state revenues constitute at least one fifteenth part of the amount allocated for implementation of public procurement.

45. The potential supplier participating in public procurements of goods is recognized financially steady if he corresponds in total to the conditions provided in subitems 1) and 2) of Item 44 of these rules.

46. The potential supplier participating in public procurements on retail and wholesale of fuels and lubricants and also the potential supplier who signed the agreement on industrial assembly of vehicles and (or) agricultural machinery with authorized body in the field of the state support of industrial activities are recognized financially steady if their indicator of the paid taxes calculated according to the subitem 2) of Item 44 of these rules constitutes at least one percent from its income.

47. The potential supplier participating in public procurements of services is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 44 of these rules.

48. The potential supplier participating in public procurements of services in financial leasing is recognized financially steady if it corresponds in total to the conditions provided in subitems 1) and 4) of Item 44 of these rules.

49. The potential supplier belonging to small business entity and participating in public procurements of works is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 44 of these rules.

50. The potential supplier participating in public procurements of works on development of the feasibility statement, project and estimate (standard project and estimate) documentation and town-planning projects, and also works on complex non-departmental examination of construction projects of objects is recognized financially steady if he corresponds in total to the conditions provided in subitems 1), 2) and 4) of Item 44 of these rules.

51. The potential suppliers applying special tax regime and recognized by subjects of microentrepreneurship or small business tax-exempt according to article 57-4 of the Law of the Republic of Kazakhstan "About enforcement of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code)" (further – the Law on enforcement of the Tax code) for the period from January 1, 2020 to January 1, 2023, are recognized financially steady if their indicator of the paid taxes calculated according to the subitem 2) of Item 44 of these rules constitutes at least three percent from its income.

At the same time for the period releases of the above-stated persons from tax payment, the amount of the estimated tax is considered as payment in case of measure calculation of the paid taxes.

The list of such persons is determined by the web portal automatically on the basis of data of bodies of state revenues.

52. Data of bodies of state revenues, are updated on the web portal once within calendar year no later than the October 1 preceding year of data application of data for the purposes of determination of financial stability of the potential supplier.

At the same time data of bodies of state revenues on financial stability of potential suppliers are updated on the web portal for the last calculated year of the three-year period.

53. In cases of identification by bodies of state revenues of the facts of misstatement, decrease, not reflection and/or unreasonable overestimate of indicators of financial stability, including by submission by potential suppliers of additional forms of tax statements and (or) withdrawal of tax declarations authorized body:

Adjusts 1) on the web portal of the data on such potential suppliers according to actual data of bodies of state revenues;

2) in cases, the stipulated in Article 11 Laws takes measures for inclusion of such potential suppliers in the register of unfair participants of public procurements.

Paragraph 4. Procedure for determination of compliance of the potential supplier to qualification requirement regarding lack of tax debt

54. The tax debt and debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments in the amount of, exceeding sixfold monthly settlement indicator established for the corresponding financial year by the law on the republican budget is determined by the web portal automatically based on data of bodies of state revenues.

Paragraph 5. Procedure for determination of compliance of the potential supplier to qualification requirement regarding their non-participation in insolvency proceeding or liquidation

55. Compliance of the potential supplier to qualification requirement regarding his non-participation in insolvency proceeding or liquidation, is determined by means of information placed on Internet resource of the authorized body exercising control of carrying out insolvency proceedings or liquidation.

Paragraph 6. Procedure for determination of compliance of the potential supplier to qualification requirements regarding possession material and to manpower

56. Material and the manpower necessary for execution of contractual commitments within public procurements by method of tender and auction are specified in qualification requirements according to the applications installed by these rules.

57. When implementing public procurements of works in the field of construction (new construction, expansion, modernization, upgrade, reconstruction, restoration and capital repairs of the existing objects), development of the feasibility statement, design estimates and town-planning projects, the document confirming possession of the potential supplier material and manpower, the corresponding permission (license) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications is.

58. The potential suppliers having the corresponding permission (notification) to installation and construction works and participating in public procurements of the works which are not connected with construction (the running or average repair of the existing objects, the improvement or other work types which are not connected with construction) confirm possession material and manpower with the corresponding permission (license) issued according to the legislation of the Republic of Kazakhstan on permissions and notifications.

59. To the potential suppliers participating in public procurements of goods the qualification requirement regarding possession material and manpower is not shown.

The qualification requirement regarding possession material and manpower when implementing public procurements of separate goods is provided in the standard tender documentation (auction documentation) developed and article 16 of the Law approved according to the subitem 7).

60. According to Item 2 of article 9 of the Law, establishment of qualification requirements regarding possession material and manpower which is not allowed:

1) are limited and unreasonably complicate participation of potential suppliers in public procurements;

2) directly do not follow from need of accomplishment of agreement obligations about public procurements.

