ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2021 No. 953

About modification of the order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1200 "About approval of Rules of implementation of public procurements using special procedure"

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of December 31, 2015 No. 1200 "About approval of Rules of implementation of public procurements using special procedure" the following changes:

in Rules of implementation of the public procurements using special procedure approved by the specified resolution:

state preamble in the following edition:

"These rules of implementation of public procurements using special procedure (further - Rules) are developed according to Item 3 of article 50 of the Law of the Republic of Kazakhstan "About public procurements" (further - the Law) and determine procedure of public procurements using special procedure.";

to state heading of Chapter 1 in the following edition:

"Chapter 1. Planning of public procurements of goods, works, services";

to state heading of Chapter 2 in the following edition:

"Chapter 2. General provisions";

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

"7) the information about potential suppliers for forming and approval of the list of potential suppliers for the special state bodies and the organizations which are under their authority.";

to state heading of Chapter 3 in the following edition:

"Chapter 3. Methods of implementation of public procurements";

to state heading of Chapter 4 in the following edition:

"Chapter 4. The organization and carrying out public procurements of goods, works, the services performed by tender method";

to state part one of Chapter 4 in the following edition:

"10-1. Public procurements by tender method, except for public procurements by method of tender of the special state bodies and organizations which are under their authority are performed by placement on the web portal of the announcement of the planned public procurements (summary by types of goods, works, services).";

the second Item 11 to state part in the following edition:

"The actions provided by subitems 7), 8), 9) and 10) of this Item do not extend to the special state bodies and the organizations which are under their authority.";

to state heading of paragraph 1 in the following edition:

"Paragraph 1. Development, approval and approval of the tender documentation";

the second Item 16 to state part in the following edition:

"In the presence of at least five places of deliveries of goods, rendering services specifying in lot which is carried out by method of tender, several places of deliveries of goods, rendering services is allowed.";

to state heading of paragraph 2 in the following edition:

"Paragraph 2. Approval of tender committee, expert (commission of experts)";

the second Item 17 to state part in the following edition:

"The decision on creation of tender committee and determination of the secretary of tender committee, education of commission of experts or determination of the expert is accepted by the first head of the organizer of public procurements or the chief of staff, or person fulfilling its duties.";

to state heading of paragraph 3 in the following edition:

"Paragraph 3. Forming and approval of the list of potential suppliers";

state Item 28 in the following edition:

"28. When carrying out public procurements by tender method the organizer of public procurements sends to the address of the potential suppliers included in the list of potential suppliers, the notice on implementation of the public procurements, except as specified, established by Items 28-1, 28-2, 28-3, 28-4, 29-1 of these rules.

Potential suppliers to whom the notice on implementation of public procurements goes shall have the permission to works with use of the data constituting the state secrets, issued in accordance with the established procedure by Committee of homeland security of the Republic of Kazakhstan and its bodies, except as specified, when when implementing public procurements the data relating to the state secrets are not used, but the data containing office information of limited distribution, determined by the Government of the Republic of Kazakhstan are used.

When carrying out public procurements of goods, within implementation of requirements of ensuring information security for defense of the country and safety of the state the customer creates the list of potential suppliers of the register of the confidential software and products of the electronic industry established by the Law of the Republic of Kazakhstan "About informatization".

At the same time, in cases of absence of the potential suppliers delivering products corresponding to technical and functional characteristics or availability less than two potential suppliers in the register of the confidential software and products of the electronic industry established by the Law of the Republic of Kazakhstan "About informatization" to which the notice goes are created by the customer the list of potential suppliers according to Item 29 of these rules.";

the paragraph one of part one of Item 28-1 to state in the following edition:

"28-1. When carrying out public procurements by tender method, except for the special state bodies and the organizations which are under their authority, the organizer of public procurements on the web portal places the announcement of the planned public procurements. The announcement contains the following information:";

to state part one of Item 28-3 in the following edition:

"28-3. The organizer of public procurements, except for the organizer of public procurements of the special state bodies and organizations which are under their authority within two working days prior to carrying out public procurements creates on the web portal the list of potential suppliers from among submitted the petition with conducting check of their compliance to requirements, stipulated in Item 29-1 these rules.";

to state part one of Item 28-4 in the following edition:

