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

of September 26, 2022 No. 990

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 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 persons with disability according to the individual program of abilitation and rehabilitation of persons with disability 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 persons with disability, to 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 "About approval of the qualifier of technical supportive (compensatory) means, special vehicles and services provided to disabled people" (it is registered in the Register of state registration of regulatory legal acts at No. 26087).";

state Item 51-1 in the following edition:

"51-1. The qualification requirement in the form of financial stability of the potential supplier participating in public procurements by method from one source by the direct conclusion of the agreement is determined by the customer with respect for the principles of implementation of public procurements, the stipulated in Article 4 Laws.

At the same time 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 79 in the following edition:

"79. In the cases provided by Items 73 – 76-1 these rules dumping prices are not represented.";

state Item 311 in the following edition:

"311. Tender with use of the framework agreements is performed according to the tender documentation on public procurements by tender method with use of the framework agreement, according to appendix 14 to these rules.";

state Items 315 and 316 in the following edition:

"315. In cases when the number of potential suppliers, acknowledged conforming to qualification requirements and requirements of the tender documentation, exceeds to five, the participant of the framework agreement the potential supplier having the bigger indicator of financial stability of the potential supplier determined by the web portal automatically according to data of information systems of bodies of state revenues is recognized.

In case of equality of indicators of financial stability the participant of the framework agreement the participant of tender, the application for participation which arrived before bids of other potential suppliers is recognized.

For the purposes of implementation of tender with use of the framework agreement measure calculation of financial stability of the potential supplier is determined by the web portal automatically according to data of information systems of bodies of state revenues according to the procedure, determined by appendix 2 to the tender documentation by public procurements by tender method with use of the framework agreement.

316. The framework agreement is signed for a period of one financial year, according to appendix 7 to the tender documentation on public procurements by tender method with use of the framework agreement.

For the purpose of increase in efficiency, and also ensuring uninterrupted activities the framework agreement is signed for the term of more than one year, but no more than three years.";

318, 319 and 320 to state Items in the following edition:

"318. When implementing the second stage of tender with use of the framework agreement the customers who are in borders of the corresponding administrative and territorial unit of the single organizer who signed the framework agreement by means of the web portal send to participants of this framework agreement inquiry for provision of the competitive price offer on form, according to appendix 8 to the tender documentation by public procurements by tender method with use of the framework agreement in which delivery conditions of goods, performance of works and rendering services are specified.

319. Participants of the framework agreement within two working days from the date of sending an inquiry about provision of the competitive price offer send to the customer by means of the web portal of the note to the technical specification or request about its explanation.

320. In the presence of notes, and also requests on explanation of the technical specification, the customer within two working days from the date of the expiration specified in Item 319 of these rules accepts one of the following decisions:

1) makes changes and (or) additions to the technical specification;

2) rejects notes with indication of reasons for the reasons of their variation;

3) makes explanations to the technical specification.";

add with Items 320-1, 320-2 and 320-3 of the following content:

"320-1. The customer no later than one working day from the date of the decision making specified in Item 320 of these rules places on the web portal the protocol of consideration of notes to the technical specification of the customer, according to appendix 12 to the tender documentation on public procurements by tender method with use of the framework agreement.

320-2. The protocol of consideration of notes to the technical specification is placed in the working days in working hours (from 09:00 till 18:00 on time of the city of Nour-Sultan).

At the same time, acceptance of competitive price offers is performed the next working day (from 09:00 on time of the city of Nour-Sultan) after day of placement of the protocol of consideration of notes to the technical specification.

320-3. The competitive price offer is submitted the participant of the framework agreement within two working days from the date of placement of the protocol of consideration of notes to the technical specification, according to appendix 13 to the tender documentation on public procurements by tender method with use of the framework agreement.";

321, of 322, 323 and 324 to state Items in the following edition:

"321. The competitive price proposal of the participant of the framework agreement is form of expression of its consent with the requirements and conditions of implementation of public procurements established by the customer.

322. The agreement is signed with the participant of the framework agreement which price is the smallest.

In case of equality of competitive price proposals of participants of the framework agreement the winner the participant of tender, the application for participation which arrived before bids of other participants of the framework agreement is recognized.

The agreement is signed according to the procedure, determined by the Law and these rules.

323. In case of reduction of number of participants of the framework agreement, including because of availability of the restrictions connected with participation in the public procurements provided by subitems 3), 4), 5), 6), 7), 8), 9) and 10) Item 1 of article 6 of the Law the single organizer as required carries out the first stage of tender with use of the framework agreement on filling (completion) of participants of the framework agreement.

324. The first stage of tender with use of the framework agreement is recognized cancelled on one of the following bases:

1) lack of the submitted bids;

2) submission of one bid, the acknowledged tender documentation which is not conforming to qualification requirements and (or) requirements;

3) if any potential supplier is not allowed to participation in tender.

In case of recognition of the first tender stage with use of the framework agreement cancelled, the single organizer accepts one of the following decisions:

1) about repeated carrying out the first stage of tender with use of the framework agreement;

2) about change of the tender documentation and repeated carrying out the first stage of tender with use of the framework agreement.

The second stage of tender with use of the framework agreement is recognized cancelled in the absence of the provided competitive price offers.

In case of recognition of the second stage of tender with use of the framework agreement cancelled, customers conduct such public procurements the different ways determined by the article 13 Law.";

state Item 328 in the following edition:

"328. After the term of submission of bids with use of rating and ball system the web portal automatically creates the protocol on results of public procurements by tender method with use of rating and ball system, according to appendix 10-1 to these rules.";

state Item 402 in the following edition:

"402. The non-governmental organizations of the Republic of Kazakhstan performing activities according to the authorized purposes for spheres, the stipulated in Article 5 Laws of the Republic of Kazakhstan "About the state social order, the state order on realization of strategic partnership, grants and awards for non-governmental organizations in the Republic of Kazakhstan" take part in tender on public procurements of the services provided by the state social order.";

2) of Item 411 to state the subitem in the following edition:

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

state Item 418 in the following edition:

"418. The following conditional reduction of competitive offers is applied to the potential suppliers allowed to participation in tender by results of consideration regarding compliance to requirements of the tender documentation and assessment of their technical specifications:

1) if final assessment of the bid of the potential supplier constitutes from 12 to 17 points inclusive, then the competitive price proposal of the potential supplier conditionally decreases by 10%;

2) if final assessment of the bid of the potential supplier constitutes from 18 to 23 points inclusive, then the competitive price proposal of the potential supplier conditionally decreases by 20%;

3) if final assessment of the bid of the potential supplier constitutes from 24 to 28 points inclusive, then the competitive price proposal of the potential supplier conditionally decreases by 30%.";

add with new appendix 10-1 according to appendix 1 to this order;

appendix 12 to Rules to be reworded as follows according to appendix 2 to this order;

appendix 14 to Rules to be reworded as follows according to appendix 3 to this order;

To state the note in Auction documentation in the following edition:

"Note:

* the provisions of auction documentation concerning bid bond are not displayed when implementing public procurements among public associations of persons with disability of the Republic of Kazakhstan and the organizations created by public associations of persons with disability of the Republic of Kazakhstan according to article 51 of the Law.";

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