ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 31, 2022 No. 45

About modification and amendments in the order of the Minister of investments and development of the Republic of Kazakhstan of May 21, 2018 No. 355 "About approval of Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on production of solid minerals"

I ORDER:

1. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of May 21, 2018 No. 355 "About approval of Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on production of solid minerals" (it is registered in the Register of state registration of regulatory legal acts for No. 17064) the following changes and amendments:

in Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on production of the solid minerals approved by the specified order:

state item 4 in the following edition:

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

1) the potential supplier – the physical person performing business activity, the legal entity, temporary consolidation legal entities (consortium) applying for the conclusion of the agreement on acquisition I RUB;

2) homogeneous I RUB – I RUB which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and to be interchangeable;

3) the register of the goods, works and services used when carrying out transactions on subsurface use and their producers (further – the register) – the state information system intended for control and monitoring of purchases I RUB, the transactions used when carrying out on subsurface use, and their producers, and also carrying out the electronic procurement and forming of the inventory, works and services used when carrying out transactions on subsurface use;

4) the authorized person of the subsoil user (contractor) – the physical person or legal entity authorized by the subsoil user (contractor) to perform acquisition on behalf of the subsoil user (contractor) I RUB when carrying out transactions on production of solid minerals according to these rules;

5) the supplier – the physical person performing business activity, the legal entity, temporary consolidation legal entities (consortium) acting as the customer's partner in the agreement on acquisition signed with it I RUB;

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

7) the administrator of system – the owner or the owner of system;

8) National certification center of the Republic of Kazakhstan – the certification center providing means of the digital signature and registration certificates to physical persons or legal entities for forming of electronic documents in the state and non-state information systems;

9) goods of the Kazakhstan origin – goods on which the certificate of origin for the internal address confirming its origin in the territory of the Republic of Kazakhstan is issued;

10) the Kazakhstan producer of goods – the citizens of the Republic of Kazakhstan and (or) legal entities of the Republic of Kazakhstan making goods of the Kazakhstan origin;

11) financial year – the period of time determined according to the budget legislation of the Republic of Kazakhstan;

12) complex work – the set of works and services including accomplishment of project and (or) prospecting works, "turnkey" construction, supply of equipment or the software of "turnkey" (licensed software), management of project and prospecting works, "turnkey" construction and accompanying the specified works delivery of goods, rendering services;

13) tender committee – the collegiate organ created by the customer for accomplishment of the procedure of carrying out acquisition I RUB according to the procedure and the methods established by subitems 1), 3) of Item 6 of these rules;

14) the tender documentation – documentation approved by the customer which contains conditions of holding open tender and open tender on lowering (the electronic biddings), represented to the potential supplier for preparation of the bid;

15) the electronic copy of the document – the document which is completely reproducing type and information (data) of the authentic document in electronic and digital form;

16) services – the activities directed to requirements satisfaction of the customer, which do not have material result;

17) the contractor – the physical person or legal entity involved by the subsoil user or his authorized person for accomplishment of the separate work types connected with carrying out transactions on production of solid minerals;

18) purchase code – the code created by the register (system) when forming announcements of acquisition I RUB by the methods specified in subitems 1), 3) of Item 6 of these rules or when forming the protocol of summing up acquisition I RUB by the method specified in the subitem 2) of Item 6 of these rules;

19) the customer – the subsoil user, the contractor, the authorized person of the subsoil user (contractor) performing acquisition I RUB according to these rules;

20) goods – objects (things), including semifinished products or raw materials in strong, liquid or gaseous state, electrical and heat energy, objects of intellectual property right, and also the corporeal rights with which it is possible to make transactions of purchase and sale according to the laws of the Republics Kazakhstan;

21) acquisition I RUB – acquisition at the expense of own means I RUB, the transactions used when carrying out on production of the solid minerals necessary for accomplishment of obligations of the license (contract) for the subsurface use performed according to the procedure and the methods established by these rules;

22) essential terms of the contract about acquisition I RUB – conditions about the subject of the agreement, terms and the place of delivery of goods, performance of works, rendering services and payment procedure;

23) "turnkey" construction – construction, its providing and delivery to the customer of object, ready for operation;

24) supply of equipment or the software of "turnkey" (licensed software) – complex of works on designing, production (development), delivery, installation and commissioning, installation of the equipment or the software (licensed software) and to their guarantee maintenance;

25) the administrator of the register – authorized body in the field of solid minerals;

26) the conditional price – the price calculated taking into account conditional decrease in the price offer of the bid of the potential supplier which is the Kazakhstan RUB producer, by twenty percent and used only in case of assessment and comparison of bids for the purpose of determination of the winner of open tender, open tender on lowering (the electronic biddings);

27) system of electronic procurement (further – system) – the electronic information system used by organizers of purchase (the subsoil users or persons authorized by subsoil users) for acquisition I RUB according to these rules.";

state Item 9 in the following edition:

"9. Use of the register and system for potential suppliers is non-paid.

Information placed by the customer and potential suppliers is not recognized confidential the register (system).

The customer has no access to viewing of bids, protocols of consideration of bids and summing up open tender, open tender to lowering (the electronic biddings) which initiator he was not.

The potential supplier has no access to viewing of bids, protocols of consideration of bids and summing up open tender, open tender to lowering (the electronic biddings), for participation to whom he did not submit the bid.

The administrator of system provides access to authorized body in the field of solid minerals to viewing of the tender documentation of the customer and bids of potential suppliers without the right of change of the provided information.

The administrator of the register (system) does not check the price offers provided by potential suppliers of open tender or open tender on lowering (the electronic biddings) by means of the register (system) until their opening by the register (system).";

state Item 12 in the following edition:

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