61. If the tender documentation contains the requirement for availability of material resources, the document confirming the right of lease of material resources is the electronic copy of the lease agreement or the electronic copy of the provisional agreement of lease. At the same time, the lease term under agreements constitutes at least timeline for delivery of services, established in the tender documentation.

62. Submission of the electronic copy of the agreement of the sublease of material resources is not allowed.

63. In case of availability of the requirement for years of service, the document confirming the worker's years of service is the electronic copy of the statement from the single accumulation pension fund about the listed compulsory pension contributions or data from the State Social Insurance Fund on the made social assignments and one of the documents provided by subitems 1), 2), 3), 4), 5) and 8) of Article 35 of the Labor code of the Republic of Kazakhstan.

At the same time the years of service of the worker are considered over the last ten years.

Paragraph 7. Procedure for determination of compliance of the potential supplier to qualification requirement regarding experience of work

64. The qualification requirement regarding experience of work of the potential supplier in the market of the purchased goods, works, services, including in similar (similar) types of goods, works, services can be established in tender (auction) documentation taking into account the requirements established by these rules.

65. If on implementation of public procurements of works and services availability of the corresponding permission of the first or second category according to the legislation of the Republic of Kazakhstan on permissions and notifications is required, the qualification requirement on availability is not imposed on work experience;

66. Qualification requirement regarding experience of work of the potential supplier in the market of the purchased services, including in similar (similar) types of service taking into account requirements of Item 65 of these rules if necessary are established according to the list, according to appendix 2 to these rules.

67. The qualification requirement regarding experience of work is not imposed to the potential suppliers participating in public procurements of goods.

68. Qualification requirement regarding experience of work of the potential supplier in the market of the purchased works and services, including in similar (similar) work types and services taking into account requirements of Item 65 of these rules if necessary are established in the tender documentation (auction documentation), according to the following criteria:

1) one year if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the twenty-five-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

2) two years if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

3) three years if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

4) four years if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the hundred-fifty-thousandfold size of the monthly settlement indicator established for the corresponding financial year;

5) five years if the allocated amount on implementation of public procurements by method of tender (lot) or auction exceed the two hundred-thousandfold size of the monthly settlement indicator established for the corresponding financial year.

69. The standard tender (auction) documentation developed and approved according to the subitem 7) of article 16 of the Law can provide other procedure for establishment of qualification requirement regarding experience of work of the potential supplier.

Chapter 5. Public procurements of goods from the electronic catalog of goods

70. Public procurements of goods from the electronic catalog of goods are conducted according to the inventory approved by authorized body.

71. When implementing public procurements of the goods included in the inventory on which public procurements are conducted from the electronic catalog the technical specification offered by the potential supplier, the goods offered them is created of the electronic catalog on form according to appendix 3 to these rules.

72. When forming the request of the potential supplier the technical specification of the goods offered them is created of the electronic catalog on public procurements by methods of tender, auction, request of price offers, electronic shop and of one source by the direct conclusion of the agreement.

Chapter 6. Procedure for determination of dumping price

Paragraph 1. Procedure for determination of dumping price when implementing public procurements by tender method

73. The price of the bid of the potential supplier of works is recognized dumping if it the low price specified in the feasibility statement (for development of the design estimates) and the design estimates which passed the examination according to the legislation of the Republic of Kazakhstan (the technical documentation intended for average repair of the existing highways public), more than for five percent.

74. The price of the bid of the potential supplier of works on development of the feasibility statement, project and estimate (standard project and estimate) documentation and town-planning projects is recognized dumping if it the low price calculated by the customer according to the regulating documents on pricing in construction approved by the order of the Chairman of Committee on cases of construction and housing and communal services of the Ministry for Investments and Development of the Republic of Kazakhstan of November 14, 2017 No. 249-nk "About approval of regulating documents on pricing in construction" (it is registered in the Register of state registration of regulatory legal acts at No. 16073), more than for ten percent.

75. 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).

76. 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 ten percent.

77. The price of the bid of the potential supplier of goods, works (except for the works provided in Items 73, of 74, of 75 these rules), services (except for services, stipulated in Item 76 these rules), is recognized dumping if it the low price allocated for tender more than for twenty percent.

78. Representation of dumping price on public procurements of goods, works, services, stipulated in Item 77 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.

79. In the cases provided by Items 73 - 76 these rules representation of dumping prices is not allowed.

Paragraph 2. Procedure for determination of dumping price when implementing public procurements by method of request of price offers

80. The price proposal of the potential supplier participating in public procurements by method of request of price offers is recognized dumping if it is more than thirty percent lower than the arithmetic-mean price of all provided price offers.

Such price offer according to article 26 of the Law is subject to variation the web portal automatically.

Paragraph 3. Procedure for determination of dumping price when implementing public procurements through electronic shop

81. The price proposal of the potential supplier on goods placed in electronic shop is recognized dumping if it is more than fifty percent lower than the arithmetic-mean price of all price proposals of the potential suppliers who placed information on the specified goods.

