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

of June 9, 2022 No. 570

About modification and amendments 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"

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 of the Republic of Kazakhstan at No. 12590) the following changes and amendments:

in Rules of implementation of the public procurements (further – Rules) approved by the specified order:

state Item 42 in the following edition:

"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 and also to potential suppliers in case of acquisition at them of goods and services for providing disabled people according to the individual program of rehabilitation of the disabled person with the prosthetic and orthopedic help, technical supportive (compensatory) means, special vehicles and services according to the qualifier of technical supportive (compensatory) means, special vehicles and the services provided to disabled people, No. 502 approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of December 27, 2021 (No. 26087) is registered in the Ministry of Justice of the Republic of Kazakhstan.";

add with Item 51-1 of the following content:

"51-1. The potential supplier participating in public procurements by method from one source by the direct conclusion of the agreement is recognized financially steady if it corresponds to the conditions provided in the subitem 1) of Item 44 of these rules.";

state Item 65 in the following edition:

"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 experience of work is not imposed.";

add with Item 76-1 of the following content:

"76-1. The price of the bid of the potential supplier of rendering the services provided by the state social order is recognized dumping if it the low price allocated for tender more than for ten percent.";

state Item 77 in the following edition:

"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 the services provided by Items 76 and 76-1 of these rules), is recognized dumping if it the low price allocated for tender more than for twenty percent.";

state Item 86 in the following edition:

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

1) of Item 92 to state the subitem in the following edition:

"1) the data and documents confirming work experience of the potential supplier on technically difficult objects 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;";

state Item 93 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 positive expert opinions of complex non-departmental project appraisal of construction.

Reliability of the positive expert opinion of complex non-departmental examination issued by the state expert organization is confirmed by department of authorized body and its territorial subdivisions on the basis of data of information system of the state expert organization.

At the same time, in case of lack of data in information systems of the state expert organization, reliability of the positive expert opinion of complex non-departmental examination issued by the state expert organization is confirmed by letters the state expert organization, such expert organizations provided by means of the web portal with use of the digital signature based on addresses of potential suppliers.

Reliability of other positive expert opinions of complex non-departmental examination, are confirmed by letters of the accredited expert organizations provided by means of the web portal with use of the digital signature of such expert organizations based on addresses of potential suppliers.";

2) of Item 115 to state the subitem in the following edition:

"2) the approved first head of the customer or person fulfilling its duties, either the head of the budget program or person fulfilling its duties, the project of qualification requirements, the technical specification, the draft agreement being integral part of the tender documentation and structure of commission of experts or the expert in case of its creation (attraction).";

exclude Items 131 and 132;

181, 182 and 183 to state Items in the following edition:

"181. The single organizer in need of current of five working days from the date of the expiration of preliminary discussion of the draft of the tender documentation, in response to requests or notes of potential participating suppliers of the web portal, makes changes and (or) additions to the draft of the tender documentation, except for changes and (or) amendments in the project of the qualification requirements, the technical specification and the draft agreement which are integral part of the tender documentation. Modification and (or) amendments in the tender documentation, except for changes and (or) amendments in the project of the qualification requirements, the technical specification and the draft agreement which are integral part of the tender documentation affirms the single organizer according to the procedure, stipulated in Item 159 these rules.

182. The customer if necessary sends the approved decision on modification and (or) amendments to the project of the qualification requirements, the technical specification or the draft agreement which are integral part of the tender documentation, to the single organizer no later than three working days from the date of the expiration of preliminary discussion of the draft of the tender documentation.

183. The single organizer based on the decision on modification approved by the customer and (or) amendments in the project of the qualification requirements, the technical specification or the draft agreement which are integral part of the tender documentation brings no later than five working days from the date of the expiration of preliminary discussion of the draft of the tender documentation, change and (or) amendment in the project of the qualification requirements, the technical specification or the draft agreement which are integral part of the tender documentation in time.";

186, 187 and 188 to state Items in the following edition:

"186. In the case provided by the subitem 1) of Item 34 of these rules explanation of provisions of the project of qualification requirements, the technical specification and the draft agreement which are integral part of the tender documentation it is performed by the customer.

187. In the case provided by the subitem 2) of Item 34 of these rules explanation of provisions of the project of qualification requirements, the technical specification and the draft agreement which are integral part of the tender documentation it is performed by the single organizer.

188. The text of explanation of provisions of the project of qualification requirements, the technical specification and the draft agreement which are integral part of the tender documentation is reflected in the protocol of preliminary discussion of the draft of the tender documentation.";

exclude Item 282;

2) of Item 403 to state the subitem in the following edition:

"2) to have material and the manpower sufficient for obligation fulfillment under the agreement.";

411, 412 and 413 to state Items in the following edition:

"411. In case of public procurements of services of the state social order the organizer provides in the tender documentation the following criteria for assessment, provided by potential suppliers, bids:

1) compliance of the project offered by the potential supplier to requirements of the technical specification of the Customer;

2) compliance of the purpose of activities of the potential supplier (according to constituent documents) to the purchased services of the Customer and the directions, the stipulated in Article 5 Laws of the Republic of Kazakhstan "About the state social order, grants and awards for non-governmental organizations in the Republic of Kazakhstan";

3) data on finding of the potential supplier in "The database of non-governmental organizations";

4) experience of work of the potential supplier;

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