"28-4. The organizer of public procurements, except for sends the organizer of public procurements of the special state bodies and organizations which are under their authority to the address of the potential suppliers included in the list of potential suppliers, the notice on implementation of public procurements.";

the paragraph one of part one of Item 29-1 to state in the following edition:

"29-1. The list of potential suppliers to whom the notice will go is created by the organizer, except for the special state bodies and the organizations which are under their authority taking into account:";

the second Item 30 to state part in the following edition:

"In case of acquisition of food products and food services the list of the potential suppliers invited to participation in tender is created of number of domestic producers and/or domestic entrepreneurs.";

to state heading of paragraph 4 in the following edition:

"Paragraph 4. Notice of potential suppliers on implementation of public procurements of goods, works, services as tender method";

to state heading of paragraph 5 in the following edition:

"Paragraph 5. Representation of the tender documentation to potential suppliers of the copy";

to state heading of paragraph 6 in the following edition:

"Paragraph 6. Explanation of provisions of the tender documentation";

to state heading of paragraph 7 in the following edition:

"Paragraph 7. Content and submission of bids";

to state heading of paragraph 8 in the following edition:

"Paragraph 8. Tender security on participation in tender";

to state heading of paragraph 9 in the following edition:

"Paragraph 9. Carrying out public procurements of goods, works, services as tender method. Opening of envelopes with bids";

to state heading of paragraph 10 in the following edition:

"Paragraph 10. Consideration of bids, the admission to participation in tender";

to state part one of Item 69 in the following edition:

"69. The tender committee considers bids and makes the decision on the preliminary admission or the admission of potential suppliers to participation in tender within 10 (ten) working days from the date of opening of envelopes with bids.";

1) of Item 77 to state the subitem in the following edition:

"1) it and (or) his subcontractor or the collaborator are determined not conforming to qualification requirements on the following bases:

non-presentation of notarially attested copies of permissions (notifications) in cases of lack of information about them in the state information system, and also patents, certificates, certificates, other documents confirming the right of the potential supplier to production, conversion, delivery and realization of the purchased goods, performance of works, rendering services stipulated by the legislation the Republic of Kazakhstan;

non-presentation of permissions (notifications) in the form of the paper copy of the electronic document got (directed) according to the legislation of the Republic of Kazakhstan on permissions and notifications, data on which prove to be true in information systems of state bodies;

non-presentation of the certificate of registration (re-registration) of legal entities, accounting registration (re-registration) of their branches and representations received from the web portal of "the electronic government": www.egov.kz;

non-presentation of notarially attested statement from constituent documents (if the charter does not contain the information about founders or the list of founders) containing the information about the founder or the list of founders, or the original of the statement from the register of the shareholders signed and assured by seal in accordance with the established procedure issued not earlier than one month preceding date of opening of envelopes;

availability in data of relevant organ of state revenues of information on the tax debt and debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget (except as specified when the payment due date is delayed according to the legislation of the Republic of Kazakhstan).

Note: financial stability of potential suppliers is determined by submission of the specified data taking into account requirements of these rules;

non-presentation of data on qualification according to appendices 7, 8 and 9 to the standard tender documentation;

discrepancy of the potential supplier to qualification requirements regarding possession material and the manpower sufficient for obligation fulfillment under the agreement, specified in the tender documentation (at the same time material and the manpower necessary for the customer for obligation fulfillment under the agreement, are specified in the technical specification which is integral part of the tender documentation);

factual determination of submission of false information according to the documents submitted in the bid;

it is subject to insolvency proceeding or liquidation;";

1) of Item 78 to state the subitem in the following edition:

"1) it and (or) his subcontractor or the collaborator are determined not conforming to qualification requirements on the following bases:

non-presentation of the copy of the identity certificate (at the same time, the customer if necessary obtains information on registration availability as the individual entrepreneur on the website: www.kgd.gov.kz in the Electronic Services / Search of Taxpayers tab);

non-presentation of notarially attested copy of the identity certificate (passport);

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