Such price offer according to article 26 of the Law is subject to variation electronic shop automatically.

Chapter 7. Special conditions of participation in public procurements of temporary associations of legal entities (consortium)

82. In case of participation in public procurements of temporary associations legal entities (consortium), the legal entities who are members of this consortium in addition to the documents established by these rules for confirmation of the qualification requirements represent the following electronic copies of documents or electronic documents:

1) the agreement on joint economic activity signed between members of legal entities (the konsortsialny agreement);

2) licenses for the right of provision of goods, performance of works, rendering services regarding the activities provided by the agreement on joint economic activity.

In case of participation of consortium in tender calculation of the criteria influencing the competitive price offer is applied to the main member of the consortium determined by the konsortsialny agreement.

At the same time the agreement is signed with the member of consortium to whom the criteria influencing the competitive price offer are applied.

83. All members of consortium need to conform to the qualification requirements provided by subitems 1), 2) and 3) of Item 1 of article 9 of the Law and also not to have restrictions, the stipulated in Article 6 Laws.

84. The consortium is recognized to the conforming qualification requirements, regarding possession corresponding material and manpower, and also possession of legal capacity on implementation of separate types of activity on which occupation receipt of permission, according to the legislation of the Republic of Kazakhstan on permissions and notifications, in case of compliance to the specified requirements of one or several members of consortium is necessary.

At the same time, legal capacity of the main member of consortium on implementation of separate types of activity on which occupation receipt of permission is necessary according to the legislation of the Republic of Kazakhstan on permissions and notifications corresponds to subject of the carried-out public procurements.

85. The consortium is recognized to conforming qualification requirement provided by the subitem 5) of Item 1 of article 9 of the Law, in case of compliance to the specified requirement of the main member of consortium.

Chapter 8. Forming and maintaining electronic depositary

86. The electronic depositary is created on the web portal according to the inventory, works, services, according to appendix 4 to these rules.

87. The electronic depositary is created by department of authorized body and its territorial subdivisions based on the data and documents confirming work experience, brought by potential suppliers by means of the web portal according to appendix 5 to these rules.

88. The electronic depositary is created by confirmation of reliability of the data and documents confirming work experience of the potential suppliers brought in electronic depositary.

89. The data and documents confirming work experience of the potential supplier over the last ten years including for the current year, are introduced in electronic depositary by department of authorized body and its territorial subdivisions after confirmation of their reliability.

Requests of potential suppliers about entering into electronic depositary of the data and documents confirming work experience over the last ten years including for the current year, are created by the potential supplier and move by means of the web portal.

Such requests of potential suppliers are considered by department of authorized body and its territorial subdivisions within ten working days.

90. For the purpose of confirmation of reliability of the data and documents confirming work experience of the potential supplier over the last ten years including for the current year, such potential supplier addresses to the relevant state bodies, and also to official and other physical persons and legal entities according to the procedure, determined by these rules.

91. Requests of potential suppliers about entering into electronic depositary of the data and documents confirming work experience on installation and construction works over the last ten years including for the current year, on the objects financed by budgetary funds, department of authorized body and its territorial subdivisions are considered taking into account the following requirements:

1) reliability of the data and documents confirming work experience of the potential supplier is determined by the objects financed by budgetary funds and put into operation since January 1, 2014 on the basis of these bodies of treasury;

2) reliability of the data and documents specified in the request of the potential supplier on the objects financed by budgetary funds and put into operation till January 1, 2014 prove to be true:

the customer (in case of reorganization – the customer's legal successor) and (or) the owner;

the authorized body performing functions in the field of architecture and town planning or the body exercising the state architectural construction supervision or authorized body in the field of state registration of the rights to real estate in the location of construction object;

At the same time such confirmation is performed based on addresses of potential suppliers by letters from at least one of the above-stated persons provided by means of the web portal with use of the digital signature of such persons;

3) compliance of the documents confirming work experience of the potential supplier to the forms approved by authorized body in the field of architectural, town-planning and construction activities according to article 20 of the Law of the Republic of Kazakhstan "About architectural, town-planning and construction activities in the Republic of Kazakhstan".

In case of discrepancy of documents to the requirements specified in part one of this subitem, such documents are recognized reliable and are introduced in electronic depositary in cases if there is confirmation of reliability of such documents:

from bodies of treasury for the objects financed by budgetary funds and put into operation since January 1, 2014;

from one of persons specified in the subitem 2) of this Item;

the judgment which took legal effect.

92. Requests of potential suppliers about entering into electronic depositary of the data and documents confirming work experience on installation and construction works over the last ten years including for the current year on the objects financed by extrabudgetary funds by department of authorized body and its territorial subdivisions are considered taking into account the following requirements:

1) the data and documents confirming work experience of the potential supplier on technically difficult objects are considered according to Item 91 of these rules;

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